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THE REVISED LAWS OF
ANTIGUA
THE REVISED LAWS
OF
ANTIGUA
PREPARED UNDER THE AUTHORITY
OF THE
REVISED EDITION OF THE LAWS ORDINANCE, 1959
BY
P. CECIL LEWIS
One of Her Majesty's Judges
of the Supreme Court of the
Windward Islands and Leeward Islands
The Commissioner appointed
under the said Ordinance.
VOL. II.
Chapters 73 to 169.
Price: $150 per set.
Obtainable through:
The Administrator, Antigua, The West Indies.
Printed by
Waterlow & Sons Limited, Worship Street, London, E.C.2.
[Appointed by the Government of Antigua, the Government Printers, for the purposes of this
edition of Laws within the meaning of the Evidence (Colonial Statutes) Act 1907.]
1965
C9tP4
4-..""
~t~~ I -o
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CONTENTS
VOLUME II.
TITLE I (continued)
ADMINISTRATION OF JUSTICE.
CHAPTER
7q RWA7AiDC OR Tnru APDPRiETNMIN f F RPMTLTAT C
74 RIOT
75 SEDITION AN
76 SENTENCE O
77 SMALL CHA
78 SMALL TEN
79 SMALL TREI
80 SUMMARY J
81 SUPREME C
82 TREASONABI
83 TRUST COR
... ... ... ... ... ... ...
ID UNDESIRABLE PUBLICATIONS ...
)F DEATH (Expectant Mothers) ...
RGES ... ... ...... ...
EMENTS ...... ...
SPASS ...... ... ...
JURISDICTION ... ......
OURT ...... ......
LE OFFENCES ... ... ...
PORATION (Probate and Administration) ...
UNIFORMS ... ...
UNREPRESENTED ESTATES
WARRANTS OF ATTORNEY ...
WILLS ... ...
WILLS (Soldiers and Sailors)
PAGE
625
627
631
637
639
659
671
673
697
711
713
715
717
727
731
741
TITLE II.
ADMINISTRATOR.
89 ADMINISTRATOR'S (Salary and Duty Allowance) ... ... ... 745
TITLE III.
AGRICULTURE AND FISHERIES.
90 AGRICULTURAL SMALL HOLDINGS ... ... ... ... ... 749
91 AGRICULTURAL SMALL HOLDINGS (Regulation of Rentals) ... 761
92 COTTON EXPORT ... ... ... ... ... ... ... 769
CHAPTER
93 COTTON GROWERS ASSOCIATION
94 COTTON PLANTING (Regulation)
95 COTTON PROTECTION ...
96 COTTON SEED CONTROL ...
97 EXPORTATION OF FRUIT ...
98 FISHERIES ...
99 FORESTRY ...
100 FUMIGATION OF PLANTS ...
101 IMPORTATION OF LIVE FISH
102 PLANT PROTECTION ...
103 PRODUCE PROTECTION ...
TITLE IV.
ALIENS EXTRADITION AND NATURALIZATION.
ALIEN BANKERS ... ...
ALIENS LAND HOLDING REGULATION
ALIENS RESTRICTION ...
BRITISH NATIONALITY (Fees, Offences
EXTRADITION ... ...
UNDESIRABLE PERSONS EXPULSION
... ... ... ... 825
... ... ... ... 829
... ... ... ... 837
and Penalties) ... ... 839
... ... ... ... 841
... ... ... ... 843
TITLE V.
ANIMALS AND BIRDS.
ANIMALS (Diseases and Importation)
CATTLE TRESPASS ...
DOGS ... ... ...
PROTECTION OF ANIMALS ... .
SLAUGHTER OF CATTLE (Control) ...
WILD BIRDS PROTECTION ... .
PAGE
... 771
... ... 775
... 777
... 783
... ... 787
... 793
... 797
... ... 803
... ... 807
... ... 809
... ... 817
851
863
869
877
881
883
'''
'''
... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...
vii
TITLE VI.
BANKING AND CURRENCY.
CHAPTER PAGE
116 CURRENCY ... ... ... ... ... ... ... 889
117 EXCHANGE CONTROL ... ... ... ... ... ... 905
118 SAVINGS BANK ... ... ... ... ... ... ... 953
119 SILVER DOLLARS ... ... ... ... ... ... ... 959
120 TREASURY BILLS ... ... ... ... ... ... ... 961
TITLE VII.
BARBUDA.
121 BARBUDA ... ... ... ... ... ... ... ... 965
122 BARBUDA (Extension of Laws of Antigua) ... ... ... ... 985
123 MONGOOSE PROHIBITION (Barbuda) ... ... ... ... 987
TITLE VIII.
BENEVOLENT ASSOCIATIONS.
124 BUILDING SOCIETIES ... ... ** .. ... 991
125 CO-OPERATIVE SOCIETIES ... ... ... ... ... ... 1005
126 FRIENDLY SOCIETIES ... ... ... ... ... ... 1027
TITLE IX.
BOUNDARIES OF TOWNS.
127 PARISH BOUNDARIES ... ... ... ... ... ... 1069
128 STREET BOUNDARIES ... ... ... ... ... ... 1071
TITLE X.
CIVIL AVIATION.
9 A... .. ... 1077
129 AERODROMES
viii
TITLE XI.
CROWN LANDS.
CHAPTER PAGE
130 CROWN LANDS (Regulation) ... .. ... ... ... 1081
131 GOVERNMENT LANDS (St. John's) ... ... ... ... ... 1083
132 ST. JOHN'S CHURCHYARD ... ... ... ... ... ... 1085
TITLE XII.
CUSTOMS AND EXCISE.
133 CUSTOMS DUTIES ... ... ... ... ... ... ... 1089
134 CUSTOMS DUTIES (Dumping and Subsidies) ... ... ... 1121
135 CUSTOMS SURCHARGE ... ... ... ... ... ... 1129
136 EXCISE ... ... ... ... ... ... ... ... 1131
137 MOTOR VEHICLES (Custom Duty Exemption) ... ... ... 1163
138 RUM DUTY ... ... ... ... ... .. ... 1165
139 SUGAR EXCISE ... ... ... ... ... ... ... 1169
TITLE XIII.
DIPLOMATIC AND CONSULAR.
140 ADMINISTRATION OF ESTATES BY CONSULAR OFFICERS ... ... 1175
141 BRITISH MINISTERS AND CONSULS ... ... ... ... 1177
142 CONSULAR CONVENTIONS ... ... ... ... ... ... 1179
143 DIPLOMATIC IMMUNITIES (Representatives of Overseas Countries) 1183
144 DIPLOMATIC PRIVILEGES (Extension) ... ... ... ... 1185
TITLE XIV.
EDUCATION.
145 EDUCATION ... ... ... ... ... ... ... 1193
146 TRAINING SCHOOLS ... ... ... ... ... ... 1205
TITLE XV.
EMIGRATION AND IMMIGRATION.
PAGE
... ... ... ... 1215
... ... ... ... 1217
. ... ... ... ... 1219
. ... ... ... ... 1231
. ... ... ... ... 1247
CHAPTER
147 CHILDREN EMIGRATION (Protection)
148 EMIGRANT LABOURERS PROTECTION
149 EMIGRANTS PROTECTION
150 IMMIGRATION AND PASSPORT
151 RECRUITING OF WORKERS ...
TITLE XVI.
HARBOURS, WHARVES AND SHIPPING.
BRITISH CARIBBEAN SHIPPING (Agreement) ... ... ... 1253
BRYSON PIER ... ... ... ... ... .. ... 1267
CARRIAGE OF GOODS BY SEA ... ... ... ... ... 1269
COMMUNICATION WITH VESSELS ... ... ... ... 1277
DISTRESSED COLONIAL SEAMEN ... ... ... .. ... 1279
FOREIGN MERCHANT SHIPPING (Agreements) ... ... ... 1283
HARBOUR LAUNCHES ... ... .. ... .. ... 1285
HARBOURS AND ROADSTEADS ... ... ... ... ... 1289
IMPERIAL LIGHTHOUSE DUES ... ... ... ... ... 1301
MERCHANT SEAMEN'S DISCIPLINE ... ... ... ... 1303
MERCHANT SHIPPING (Agreements) ... ... ... ... 1305
MERCHANT SHIPPING (Registrar and Surveyor's Fees) ... ... 1309
PASSENGERS ... ... ... ... ... ... ... 1-311
PILOTS ... ... ... ... ... .. ... ... 1315
RECEIVERS OF WRECK ... ... ... .. ... ... 1321
ROYAL YACHT SQUADRON (Exemption from Duties) ... ... 1333
TRANSPORT DUES EXEMPTION ... ... ... ... ... 1335
WRECKS INQUIRIES ... ... ... ... ... ... 1337
Rewards for the Apprehension of Criminals (CAP. 73
CHAPTER 73.
REWARDS FOR THE APPREHENSION OF
CRIMINALS. 4/1881
S.R.O. 22/1956
(1st March, 1882.)
1. This Act may be cited as the Rewards for the Appre- Short title.
hension of Criminals Act.
2. It shall be lawful for the Administrator to proclaim Rewards for
apprehension
and offer a reward for the apprehension of any person charged of person
in due form according to law with having committed the crime charged with
treason or
of high treason, murder, or any other felony. felony.
3. The amount and the conditions of such rewards shall Amount of
be in the discretion of the Administrator, but the amount shall re
not in any case exceed the sum of four hundred and eighty
dollars for each and every person to be apprehended:
Provided that, if there shall be any question as to the
person or persons entitled under the provisions of this Act to
receive any such award, and if there be more than one person,
then as to the proportion of the reward to which each is entitled,
the same shall be determined by the Administrator in Council,
whose decision shall be final.
4. It shall be lawful for the Administrator, on the appre- Payment of
hension of any person for whose apprehension any reward shall reward.
have been offered under the authority of this Act, by warrant
under his hand directed to the Accountant-General or other
proper officer to draw from the public money of the Colony the
amount so proclaimed and offered; and the production of such
warrant shall be a full and sufficient voucher for the payment
by the Accountant-General, or other proper officer of the
amount so drawn.
(CAP. 74 627
CHAPTER 74.
RIOT.
23/1897
S.R.O. 22/1956
(30th December, 1897.)
1. This Act may be cited as the Riot Act.
2. Whosoever shall be convicted of the misdemeanor of
riot shall be liable to be imprisoned with or without hard labour,
for any term not exceeding three years, ether in addition to or
in lieu of any punishment, other than imprisonment, which
may be inflicted upon any such offenders by the common law.
3. Whosoever shall be convicted of the misdemeanor of
unlawful assembly shall be liable to be imprisoned with or with-
out hard labour, for any term not exceeding two years, either
in addition to or in lieu of any punishment other than imprison-
ment, which may be inflicted upon any such offenders by the
common law.
4. If any persons to the number of twelve or more, being
unlawfully, riotously and tumultuously assembled together to
the disturbance of the public peace and being required or com-
manded by any District Magistrate, or by any Justice of the
Peace of or for the Colony, by proclamation to be made in the
Queen's name in the form hereinafter directed, to disperse
themselves and peaceably to depart to their habitations or to
their lawful business, shall to the number of twelve or more, not-
withstanding such proclamation made, unlawfully, riotously
and tumultuously remain or continue together for the space
of one hour or more after such request or command made by
proclamation, then all and singular he persons so remaining
or continuing together to the number of twelve or more after
such request or command made by procamation shall be guilty
of felony and, being convicted thereof, shall be able to be
imprisoned, with or without hard labour, for any term not
exceeding five yean.
Short title.
Punishment
for riot.
Punishment
for unlawful
assembly.
Unlawful
assembly after
proclamation.
o
Riot.
628 CAP. 74)
Form and
order of pro-
clamation.
5. The order and form of the proclamation that shall be
made by the authority of this Act shall be as follows, that is to
say, the Magistrate or Justice of the Peace authorized by this
Act to make proclamation shall, among the rioters or as near
to them as he can safely come, with a loud voice command or
cause to be commanded silence to be, while proclamation is
making, and after that shall openly and with a loud voice make
or cause to be made proclamation in these words, or like in
effect:
"Our Sovereign Lady the Queen charges and
commands all persons, being assembled, immediately to
disperse themselves and peaceably to depart to their
habitations or to their lawful business, upon the pains
contained in the Riot Act. God save the Queen" :
and every District Magistrate and every Justice of the Peace
as aforesaid are hereby authorized, empowered and required,
on notice or knowledge of any such unlawful, riotous and tumul-
tuous assembly, to repair to the place where such unlawful,
riotous and tumultuous assembly shall be, of persons to the
number of twelve or more, and there to make or cause to be
made proclamation in manner aforesaid.
6. If such persons so unlawfully, riotously and tumul-
tuously assembled, or twelve or more of them, after proclamation
made in manner aforesaid shall continue together and not dis-
perse themselves within one hour, then it shall and may be
lawful to and for, every District Magistrate and every such
Justice of the Peace as aforesaid and to and for every police
officer, constable and other peace officer of the Colony, and to
and for every such other person as shall be commanded to be
assisting unto any such Magistrate or Justice of the Peace as
aforesaid who are hereby authorized and empowered to com-
mand all Her Majesty's subjects of age and ability to be assisting
to them therein; to seize and apprehend, and they are hereby
required to seize and apprehend such persons so unlawfully,
riotously and tumultuously continuing together after proclama-
tion made as aforesaid and forthwith to carry the persons so
apprehended before a District Magistrate or before one or
more Justice or Justices of the Peace of or for the Colony, in
order to their being proceeded against for such their offences
according to law; and if the persons so unlawfully, riotously
and tumultuously assembled or any of them shall happen to be
killed, maimed or hurt in the dispersing, seizing or apprehending
Apprehension
of persons un-
lawfully
assembled
after procla-
mation.
Riot.
(CAP. 74 629
or endeavouring to disperse, seize or apprehend them by reason
of their resisting the person or persons so dispersing, seizing
or apprehending or endeavouring to disperse, seize or appre-
hend them, then every such Magistrate, Justice of the Peace,
police officer, constable or other peace officer and all and sin-
gular persons being aiding or assisting to them or any of them
shall be free, discharged and indemnified, as well against the
Queen's Majesty, as against all other persons of, for or con-
cerning the killing, maiming or hurting of any such persons so
unlawfully, riotously and tumultuously assembled as shall happen
to be so killed, maimed or hurt as aforesaid.
7. If any person shall with force and arms wilfully and Obstruction
of reading of
knowingly oppose or obstruct or in any manner wilfully and proclamation.
knowingly let, hinder or hurt any person who shall begin to
proclaim or go to proclaim according to the proclamation hereby
directed to be made, whereby such proclamation shall not be
made, the person so offending shall be guilty of felony and,
being convicted thereof, shall be liable to be imprisoned with,
or without hard labour, for any term not exceeding five years;
and all and singular the persons so unlawfully, riotously and
tumultuously assembled together to the number of twelve or
more as aforesaid to whom proclamation should or ought to
have been made, if the same had not been hindered as afore-
said, shall 'likewise in case they or any of them to the number
of twelve or more shall continue together and not disperse them-
selves within one hour after such let or hindrance so made,
having knowledge of such let or hinderance so made, be guilty
of felony and, being convicted thereof, be liable to be im-
prisoned with or without hard labour for a term not exceeding
five years.
8. No person shall be prosecuted by virtue of this Act Limitation of
prosecutions.
for any offence against the same, unless such prosecution shall be unions.
commenced within twelve months after the offence committed.
Riot.
Sedition and Undesirable Publications. (CAP. 75
CHAPTER 75.
11/1938
SEDITION AND UNDESIRABLE PUBLICATIONS. 10/1941
S.RO. 22/1956
(14th December, 1938.)
1. This Act may be cited as the Sedition and Undesirable Short title.
Publications Act.
2. In this Act- Interpreta-
tion.
"import" includes-
(a) to bring into the Colony, and
(b) to bring within the inland waters of the
Colony whether or not the publication is brought
ashore, and whether or not there is an intention to
bring the same ashore;
"publication" includes all written or printed matter and
everything, whether of a nature similar to written or
printed matter or not, containing any visible represen-
tation, or by its form, shape, or in any manner capable
of suggesting words or ideas, and every copy and repro-
duction of any publication;
"periodical publication" includes every publication issued
periodically or in parts or numbers at intervals whether
regular or irregular;
"prohibited publication" means any publication the im-
portation of which has been prohibited by Order
under section 7;
"seditious publication" means a publication having a
seditious intention;
"seditious words" means words having a seditious intention.
3. A "seditious intention" is an intention-- MeSafing
Ieditiou in-
(i) to bring into hatred or contempt or to excite dis- tntion.
affection against the person of Her Majesty, Her
heirs or successors, or the Government of the
Colony as by law established; or
632 CAP. 75) Sedition and Undesirable Publications.
(ii) to excite Her Majesty's subjects or inhabitants of
the Colony to attempt to procure the alteration,
otherwise than by lawful means, of any other
matter in the Colony as by law established; or
(iii) to bring into hatred or contempt or to excite dis-
affection against the administration of justice in
the Colony; or
(iv) to raise discontent or disaffection amongst Her
Majesty's subjects or inhabitants of the Colony; or
(v) to promote feelings of ill-will and hostility between
different classes of the population of the Colony.
But an act, speech or publication is not seditious by reason
only that it intends-
(a) to show that Her Majesty has been misled or mis-
taken in any of her measures; or
(b) to point out errors or defects in the government
or constitution of the Colony as by law established or in
legislation or in the administration of justice with a view
to the remedying of such errors or defects; or
(c) to persuade Her Majesty's subjects or inhabitants
of the Colony to attempt to procure by lawful means the
alteration of any matter in the Colony as by law established;
or
(d) to point out, with a view to their removal, any
matters which are producing or have a tendency to produce
feelings of ill-will and enmity between different classes of
the population of the Colony.
In determining whether the intention with which any act
was done, any words were spoken, or any document was pub-
lished, was or was not seditious, every person shall be deemed
to intend the consequences which would naturally follow from
his conduct at the time and under the circumstances in which
he so conducted himself.
Offences in 4. (1) Any person who-
respect of
sedition. (a) does or attempts to do, or makes any preparation
to do, or conspires with any person to do, any act with a
seditious intention;
(b) utters any seditious words;
(c) prints, publishes, sells, offers for sale, distributes
or reproduces any seditious publication;
Sedition and Undesirable Publications. (CAP. 75
(d) imports any seditious publication, unless he has no
reason to believe that it is seditious,
shall be guilty of an offence and shaH be liable for a first offence
to imprisonment with or without hard labour for a term not
exceeding two years or to a fine not exceeding four hundred
and eighty dollars or to both such imprisonment and such fine,
and for a subsequent offence to imprisonment with or without
hard labour for a term not exceeding three years.
(2) Any person who without lawful excuse has in his posses-
sion any seditious publication shall be guilty of an offence and
shall be liable for a first offence to imprisonment with or without
hard labour for a term not exceeding one year or to a fine not
exceeding two hundred and forty dollars or to both such im-
prisonment and such fine, and for a subsequent offence to im-
prisonment with or without hard labour for a term not exceeding
two years.
5. (1) No prosecution for an offence under section 4
shall be begun except within six months after the offence is
committed.
(2) A person shall not be prosecuted for an offence under
section 4 without the written consent of the Attorney-General.
6. No person shall be convicted of an offence under
section 4 on the uncorroborated testimony of one witness.
7. The Administrator in Council, if satisfied that the im-
portation of any publication would be contrary to the public
interest, may, in his absolute discretion, by order prohibit the
importation of such publication, and in the case of a periodical
publication may, by the same or a subsequent order, prohibit the
importation of any past or future issue thereof.
8. (1) Any person who imports, publishes, sells, offers
for sale, distributes, or reproduces any prohibited publication,
or any extract therefrom, shall be guilty of an offence and shall
be liable for a first offence to imprisonment with or without hard
labour for a term not exceeding two years or to a fine not ex-
ceeding four hundred and eighty dollars or to both such imprison-
ment and such fine, and for a subsequent offence to imprison-
ment for a term not exceeding three years.
(2) Any person who without lawful excuse has in his posses-
sion any prohibited publication, or any extract therefrom, shall
Limitation of
proceedings
under sec-
tion 4.
Corroborative
evidence re-
quired.
Power to pro-
hibit the
importation of
undesirable
publications.
Offences in
respect of
prohibited
publications.
633
CAP. 75) Sedition and Undesirable Publications.
be guilty of an offence and shall be liable for a first offence to
imprisonment for a term not exceeding one year or to a fine
not exceeding two hundred and forty dollars or to both such
imprisonment and such fine, and for a subsequent offence to
imprisonment with or without hard labour for a term not
exceeding two years.
Limitation of 9. (1) No prosecution for an offence under section 8
proceedings shall be 'begun except within six months after the offence is
under sec-
tion 8. committed.
(2) A person shall not be prosecuted for an offence under
section 8 without the written consent of the Attorney-General.
Innocent 10. (1) Any person to whom any prohibited publication,
prohibited. or any extract therefrom, is sent without his knowledge or privity
publication, or in response to a request made before the prohibition of the
importation of such publication came into effect, or who has such
a publication or extract therefrom in his possession at the time
when the prohibition of its importation comes into effect, shall
forthwith if or as soon as the nature of its contents have become
known to him, or in the case of a publication or extract there-
from coming into the possession of such person before an order
prohibiting its importation has been made forthwith upon the
coming into effect of an order prohibiting the importation of
such publication, deliver such publication or extract therefrom
to the officer in charge of the nearest Police Station, and in
default thereof shall be liable on summary conviction to im-
prisonment for a term not exceeding twelve months, or to a fine
not exceeding two hundred and forty dollars, or to both such
imprisonment and fine.
(2) A person who complies with the provisions of sub-
section (1) or is convicted of an offence under that subsection
shall not be liable to be convicted for having imported or having
in his possession the same publication or extract therefrom.
Power to 11. (1) Any Government Officer authorized in that
examine
suspeced behalf by the Administrator, may detain, open and examine
packages, any package or article which he suspects to contain any pro-
hibited publication or extract therefrom, and during such
examination may detain any person importing, distributing or
posting such package or article or in whose possession such
package or article is found.
(2) If any such prohibited publication or extract therefrom
is found in such package or article, the whole package or article
Sedition and Undesirable Publications. (CAP. 75 635
may be impounded and retained by the officer, and the person
importing, distributing, or posting it, or in whose possession it is
found, may forthwith be arrested and proceeded against for the
commission of an offence under section 8 or section 10 as the
case may be.
12. If a Magistrate is satisfied by information on oath Power to
grant search
that there is reasonable cause to believe that any publication warants.
in respect of which any conviction under this Act has been
recorded, or any prohibited publication, is in any place or
places, he may grant a warrant authorizing any police officer
not below the rank of sergeant to search such place or places
and to seize and detain any such publication found therein.
13. Any person who hinders or obstructs any other person Obstruction,
acting in the execution of his duty under the provisions of this etc.
Act shall be liable on summary conviction to imprisonment with
or without hard labour for a term not exceeding six months or
to a fine not exceeding two hundred and forty dollars, or to both
such imprisonment and fine.
14. Any seditious or prohibited publication seized or de- Seditious and
prohibited
trained in pursuance of the provisions of this Act or in respect publications
of which any conviction has been recorded shall be forfeited forfeited.
to Her Majesty and shall be destroyed or otherwise disposed
of in accordance with the directions of the Administrator.
15. Notwithstanding anything contained in this Act any Summary
person charged with an offence under section 4 or section 8
may, if the Magistrate hearing the case is of opinion that it is a
proper case for summary trial, elect to be tried summarily and
thereupon shall be liable on conviction to imprisonment with or
without hard labour for a term not exceeding twelve months or
to a fine not exceeding two hundred and forty dollars or to both
such imprisonment and such fine, but so that a person shall
not be punished twice for the same offence.
Sentence of Death (Expectant Mothers). (CAP. 76 637
CHAPTER 76.
16/1953
SENTENCE OF DEATH (EXPECTANT MOTHERS). 15/1961
(20th March, 1953.)
1. This Act may be cited as the Sentence of Death Short title.
(Expectant Mothers) Act.
2. Where a woman convicted of an offence punishable Sentence of
with death is found in accordance with the provisions of this Act be pardon
to be pregnant, the sentence to be passed on her shall be a pregnant
sentence of imprisonment for life instead of sentence of death. woman.
3. (1) Where a woman convicted of an offence punish- Procedure
able with death alleges that she is pregnant, or where the Court convited of
before whom a woman is so convicted thinks fit so to order, capital offence
the question whether or not the woman is pregnant shall, before allege
sentence is passed on her, be determined by a jury.
(2) Subject to the provisions of this subsection, the said
jury shall be the trial jury, that is to say, the jury to whom she
was given in charge to be tried for the offence, and the members
of the jury need not be resworn:
Provided that-
(a) if any member of the trial jury, either before or
after the conviction, dies or is discharged by the Court as
being through illness incapable of continuing to act or for
any other cause, the inquiry as to whether or not the woman
is pregnant shall proceed without him; and
(b) where there is no trial jury, or where a jury
have disagreed as to whether the woman is or is not
pregnant, or have been discharged by the Court without
giving a verdict on that question, the jury shall be consti-
tuted as if to try whether or not she was fit to plead, and
shall be sworn in such a manner as the Court may direct.
(3) The question whether the woman is pregnant or not
shall be determined by the jury on such evidence as may be
laid before them either on the part of the woman or on the part
638 CAP. 76) Sentence of Death (Expectant Mothers).
of the Crown, and the jury shall find that the woman is not
pregnant unless it is proved affirmatively to their satisfaction
that she is pregnant.
(4) Where on proceedings under this section the jury find
that the woman in question is not pregnant, the woman may
appeal to the British Caribbean Court of Appeal, and that Court,
if satisfied that for any reason the finding should be set aside,
shall quash the sentence passed on her and instead thereof pass
on her a sentence of imprisonment for life.
Small Charges.
(CAP. 77 639
CHAPTER 77.
SMALL CHARGES.
(1st March, 1892.)
1. This Act may be cited as the Sma~ Charges Act.
2. In this Act-
"public place" includes any road, street, square, sidewalk,
alley, court, path, wharf, pier, jetty, bridge, shop,
courthouse or any other place to which the public
have access or are admitted without payment.
11/1891
4/1876
7/1897
24/1897
8/1906
8/1924
3/1927
2/1931
4/1932
7/1933
2/1936
11/1939
5/1942
8/1944
1/1947
8/1948
10/1949
18/1949
4/1953
14/1955
S.R.O. 22/1956
15/1961
Short title.
Interpretation.
PART I.
ARREST OF CERTAIN OFFENDERS.
3. It shall be lawful for any person whatsoever to appre-
hend any person who shall be found committing any offence,
upon conviction for which he would be deemed to be an idle
and disorderly person or a rogue and a vagabond or an in-
corrigible rogue within the meaning of this Act; and
(a) forthwith to take and convey him before a Magis-
trate; or
(b) to deliver him to any constable or other peace
officer of the place where he shall have been apprehended,
to be taken and conveyed before a Magistrate;
to be dealt with in such manner as herein directed.
(2) In case any constable or other peace officer-
(a) shall refuse or wilfully neglect to take any such
offender into his custody and to take and convey him
before some Magistrate; or
Apprehension
of idle and
disorderly
person, etc.
640 CAP. 77)
Small Charges.
(b) shall not use his best endeavours to take and convey
before some Magistrate any person that he shall find com-
mitting any such offence;
it shall be deemed a neglect of duty in any such constable
or other peace officer, and he shall, on conviction, be punished
in such manner as is in section 35 directed.
Arrest of
person found
carrying arms,
etc.
Warrant for
apprehension
of idle and
disorderly
person, etc.
Warrant to
search for,
and apprehend
idle and
disorderly
person, etc.
Property of
idle and
disorderly
person, etc.,
4. Any peace officer may arrest any person found carry-
ing abroad any gun, pistol, hanger, cutlass, bludgeon or other
offensive weapon, who shall be unable to afford a satisfactory
reason for the possession of the same, and take such person
before a Magistrate.
5. It shall be lawful for any Magistrate upon oath being
made before -him, that any person has committed or is suspected
of having committed any offence, upon conviction for which he
would be deemed to be an idle and disorderly person, or a
rogue and a vagabond, or an incorrigible rogue within the
meaning of this Act, to issue his warrant to apprehend and
bring before him or some other Magistrate the person so charged
to be dealt with as directed by this Act.
6. It shall be lawful for any Magistrate upon information
on oath before him made, that any person herein described as
an idle and disorderly person or as a rogue and a vagabond or
as an incorrigible rogue, is, or is reasonably suspected to be,
harboured or concealed in any house kept or purported to be
kept for the reception, lodging or entertainment of travellers,
by warrant under his hand and seal, to authorize any constable
or other person or persons to enter at any time into such house
and to apprehend and bring before him or any other Magistrate
every such idle and disorderly person, rogue and vagabond,
and incorrigible rogue as shall be found therein, to be dealt
with in the manner herein directed.
7. It shall be lawful for any constable, peace officer or
other person apprehending any person charged with being an
idle and disorderly person, or a rogue and a vagabond or an
incorrigible rogue to take any horse, mule, ass, cart, car, caravan
or other vehicle or goods, in the possession or use of such person
and to take and convey the same as well as such person before
some Magistrate.
Small Charges.
PART II.
OFFENCES.
8. Any person who makes use of any abusive, blasphemous,
indecent, insulting, profane or threatening language-
(a) in any public place; or
(b) in any place to the annoyance of the public; or
(c) tending to a breach of the peace;
shall be liable to a fine not exceeding twenty-four dollars or to
imprisonment for a term not exceeding one month.
9. Every person who aids, abets, counsels or procures
the commission of any offence which is punishable on summary
conviction shall be 'liable to be proceeded against and convicted
for the same, either together with the principal offender or before
or after his conviction, and shall also be liable on conviction to
the same forfeitures and punishments and to make the same
payments as those to which the principal offender would be
liable, and he may be proceeded against and convicted either
in the place where the principal offender may be triable or in
that in which the offence of aiding, abetting, counselling or pro-
curing was committed.
10. Any person who in any public place persists, after
being warned not to do so by any other person, or a Police
Officer, Local or Special Constable in accompanying or follow-
ing such other person about for the purpose of-
(a) soliciting alms or employment; or
(b) satisfying idle curiosity; or
(c) annoying;
shall be liable to a fine not exceeding nine dollars and sixty
cents or to imprisonment for a term not exceeding fourteen days.
11. Any person found carrying abroad any gun, pistol,
anger, cutlass, bludgeon or other offensive weapon whatsoever,
r any explosive matter or thing, who is unable to afford a
satisfactory reason for the possession of the same, shall be liable
o a fine not exceeding twenty-four dollars, or to imprisonment
or a term not exceeding one month, and in addition to any
ch penalty, the Magistrate may take from any such person
y such gun, pistol, hanger, cutlass, bludgeon or other offensive
weapon.
Abuse and
bad language.
Aiders and
abettors in
offences pun-
ishable on
summary
conviction.
Annoyance in
public place.
Arms and
other offensive
weapons.
(CAP. 77
642 CAP. 77)
Assault. 12. (1) Any person who shall assault or beat any other
person, shall be liable to a fine not exceeding twenty-four dollars
or to imprisonment for a term not exceeding two months.
(2) Any person who in the opinion of the Magistrate is
guilty of an aggravated assault-
(a) on any male child whose age does not in the opinion
of the Magistrate exceed fourteen years; or
(b) upon any female;
shall be liable to a fine not exceeding ninety-six dollars, or to
imprisonment for a term not exceeding six months.
Begging. 13. (1) Any person wandering abroad or placing himself
in any public place to beg or gather alms, shall be deemed an
idle and disorderly person within the meaning of this Act, and
shall be liable to a fine not exceeding twenty-four dollars, or to
imprisonment for a term not exceeding one month.
(2) Any person-
(a) wandering abroad and endeavouring by the ex-
posure of wounds or deformities; or
(b) going about as a gatherer or collector of alms, or
endeavouring to procure charitable contributions of any
nature or kind under any false or fraudulent pretence;
shall be deemed to be a rogue and a vagabond within the
meaning of this Act, and shall be liable to imprisonment for
a term not exceeding three months.
Boats, remov- 14. Any person who takes or attempts to take any boat,
ing. canoe or raft from or out of any mooring, wharf, boathouse,
beach, landing stage or other place, for the purpose of using
the same, without the consent of the person or persons entrusted
with the charge thereof, and without having any probable claim
or pretence of title thereto, shall be liable to a fine not exceeding
twenty-four dollars, and the payment of such fine, or the suffer-
ing of any imprisonment in default of such payment, shall not
affect the right of action of the party aggrieved.
Dancing or 15. (1) Any person who receives in any house or place
other amse- for the purpose of dancing or other amusement for money or
other payment or reward, any persons, without having obtained
a licence for such purpose from a Magistrate under his hand and
seal (which licence it shall be discretionary in the Magistrate to
Small Charges.
(CAP. 77 643
grant or withhold) shall be deemed to be a rogue and a vagabond
within the meaning of this Act, and shall be liable to imprison-
ment for a term not exceeding three months.
(2) Any peace officer may enter any house or place where
dancing or other amusement shall be going on for money or
other payment or reward, or where any persons shall be assembled
for such purpose, without a licence as provided for in subsection
(1), and warn all persons received therein to leave and disperse,
and any person remaining in such house or place after such
warning, or not dispersing when required so to do by any peace
officer, shall be deemed to be an idle and disorderly person
within the meaning of this Act, and shall be liable to imprison-
ment for a term not exceeding one month.
16. Any person who unlawfully and maliciously places, Depasturing
fastens and depastures any animal on any land or on any public
thoroughfare, shall be liable to a fine not exceeding twenty-four
dollars or to imprisonment for a term not exceeding one month.
17. (1) Any person who, in any public place conducts Disorderly
himself in a disorderly manner, or conducts himself in such a
noisy manner as to disturb the neighbourhood, shall be liable
to a fine not exceeding twenty-four dollars, or to imprisonment
for a term not exceeding one month.
(2) If any person shaM conduct himself in his own house
or premises, or shall suffer or allow any other person so to con-
duct himself therein as to repeatedly annoy or disturb the
neighbourhood, any person annoyed or disturbed thereby may
complain to a Magistrate, who may, if he is satisfied that there
are good grounds for such complaint, cause the person so offend-
ing to be warned, and if after such warning such person shall
within three months so conduct himself in his own house or
premises, or shall suffer or allow any other person so to conduct
himself therein as to annoy or disturb the neighbourhood, he shall
be liable to a fine not exceeding twenty-four dollars, or to im-
prisonment for a term not exceeding one month.
(3) Any person who behaves profanely or irreverently or in-
decently or in a disorderly manner, or who smokes in any build-
ing appropriated for religious worship during the performance of
any religious service therein, or in any churchyard or cemetery
during the performance of any religious service on the interment
Small Charges.
644 CAP. 77)
of the dead, shall be liable to a fine not exceeding twenty-four
dollars.
(4) Any person who wilfully disturbs, interrupts or disquiets
any body of persons assembled for any moral, social or benevo-
lent purpose by profane discourse, by rude or indecent behaviour
or by making a noise, either within the place of such assembly
or so near it as to disturb the same, shall be liable to a fine
not exceeding twenty-four dollars.
(5) (a) Any person who at a lawful public meeting acts in
a disorderly manner for the purpose of preventing the transaction
of the business for which the meeting was called together, shall
be guilty of an offence and liable to a fine not exceeding twenty-
four dollars.
(b) Any person who incites others to commit an offence
under this subsection shall be guilty of a like offence.
Disorderly 18. (1) Any person keeping a disorderly house or a
house. brothel, in any town or village, or allowing his house to be a
disorderly house or to be used as a brothel, shall be liable to
a fine not exceeding forty-eight dollars.
(2) Upon the complaint on oath, made to any Magistrate
by any two or more respectable freeholders or householders that
any person in their neighbourhood keeps a disorderly house to
the nuisance of those in its vicinity, it shall be lawful for such
Magistrate to inquire into the case, and if the complaint be
duly proved, the offender shall be liable to a fine not exceeding
forty-eight dollars.
Driving and 19. (1) Any person who shall ride or drive furiously
riding, in any public place in such a manner as is calculated to
endanger the life or limb of persons lawfully in and upon such
public place, shall be liable to a fine not exceeding nine dollars
and sixty cents.
(2) Any person who shall wilfully or carelessly drive any
animal, or drive any vehicle against any other person or against
any other animal or vehicle, being ridden or driven respectively
by any other person in any public place, shall be liable to a
fine not exceeding nine dollars and sixty cents.
(3) Any driver of any vehicle who shall be found riding
in or on the same without having and holding the reins, or
who shall when holding the reins ride on the shaft of such
vehicle, or shall be at such a distance from the same that he
Small Charges.
Small Charges.
cannot have proper control over the animal or animals draw-
ing the same, or who shall not observe the customary rules
of the road when meeting or passing or being passed or overtaken
by any vehicle, shall be liable to a fine not exceeding nine dollars
and sixty cents.
20. Any person in charge of any animal or animals in
any public place who shall wilfully be at such a distance from
such animal or animals that he cannot have proper control
over such animal or animals so in his charge, shall be liable
to a fine not exceeding nine dollars and sixty cents.
21. Any person being the owner of any cart, dray or
waggon which is in use, without having the name of the owner
legibly marked on the off or right-hand side thereof with paint,
shall be liable to a fine not exceeding nine dollars and sixty cents.
22. (1) Any person found drunk in any public place
or on any licensed premises, shall be liable to a fine not exceed-
ing two dollars and forty cents; and on a second conviction
within a period of twelve months, shall be liable to a fine not
exceeding four dollars and eighty cents; and on any sub-
sequent conviction within such period of twelve months shall
be liable to a fine not exceeding nine dollars and sixty cents.
(2) Any person who, in any public place, is drunk when-
(a) in charge of any motor car or other vehicle pro-
pelled by mechanical power and so constituted that no
smoke or visible vapour is emitted therefrom, except from
any temporary or accidental causes, carriage, cart, cattle,
horse or steam engine; or
(b) in possession of any loaded firearm;
shall be liable to a fine not exceeding nine dollars and sixty cents
or to imprisonment for a term not exceeding one month.
23. (1) Any person breaking or escaping out of any
place of legal confinement before the expiration of the term
for which he shall have been convicted, or ordered to be
confined, by virtue of this Act, shall be deemed an incorrigible
rogue within the meaning of this Act, and shall be liable to
imprisonment for a term not exceeding six months.
(2) Any person in lawful custody of any police officer,
or other person, who escapes, or attempts to escape, from such
Animals in
public place.
Vehicles to
be marked.
Drunkenness.
Escaping from
legal confine-
ment or
custody.
(CAP. 77
646 CAP. 77)
custody, shall be liable to imprisonment for a term not exceed-
ing three months; but this section shall not be held to prevent
any person escaping from lawful custody from being pro-
ceeded against under any other Act: Provided that no person
shall be punished twice for the same offence.
Family, neglect 24. (1) Any person being wholly or in part able to
or desertion of.
or desertion of. maintain his or her children, whether legitimate or illegitimate,
and if a male his wife, by work or by other lawful means,
and wilfully refusing or neglecting to do so, shall be deemed
to be an idle and disorderly person within the meaning of this
Act, and shall be liable to imprisonment for a term not exceed-
ing one month.
(2) Any person who deserts his wife or children shall be
liable to imprisonment for a term not exceeding three months.
(3) Any person running away and leaving his wife or his
or her child or children, shall be deemed to be a rogue and a
vagabond within the meaning of this Act, and shall be liable
to imprisonment for a term not exceeding three months.
Fire 25. (1) Any person who in any place carelessly carries or
uses any fire shall be liable to a fine not exceeding twenty-four
dollars or to imprisonment for a term not exceeding one month.
(2) Any person who by the careless or improper use
of fire within any city, town or village endangers any lives or
property therein, shall be liable to a fine not exceeding two
hundred and forty dollars or to imprisonment for a term not
exceeding six months.
Fireworks, 26. (1) Any person who, except with the permission of
firearms, ec. the Administrator-
(a) discharges any cannon;
(b) lets off, or assists in letting off any fireworks; or
(c) lights, or assists in lighting any bonfire; or
(d) carries any flaming torch, or naked light for any
purpose other than the exercise of a lawful trade or
occupation,
in any public place in any city, town or village, or within one
hundred yards thereof, shall be liable to a fine not exceeding
twenty-five dollars.
Small Charges.
(CAP. 77 647
(2) Any person who discharges any gun, pistol or other
firearm in any public place or within one hundred yards thereof,
except on some lawful and necessary occasion shall be liable to
a fine not exceeding twenty-five dollars.
27. (1) Any person who knowingly permits any building Gambling.
or place in his occupation to be used for the purpose of gaming
therein shall be deemed to be a rogue and a vagabond within
the meaning of this Act, and shall be liable to imprisonment for
a term not exceeding three months.
(2) Any Magistrate or Justice of the Peace (other than an
officer of the Police) who is satisfied by proof upon oath that
there is reasonable ground for believing that any place is kept
or used as a gaming house, may, by warrant authorize any police
officer, with such assistance and by such force as may be neces-
sary, by night or by day, to enter such place, and to search the
same and all persons found therein, and to take into custody all
persons, and to seize all instruments and appliances for gambling,
and all moneys or securities for money found therein or in the
possession of any person escaping therefrom: Provided that
whenever, owing to the lateness of the hour, it shall be incon-
venient to obtain a warrant, then it shall be lawful for any com-
missioned officer of the Police Force, or any police officer not
under the rank of corporal, by night, without warrant, to enter
any place which he has reasonable grounds for believing is kept
as a gaming house, and any such officer shall, upon such entry,
have the same powers of search, arrest and seizure as may be
exercised by a police officer duly authorized by warrant under
this section: Provided that no such entry without a warrant shall
be made unless such officer is, at the time of entry, in the dress
and uniform of the Police Force.
(3) If any instruments or appliances for gambling are found
in any place entered under the provisions of this section, or upon
any person found therein or escaping therefrom, it shall be evi-
dence, until the contrary be made to appear, that such place is
used as a gaming house, and that the persons found therein or
escaping therefrom were playing therein, although no play was
actually going on in the presence of the police officer entering
such place, under the provisions of this Act, or in the presence
of those persons by whom he shall be accompanied as aforesaid:
and it shall be lawful for the Magistrate before whom any person
shall be taken to direct all such instruments or appliances of
gaming to be forthwith destroyed.
Small Charges.
648 CAP. 77)
(4) Every person found in any such place without lawful
excuse shall be liable to a fine not exceeding forty-eight dollars
or to imprisonment for a term not exceeding three months.
(5) Any person who is concerned in holding a lottery shall
be liable to a fine not exceeding two hundred and forty dollars.
(6) Any person playing or betting in any street, road, high-
way or any other open or public place at or with any table or
instrument of gaming, at any game or pretended game of chance,
shall be deemed to be a rogue and a vagabond within the mean-
ing of this Act, and shall be liable to imprisonment for a term
not exceeding three months.
(7) In this section "gaming house" means any building or
premises kept or used by any person without lawful authority
for the purpose of directly or indirectly making gain by provid-
ing any facilities for betting or for the playing of any game of
chance for money or money's worth.
(8) Nothing in this section shall apply to any lottery, sweep-
stake, parimutuel or pool betting organized and controlled by
an approved turf club in the Colony at or in connection with
any race meeting held by or under the auspices of such club.
In this subsection the expression "approved turf club"
means any turf club or racing association which has applied for
and obtained the approval of the Administrator with the advice
of the Executive Council to organize lotteries, sweepstakes, pari-
mutuels or pool betting generally at or in connection with race
meetings.
Harbousrin 28. Any person who knowingly-
(a) lodges or harbours thieves or reputed thieves; or
(b) suffers thieves or reputed thieves to meet or as-
semble in any premises under his control; or
(c) allows the deposit of goods in any premises under
his control, having reasonable cause for believing them to be
stolen;
shall be liable to a fine not exceeding forty-eight dollars or to
imprisonment for a term not exceeding six months.
Incorrigible 29. Any person, committing any offence against this
rogues. Act, by reason whereof he shall be deemed to be a rogue and a
vagabond within the meaning of this Act, such person having
Small Charges.
(CAP. 77 649
been, at some former time adjudged so to be and duly convicted
thereof, shall be deemed an incorrigible rogue within the meaning
of this Act, and shall be liable to imprisonment for a term not
exceeding six months.
30. (1) Any person behaving in a public place in an in-
decent manner, shall be liable to imprisonment for a term not
exceeding one month.
(2) Any person who writes or draws any indecent word or
figure or representation in any public place shall be liable to a
fine not exceeding nine dollars and sixty cents.
(3) Any person wilfully-
(a) exposing in any public place any obscene print,
picture, photograph or other indecent exhibition;
(b) exposing or causing to be exposed to public view
in the window or other part of any shop or other building
situated in a public place, any obscene print, picture, photo-
graph or other indecent exhibition;
(c) exposing his person in any public place, or in view
thereof;
shall be deemed a rogue and a vagabond within the meaning of
this Act, and shall be liable to imprisonment for a term not
exceeding three months.
(4) Any person who is concerned in the publishing or cir-
culating or who suffers to be published or circulated in any
newspaper or otherwise-
(a) any indecent matter;
(b) any advertisement regarding the cure of venereal
complaints or secret diseases;
shall be liable to a fine not exceeding two hundred and forty
dollars.
31. Any person who commits any of the offences created
by sections 4, 6, 7, 11, 15, 16, 17, 18, 19 and 25 of the Larceny
Act, or who attempts to commit, aids, abets, counsels or pro-
cures the commission of any such offence where the amount or
value of the property in respect of which the offence is commit-
ted in the opinion of the Magistrate does not exceed one hundred
dollars, shall be liable on summary conviction to imprisonment
for a term not exceeding six months:
Provided that the Magistrate may in his discretion abstain
Indecency.
Summary
trial of indict-
able offences
created by
certain sec-
tions of the
Larceny Act.
Cap. 44.
Small Charges.
650 CAP. 77)
from trying the offence summarily and may commit the offender
for trial for an indictable offence.
Malicious 32. Any person who unlawfully and maliciously commits
damage, any damage, injury or spoil to or upon any real or personal
property whatsoever, the value of which in the opinion of the
Magistrate does not exceed twenty-four dollars, shall be liable
to a fine not exceeding ninety-six dollars, or to imprisonment for
a term not exceeding six months:
Provided that the Magistrate may in his discretion abstain
from trying the case summarily, and may commit the offender
for trial for an indictable offence:
Provided also, that if in the opinion of the Magistrate the
amount of the damage exceeds nine dollars and sixty cents, and
the offender objects to be tried summarily, the Magistrate shall
abstain from trying the case summarily and shall commit the
offender for trial for an indictable offence.
Nuisances. 33. (1) Any person who in any public thoroughfare-
(a) causes any vehicle with or without horses to stand
longer than is necessary for the purpose of loading or un-
loading after being warned to depart;
(b) by any means whatsoever causes an obstruction;
(c) flies any kite, hoists any flag, discharges any fire-
arm or plays any game in or near to such public thorough-
fare as aforesaid to the common danger or annoyance of
passengers;
(d) lays or throws down any article or thing to the in-
convenience of the passengers or neighboring residents (ex-
cept building materials to be used in the immediate neigh-
bourhood or rubbish occasioned by such building which
shall be so placed as not to cause any mischief to passengers
or unless any such act as aforesaid is done in conformity with
any regulation of a Town or Country Board or a Board of
Health);
(e) empties or begins to empty any privy or remove
any nightsoil between the hours of 5 a.m. and 10 p.m. or
wilfully and carelessly spills any such offensive matter as
aforesaid or throws down any nightsoil, dirt, litter, ashes,
broken glass, carrion, fish offal or other rubbish, unless any
such act as aforesaid is done in conformity with any regula-
tion of a Town or Country Board or a Board of Health:
Small Charges.
(CAP. 77 651
Provided that this paragraph shall not be deemed to
apply to the removal of nightsoil from any prison, which
may be removed not later than 6.30 a.m.;
(/) erects or maintains any blind, awning or other pro-
jection unless the same is at least eight feet above the level
of such thoroughfare;
(g) leaves or fixes or maintains any dangerous thing in
upon or over such thoroughfare as aforesaid;
(h) suffers to be at large any vicious or dangerous ani-
mal or sets on any dog or other animal to worry or put in
fear any person or animal;
(i) suffers to be at large and not under proper control
any horse, mule, ass, cattle, swine or other similar animal;
or suffers any such animal whether or not under control to
drag any tethering chain or rope behind it;
(j) cleans, dresses, bleeds or farries any horse or other
animal except in case of accident or necessity;
(k) tethers any animal within such a distance as to
allow the same to stray on to such public thoroughfare;
(1) comes within the limits of any place where any pub-
lic work is being carried on as set out by the officer in charge
of such works without the permission of such officer;
shall be liable to a fine not exceeding nine dollars and sixty
cents or to imprisonment for a term not exceeding fourteen days.
(2) Any person who-
(a) discharges any filth or foul water or bathes in- or
washes clothes in or otherwise defiles any public well, spring,
pond, watercourse or gutter, unless any such act aforesaid
is done in conformity with any regulation of a Town or
Country Board of Health;
(b) commits a nuisance in any cane-piece within one
hundred feet of any town, hamlet or village or within ten
feet of any public thoroughfare;
(c) commits a nuisance in any place to the annoyance
of the public;
shall be liable to a fine not exceeding nine dollars and sixty cents.
34. Any person who- Offences for
(a) disobeys, or neglects or refuses to obey the provi- whichno
sions of any Act or Ordinance of the Cony, for the bach punishment
sions of any Act or Ordinance of the Colony, for the breach provided.
Small Charges.
652 CAP. 77)
Small Charges.
of which no specific punishment is by such Act or Ordin-
ance prescribed; or
(b) contravenes any regulation or rule made by the
Administrator, or by the Administrator in Council under
any Act or Ordinance, for the time being in force in the
Colony for the infringement of which no specific punish-
ment is prescribed;
shall be liable to a fine not exceeding twenty-four dollars.
Officers neg-
lecting their
duty.
Police, hind-
rance, assault,
obstruction of,
etc.
Posting pla-
cards and
defacing
buildings, etc.
Pretending to
tell fortunes,
etc.
35. Any constable or other peace officer who shall neglect
his duty in anything required of him by this Act, shall be liable
to a fine not exceeding twenty-four dollars.
36. (1) Any person who shall disturb or hinder any con-
stable or peace officer in the execution of his duty under this
Act, or shall be aiding, abetting or assisting therein, shall be
liable to a fine not exceeding twenty-four dollars.
(2) Any person who shall assault or beat or wound, or
resist or wilfully obstruct any member of the police force, or any
local or special constable, while in the execution of his duty,
shall be liable to a fine not exceeding two hundred and forty
dollars or to imprisonment for a term not exceeding twelve
months: Provided that the Magistrate may abstain from trying
the case summarily and commit the offender for trial for an
indictable offence.
37. Any person who, without the consent of the owner or
occupier-
(a) posts any bill, placard or other paper against or
upon; or
(b) shall write upon, soil, mark or deface;
any building, wall, fence, lamp-post or other object, shall be
liable to a fine not exceeding nine dollars and sixty cents.
38. Any person-
(a) pretending or professing to tell fortunes; or
(b) using any subtle craft, means or device, by
palmistry or otherwise;
to deceive and impose on any of Her Majesty's subjects, shall be
deemed to be a rogue and a vagabond within the meaning of
this Act, and shall be liable to imprisonment for a term not
exceeding three months.
(CAP. 77 653
39. (1) Any person who, being the tenant, lessee, occu- Prostitution.
pier or person in charge of any premises knowingly permits such
premises or any part thereof to be used for the purposes of
habitual prostitution shall be liable to imprisonment for a term
not exceeding six months.
(2) Every female who is proved to have, for the purposes
of gain, exercised control, direction, or influence over the move-
ments of a prostitute in such a manner as to show that she is
aiding, abetting, or compelling her prostitution with any person,
or generally, shall be liable to imprisonment for a term not ex-
ceeding six months.
(3) Any person loitering or being in any public place for
the purpose of prostitution or solicitation to the annoyance of
the public shall be liable to imprisonment for a term not exceed-
ing two months.
(4) Every male person who in any public place persistently
solicits or importunes for immoral purposes shall be liable to
imprisonment for a term not exceeding six months.
(5) Any common prostitute wandering in the public streets
or public highways, or in any place of public resort and behaving
in a riotous or indecent manner, shall be liable to imprisonment
for a term not exceeding six months.
40. Any person who in any public place refuses to assist Refusal to
any member of the police force or other peace officer in securing oficer, etc.
or capturing any person whom such member of the police force
or other peace officer is endeavouring to secure or capture when
lawfully called upon so to do, by such member of the police force
or peace officer, shall be liable to a fine not exceeding nine dol-
lars and sixty cents, or to imprisonment for a term not exceeding
fourteen days.
41. Any person who, when lawfully required by a Justice Refusing to
of the Peace or any police officer to give his name or address- give name, etc.
(a) refuses to give his name, or address, or
(b) gives a false name or address,
shall be liable to a fine not exceeding ten dollars.
42. Any person who- Riotous
(a) in any public place is guilty of any riotous be- conduct.
haviour; or
Small Charges.
654 CAP. 77)
(b) in any police station house is guilty of any violent
behaviour;
shall be liable to a fine not exceeding twenty-four dollars or to
imprisonment for a term not exceeding one month.
Rogues and 43. Any person committing any offence, on conviction
for which he shall be deemed an idle and disorderly person
within the meaning of this Act, after having been convicted as
an idle and disorderly person shall be deemed to be a rogue and
a vagabond within the meaning of this Act, and shall be liable
to imprisonment for a term not exceeding three months.
Receiving 44. (1) Any person who receives any property knowing
and being in
possession of the same to have been stolen or obtained in any way whatsoever
property under circumstances which amount to an offence under sections
stolen or
unlawfully 4, 6, 7, 11, 15, 16, 17, 18, 19 and 25 of the Larceny Act, shall be
obtained, liable on summary conviction to imprisonment for a term not
Cap. 44. exceeding six months.
(2) Where any person is charged with an offence under
subsection (1) of this section the Magistrate may in his discretion
abstain from trying the offence summarily and may commit the
offender for trial for an indictable offence.
(3) Any person having in his possession, or conveying in
any manner anything which may reasonably be suspected of
having been stolen or unlawfully obtained, and who shall not
give an account satisfactory to the Magistrate of how he came by
the same, shall be liable to a fine not exceeding twenty-four
dollars or to imprisonment for a term not exceeding three
months.
Taking horses, 45. Any person who takes or drives, or attempts to take
etc. or drive any horse, mule or ass from or out of any enclosure,
stable, pasture or other place for the purpose of using the same
without the consent of the owner or person entrusted with the
charge thereof, and without having any probable claim or pre-
tence of title thereto, shall be liable to a fine not exceeding four-
teen dollars and forty cents and the payment of such fine, or the
suffering of any imprisonment in default of such payment, shall
not affect the right of action of the party aggrieved.
Threats. 46. Any person who threatens or intimidates-
(a) any other person by reason of his being a witness,
or likely to be a witness in any proceeding; or
Small Charges.
(CAP. 77 655
(b) any other person in such a manner as would justify
a Magistrate on complaint made to him to bind over such
first mentioned person to keep the peace;
shall be liable to a fine not exceeding forty-eight dollars or to
imprisonment for a term not exceeding three months.
47. Any person who, being in the vicinity of or in any Throwing
missile in
public place unlawfully throws or discharges any missile to the thoroughfare.
damage or danger of any person or property, shall be liable to
a fine not exceeding ninety-six dollars, or to imprisonment for
a term not exceeding six months.
48. (1) Any person who sells, or causes or procures to be Trading on
sold, or exposes for sale or causes or procures to be exposed for Sundays, &c.
sale, any goods or articles whatsoever on any Sunday, Christmas
Day or Good Friday, shall in respect of each act of sale or
exposure for sale, be liable to a fine not exceeding twenty-four
dollars.
(2) There shall be excepted from the operation of this
section-
(i) The sale of any drugs or medicines;
(ii) The sale of ice;
(iii) The sale of groceries not later than nine o'clock in
the morning in shops the closing of which is not
controlled by a Shop Hours Order;
(iv) The sale of fresh fish, butcher's meat or fresh fruit,
not later than noon;
(v) The sale of bread or milk;
(vi) The sale of cooked food in hotels, inns or victuall-
ing houses;
(vii) The sale of petrol; and
(viii) The sale of any article required for the burial of
a dead body, or in the case of illness of any person
or animal, where the seller thereof has reasonable
grounds for believing the article to be required for
either of these purposes; the reasonableness where-
of is to be determined by the Magistrate before
whom the complaint is heard.
49. Any person who persists in coming or remaining on Trespass on
any plantation, lands or premises, after being warned not to and etc.
Small Charges.
656 CAP. 77)
come thereon, or to depart therefrom, shall be liable to a fine
not exceeding twenty-four dollars or to imprisonment for a term
not exceeding two months.
Vagrancy. 50. (1) Any person being able wholly or in part to main-
tain himself by work or by other means and wilfully refusing or
neglecting so to do, shall be deemed an idle and disorderly per-
son within the meaning of this Act, and shall be liable to im-
prisonment for a term not exceeding one month.
(2) Any person-
(a) wandering abroad and lodging in any barn or out-
house, or in any deserted or unoccupied building, or in the
open air or under a tent, or in any vehicle, or in any vessel,
boat, lighter or drogher, and not having any visible means
of subsistence, and not giving a good account of himself; or
(b) being found in or upon any dwelling house, office,
warehouse, coach house, stable or outhouse, or in any en-
closed yard, garden or area, or in any vessel, boat, lighter
or drogher, for any unlawful purpose;
shall be deemed to be a rogue and a vagabond within the mean-
ing of this Act, and shall be liable to imprisonment for a term
not exceeding three months.
a rgarsy 51. Any person-
tools or with (a) having in his custody or possession any pick-lock,
key, crow, jack, bit or other implement, with intent felon-
iously to break into any dwelling house, office, warehouse,
coach house, stable, outbuilding or other building; or
(b) being armed with any gun, pistol, hanger, cutlass,
bludgeon or other offensive weapon, or any other explosive
matter or thing with intent to commit any felonious act; or
(c) having upon him any instrument with intent to
commit any felonious act;
shall be deemed to be a rogue and a vagabond within the mean-
ing of this Act, and shall be liable to imprisonment for a term
not exceeding three months, and every such pick-lock, key, crow,
jack, bit or other implement and every such gun, pistol, hanger,
cutlass, bludgeon or other offensive weapon, and every such in-
strument, as aforesaid, shall, by the conviction of the offender,
become forfeited to Her Majesty.
Small Charges.
Small Charges.
52. (1) Any person apprehended as an idle and disorderly
person and violently resisting or assaulting any peace officer or
constable so apprehending him, and being subsequently convicted
of the offence for which he shall have been so apprehended, shall
be deemed a rogue and a vagabond within the meaning of this
Act, and shall be liable to imprisonment for a term not exceeding
three months.
(2) Any person apprehended as a rogue and a vagabond
and violently resisting any constable or other peace officer so
apprehending him, and being subsequently convicted of the
offence for which he shall have been so apprehended, shall be
deemed an incorrigible rogue within the meaning of this Act, and
shall be liable to imprisonment for a term not exceeding six
months.
53. Any person who uses violence to any person or prop-
erty shall be liable to a fine not exceeding forty-eight dollars or
to imprisonment for a term not exceeding three months.
54. Any person wounding any other person shall, if in
the opinion of the Magistrate, such wounding is not of a serious
nature, be liable to imprisonment for a term not exceeding six
months:
Provided that the Magistrate may, in his discretion abstain
from trying the case summarily, and may commit the offender
for trial for an indictable offence.
PART III.
PROCEDURE.
55. Any person accused of having committed any of the
offences in this Act set forth may, notwithstanding any other
law to the contrary, be prosecuted before a Magistrate in the
manner prescribed in the Magistrate's Code of Procedure Act,
and shall upon conviction be liable to the punishments respect-
ively prescribed in this Act, for such offences.
56. Every conviction of any offender as an idle and dis-
orderly person, or as a rogue and a vagabond, or as an incor-
rigible rogue under this Act, shall be in the form set out in the
Schedule or as near thereto as circumstances will permit.
Vagrants
assaulting or
resisting the
police.
Violence.
Wounding.
Offences
punishable on
summary
conviction.
Cap. 48.
Form of
conviction as
idle and dis-
orderly person,
etc.
Schedule.
(CAP. 77
658 CAP. 77)
Powers of 57. (1) It shall be lawful for every Magistrate by whom
Magistrate as
to property of any person shall be adjudged to be an idle and disorderly person
idle and dis- or a rogue and a vagabond or an incorrigible rogue, to order-
orderly person,
etc. (a) that such offender shall be searched; and
(b) that the trunks, boxes, bundles, parcels or packages
of such offender shall be inspected in the presence of the
Magistrate and of such offender; and
(c) that any part, car, caravan or vehicle which may
have been found in the possession or use of such offender,
shall be searched in the presence of such offender.
(2) It shall be lawful for every Magistrate by whom any
person shall be adjudged to be an idle and disorderly person or a
rogue and a vagabond or an incorrigible rogue, to order that
any money which may be found on or with such an offender,
shall be paid and applied for and toward the expense of appre-
hending, conveying to prison, and maintaining such offender
during the time for which he shall have been committed; and if
upon search, money sufficient for the purposes aforesaid be not
found, it shall be lawful for such Magistrate to order that a part,
or if necessary the whole of such other effects then found, shall
be sold, and that the produce of such sale shall be paid and
applied as aforesaid; and also that the overplus of such money
or effects after deducting the charges of such sale shall be
returned to such offender.
SCHEDULE. S.56.
FORM OF CONVICTION OF IDLE AND DISORDERLY
PERSON, ETC.
Be it remembered, that on the day of
19 in district
in the Colony of Antigua, A.B. is convicted before me the
undersigned Magistrate for district
of being an idle and disorderly person (or a rogue and vagabond,
or an incorrigible rogue) within the intent and meaning of the
Small Charges Act; that is to say, for that the said A.B. on
the day of at
in the said district (here state offence proved before Magistrate)
and for which said offence the said A.B. is ordered to be committed
to the prison at there to be kept (to
hard labour) for the space of
Given under my hand and seal, the day, year, and at the
place, first above written.
Magistrate.
Small Charges.
Small Tenements.
CHAPTER 78.
SMALL TENEMENTS.
13/1891
20/1954
S.R.O.22/1956
(1st March, 1892.)
1. This Act may be cited as the Small Tenements Act.
2. In this Act-
"land" includes houses, chattel or moveable houses, build-
ings and all other corporeal hereditaments, but does
not include a small holding within the meaning of the
Agricultural Small Holdings Act;
"landlord" includes the attorney or agent of any landlord
and also any person appointed to act on behalf of
the Crown in dealing with any lands, buildings or
corporeal or incorporeal hereditaments vested in the
Crown;
"rent" includes any part of any crop rendered or any equi-
valent given in kind or in labour in consideration of
which a landlord has permitted any person to use and
occupy any land, house or other corporeal heredita-
ment.
3. When and as soon as the term or interest of the tenant
of any land held by him at will or for any term not exceeding
seven years either without being liable to the payment of any
rent or at a rent not exceeding the rate of two hundred dollars
per annum shall have ended or shall have been duly determined
by a notice to quit as hereinafter prescribed or otherwise and
such tenant or (if such tenant does not actually occupy the
premises or only occupies a part thereof) any person by whom
the same or any part thereof are then actually occupied neglects
or refuses to quit and deliver up possession of the premises or
any part thereof respectively such tenant or person shall be
deemed to be a person holding over.
Short title.
Interpretation.
Cap. 90.
Tenant hold-
ing over.
(CAP. 78
Small Tenements.
Notice by
landlord
to tenant
holding over.
Person hold-
ing over and
neglecting to
give possession
may be sum-
moned.
Schedule.
Magistrate to
hear and
determine the
matter.
4. Where a person is holding over whose tenancy has
ended or been determined otherwise than by a notice to quit,
the landlord may cause a notice in writing to be served upon
such person as aforesaid calling upon him to quit and deliver
up possession of the premises held over by him within seven days
of the service of such notice as aforesaid.
5. Upon the expiration of the time limited in any notice
to quit as in the two last preceding sections mentioned if the
person holding over neglects or refuses to quit and deliver up
possession of the premises mentioned in such notice to quit as
aforesaid it shall be lawful for a Magistrate on the application
of the landlord to issue a summons in the form set forth in the
Schedule calling on the person holding over to appear on the
day fixed in the summons and show cause why possession
should not be given to the landlord under the provisions of
this Act.
6. (1) On the day of appearance as in the last preceding
section mentioned if the person holding over appears, or if he
does not appear, then on proof of the due service of the sum-
mons the landlord shall give evidence of the end or other
determination of the tenancy with the time and manner thereof
and of the holding over, and (where the title of the landlord
has accrued since the letting of the premises) of the right by
which he claims possession, and of the service of the notice to
quit, and it shall be lawful for the Magistrate to determine the
matter and, subject to the succeeding provisions of this section,
to give such judgment and make such orders therein under the
provisions of this Act as to him shall seem fit.
(2) Where the land to which the tenancy relates is subject
to the provisions of any Act or Ordinance restricting the rents
payable therefore and the recovery of the possession thereof, no
judgment or order shall be given or made under subsection (1)
unless the Magistrate is satisfied that power has been conferred
on him so to do under the provisions of any such law.
(3) Where a chattel or moveable house of a value of not
less than fifty dollars, which is not the property of the land-
lord, (hereinafter in this section referred to as "the premises")
has been placed by a tenant or his predecessor in title on the
land in respect of which possession is sought by the landlord and
such premises is used by the tenant as his dwelling, no judgment
CAP. 78)
(CAP. 78 661
or order shall be given or made under subsection (1) unless
the Magistrate is satisfied that-
(i) it is reasonable to give such judgment or make
such order having regard to all the circumstances
of the case; and
(ii) suitable alternative accommodation is available
for the tenant or will be available for him when
the judgment or order takes effect.
(4) For the purposes of subsection (3)-
(i) suitable alternative accommodation means accom-
modation which is reasonably suitable to the needs
of the tenant as regards rental and to the needs
of the tenant and his family as regards proximity
to place of work, as well as character and extent
in relation to its use as a dwelling for the tenant;
and
(ii) the onus of proof that a chattel or moveable house
is of a value less than fifty dollars shall be on the
landlord.
(5) Notwithstanding anything contained in subsections (3)
or (4) a judgment or order under subsection (1) may be given
or made by the Magistrate, where he considers it reasonable
so to do, without proof of suitable alternative accommodation
where-
(i) the tenant has, within twelve months of the filing
of the summons, been convicted of praedial lar-
ceny or of larceny of cattle or of having in his
possession or under his control praedial produce
which is reasonably suspected to have been stolen
or unlawfully obtained; or
(ii) the tenant has been convicted of using or allowing
the premises or any part thereof to be used for an
immoral or illegal purpose; or
(iii) the tenant has committed acts of waste or been
guilty of neglect or default whereby the premises
have been injuriously affected; or
(iv) the tenant or any person residing or lodging with
him or being his subtenant has been guilty of con-
duct which is a nuisance or annoyance to adjoin-
ing or adjacent occupiers of such premises.
Small Tenements.
Small Tenements.
Magistrate to
issue warrant
of possession.
Schedule.
Outgoing
tenant may
claim for
unexhausted
improvements.
Landlord may
claims for
mesne profits.
Limit of
Magistrate's
jurisdiction in
claims for
improvements,
arrears, or
mesne profits.
Warrant of
possession
may issue at
any time.
Magistrate
may appoint
person to value
improvements.
7. If the Magistrate gives judgment for the recovery
by the landlord of the possession of the land, he may forthwith
issue a warrant of possession set forth in the Schedule.
8. Where by the custom of the country or otherwise the
outgoing tenant is entitled to any compensation or allowance in
respect of any unexhausted improvements which he has made
on the subject matter of the tenancy, he may at any time make
any claim or cross claim before a Magistrate against the land-
lord in respect thereof; and the Magistrate may, if he thinks
it expedient, hear and determine any cross claim together with
any claim to recover possession of the subject matter in respect
of which the cross claim is made:
Provided that in the case of a cross claim, notice in writing
of the particulars of such cross claim shall be given to the land-
lord three clear days before the day fixed for the hearing of the
claim to recover possession:
Provided also that the Magistrate at the hearing shall have
power to enlarge the time for the delivery of such notice as
aforesaid, or for the hearing of the cross claim.
9. The 'landlord may either together with his claim to
recover possession of any premises, or in answer to any claim
or cross claim made in respect of any unexhausted improve-
ments as aforesaid claim to recover or to set off all arrears of
rent and also mesne profits accruing in respect of such premises
since the ending or determination of the tenancy.
10. No claim by the landlord against the tenant to
recover or to set off any arrears of rent and mesne profits under
section 9, and no claim or cross claim by the tenant against
the landlord for unexhausted improvements under section 8,
shall be entertained where such claim or cross claim exceeds
the sum of ninety-six dollars.
11. Where a landlord is entitled to possession of any
premises, the Magistrate may issue his warrant of possession
notwithstanding that the cross claim is undetermined or un-
satisfied.
12. It shall be lawful for a Magistrate from time to time
and at any time to appoint one or more persons to estimate the
value of any unexhausted improvements in respect of which a
CAP. 78)
Small Tenements.
(CAP. 78 663
claim or cross claim is made and to report in writing to the
Magistrate thereon; and also to make such order as he thinks
fit in respect of the expenses and remuneration of such persons.
13. Such report in writing purporting to be signed by the
person or persons appointed by the Magistrate in that behalf
shall be received in evidence in all Courts until it be shown that
such report was not so signed as aforesaid.
14. The officer to whom the warrant of possession is
directed shall with all convenient speed enter (by force if neces-
sary) into the premises described in the warrant and give posses-
sion of the same to the landlord and may if necessary by force
demolish or remove or demolish and remove any building on
such premises.
15. Any person who resists or molests or assaults such
officer as aforesaid when engaged in the execution of such
warrant as aforesaid or any estimator engaged in carrying out
an order of a Magistrate's Court shall be guilty of an offence
against this Act and shall be liable on summary conviction to be
imprisoned with or without hard labour for any period not ex-
ceeding six months or to pay a fine not exceeding ninety-six
dollars.
16. Any person who has been put out of possession under
a warrant of possession and unlawfully retakes possession of the
premises after possession has been given to the landlord shall
be guilty of an offence against this Act and shall be liable on
summary conviction to be imprisoned with or without hard
labour for any period not exceeding six months or to pay a fine
not exceeding ninety-six dollars.
17. Either party to any proceedings to recover possession
of any premises under this Act may appeal from the decision
of the Magistrate whatever may be the value of the subject
matter in dispute.
18. Service of any notice to quit or any summons or
other process may be effected either personally on the person
affected by the same or by leaving the same with some adult
person at his last or most usual place of abode, or if the person
to be served cannot be found, and the place of his abode either
is not known or admission thereto cannot be obtained then by
posting the same on some conspicuous place on the subject
matter of the claim.
Report of
valuers to be
evidence.
Officer execu-
ting warrant
of possession
to give posses-
sion to land-
lord.
Penalty for
resisting or
assaulting
officer.
Penalty on
person unlaw-
fully retaking
possession.
Appeal from
order of
possession.
Service of
documents.
~
664 CAP. 78)
Jurisdiction of 19. Except as hereinafter provided the jurisdiction of the
not ousted Magistrate shall not be ousted by the defendant bond fide setting
where question up the title of a third person, unless he holds under or claims
of title arises, through such third person.
No claim for 20. No person shall be entitled to make any claim for
improvements
made without any unexhausted improvements unless such improvements have
sanction of in all material particulars been made with the consent of the
landlord, landlord.
Essentials of 21. Every notice to quit served under the provisions of
notice to this Act shall be in writing and signed by the landlord or his
quit. agent or solicitor. It shall describe clearly the premises which
are sought to be recovered and the proper day on which posses-
sion is to be given and shall not be ambiguous or optional.
Length of 22. Where there is no agreement as to notice by deed
notice to or in writing between the parties the following provisions shall
quit in
certain cases, take effect-
(a) In the case of a monthly tenancy, or a tenancy,
for any shorter term than one month, a clear week's notice
shall be given;
(b) In the case of a quarterly tenancy or a tenancy
for any term shorter than three months and longer than
one month a clear month's notice shall be given;
(c) In the case of a half-yearly tenancy or a tenancy
for any term shorter than six months and longer than
three months a clear two months' notice shall be given;
(d) In the case of a yearly tenancy or any term shorter
than one year and longer than a half year a clear three
months' notice shall be given;
(e) In the case of any term longer than one year and
not longer than seven years a clear six months' notice
shall be given;
() In the case of any person being lawfully let into
possession of any land by any other person without any
period of tenancy whether limited or continuing being
agreed upon either expressly or impliedly, a clear three
months' notice shall be given;
(g) In the absence of any evidence to the contrary the
time when the rent is paid or rendered shall be deemed to
determine the nature of the tenancy as to whether it be
monthly, quarterly or otherwise.
Small Tenements.
(CAP. 78 665
23. It shall not be necessary that a notice to quit under
the last preceding section should expire at the end of the current
term of the tenancy but it may be given at any time: Provided
that it does not expire before the time when any crop growing
on the subject-matter of the tenancy would in the ordinary
course be taken gathered or reaped.
24. Where any person unlawfully obtains possession of
and remains in occupation of any lands the value of which does
not exceed two hundred dollars the person lawfully entitled to
the immediate possession of the same may recover possession
thereof under the provisions of this Act as though he were a
landlord and as though the person unlawfully occupying the
premises were a person holding over:
Provided that in such a case it shall not be necessary for the
person seeking to recover possession of the premises to serve
or prove the service of any notice to quit and such person shall
only be required to prove that he is entitled to the immediate
possession of the premises.
25. Any Judge of the Supreme Court upon application
made to him and on being satisfied that in any proceedings
commenced under this Act a bona fide question of tide is in-
volved may if he thinks it expedient order that the claim of
the plaintiff be heard and determined in the Court of Summary
Jurisdiction or in the Supreme Court and thereupon all pro-
ceedings under this Act shall be stayed and the plaintiff shall
be at liberty to prosecute his claim accordingly.
26. All proceedings under this Act whether civil or
criminal shall be taken and had in the manner and form pre-
scribed by the Magistrate's Code of Procedure Act, and all the
provisions of such last mentioned Act shall apply to all such
proceedings as aforesaid except so far as they are repugnant to
the provisions of this Act.
27. The forms set forth in the Schedule hereto may be
used in proceedings under this Act and shall be valid and
effectual therein.
28. The Administrator in Council may add to, amend
and cancel the forms set forth in the Schedule and may direct
what fees are to be taken in respect of any proceedings under
this Act.
Notice to
quit may be
given at any
time
Ejectment in
case of tres-
passers.
Power to stay
proceedings
where ques-
tion of title
involved.
Procedure.
Cap. 48.
Forms.
Administrator
in Council
may alter
forms and
prescribe fees
Small Tenements.
666 CAP. 78) Small Tenements.
SCHEDULE.
FORM OF NOTICE TO QUIT UNDER SECTION 3.
To C.D.
Sir,
I hereby (as Agent or Solicitor for X.Y. your landlord
and on his behalf) give you notice to quit and deliver up possession
of the land (or house as the case may be) and premises with the
appurtenances situate at in the parish of
in the Colony, which you hold
of him (or which E.F. holds of him) as tenant thereof (by a lease
or agreement in writing bearing date the day of
,19 ) and which are now in your posses-
sion on the day of 19
Yours &c.
A.B. (Agent or Solicitor of the above-named X.Y.)
Dated the day of 19
FORM OF NOTICE TO QUIT UNDER SECTION 4.
To C.D.
Sir,
I hereby (as Agent or Solicitor for X.Y. and on his behalf)
give you notice to quit and deliver up possession of the land (or
house as the case may be) and premises with the appurtenances
situate at in the parish of
in the Colony, and now in your possession within seven days from
the day on which this notice is served upon you.
Yours &c.
A.B. (Agent or Solicitor for the above-named X.Y.)
Dated the day of 19
FORM OF SUMMONS UNDER SECTION 5.
In the Magistrate's Court (Civil Side)
District
No. of 19
Between A.B. of
Plaintiff
-and
I C.D. of
Defendant
(CAP. 78 667
To C.D. of
You are hereby summoned to appear at the Magistrate's
Court, District at in this Colony, at
o'clock in the forenoon and to show cause why an order should
not be made against you according to the prayer of the plaintiff
as set forth in the particulars of claim annexed hereto.
And take notice that if you fail to attend at the time and
place aforesaid or at any adjourned hearing of this suit, the Court
may give leave to the plaintiff to proceed ex parte to judgment
and execution and may order that possession of the said premises
he given by you to the plaintiff forthwith, and that if such order
be not obeyed a warrant may issue to give possession to the plaintiff.
Signed
Magistrate for District
Given under my hand
this day of ,19
PARTICULARS OF CLAIM.
The plaintiff claims :-
(1) To recover possession of (describe the premises),
(2) and $ for arrears of rent,
(3) and $ for mesne profits.
ENDORSEMENT ON WRIT.
The within writ was served on the within named defendant
at by delivering a true copy thereof (or describe
other mode of service) on the day of
,19
G.H.
Bailiff.
ORDER FOR RECOVERY OF LAND UNDER SECTION 6.
In the Magistrate's Court (Civil Side)
District
Between A.B. of
Plaintiff
and
C.D. of
Defendant
Small Tenements.
668 CAP. 78) Small Tenements.
Upon the hearing of this cause a Court holden this day doth
order that the defendant do give to the plaintiff possession of a
certain piece of land (or as the case may be) situate at
in the parish of in the Colony,
forthwith (or on the day of 19 )
and doth adjudge that the plaintiff do recover against the defendant
the sum of $ for rent (or, for mesne profits,
or, for rent and mesne profits) and costs.
Given under my hand [
this day of 19 J .
Signed
Magistrate for District
To
To THE DEFENDANT.
Take notice that if you do not give such possession a warrant
may issue requiring the bailiff of the Court to give possession of
the said premises to the plaintiff and to levy the sum above men-
tioned together with further costs.
FORM OF WARRANT OF POSSESSION UNDER SECTION 7.
In the Magistrate's Court (Civil Side)
District
Between A.B. of Plaintiff
and
C.D. of Defendant
To the Bailiff of the Magistrate's Court District
Whereas at a Court holden on the day of
,19 it was ordered that the defendant
should give to the plaintiff possession of a certain (as in summons)
situate at in the Parish of
in the Colony.
And whereas the defendant has not obeyed the said order:
These are therefore to authorize and require you forthwith between
the hours of 9 a.m. and 5 p.m. to enter (by force if needful) the
said hereinbefore mentioned premises and to eject therefrom any
person and of the said premises to give full and peaceable possession
to the plaintiff.
Given under my hand this day of 19
Signed
Magistrate for District
Small Tenements. (CAP. 78 669
FORM OF APPOINTMENT OF ESTIMATORS UNDER SECTION 12.
In the Magistrate's Court (Civil Side)
District
Between A.B. of Plaii
C.D. of
ntiff
Defendant
Upon hearing the plaintiff and the defendant herein it is
ordered that E.F. of (or E.F. of
and G.H. of ) do enter upon
the premises at in the parish of
in this Colony lately in the occupation of
the plaintiff and do estimate the present value of (here set out
and describe sufficiently for identification the things claimed by
the plaintiff as improvements) and do report to the Court in
writing thereon on or before the day of ,
19 And it is further ordered that the plaintiff (or the
defendant or the plaintiff and the defendant or as the case may
be) do pay to the said E.F. and G.H. (here set out the terms
of remuneration to be made to the estimators.)
Given under my hand
this day of
19 }
Signed
Magistrate for District
FORM OF REPORT OF ESTIMATORS UNDER SECTIONS 12 & 13.
In the Magistrate's Court (Civil Side)
District
Between A.B. of
C.D. of
We E.F. of
Defendant
and G.H. of
the estimators appointed herein under an
order dated the day of
having viewed the premises mentioned in the order
do appraise and value the same at the sum of $
hereinafter detailed, viz:-
(Here set forth the particulars of the valuation)
As witness our hands
This
day of
Signed
19
aforesaid
as
19
E..
G.H.
Plaintiff
Small Tenements.
(CAP. 78
669
Small Trespass.
CHAPTER 79.
SMALL TRESPASS.
(1st March, 1892.)
1. This Act may be cited as the Small Trespass Act.
2. In this Act-
"animal" means any camel, horse, mule, ass, ox, sheep,
goat or swine and includes feathered stock.
"feathered stock" means fowls, turkeys, peafowls, ducks,
geese and guinea birds.
3. Nothing in this Act shall give jurisdiction to any Magi-
strate to decide any matter where a bond fide question of title
to land or of a right of way or other easement is involved and
when a Magistrate trying a case under this Act is satisfied
that such question as aforesaid is involved he shall abstain from
giving any decision thereon and may either dismiss the case or
adjourn it until such question as aforesaid has been decided by a
competent Court according as to him may seem just.
4. (1) A Magistrate shall have jurisdiction to try and
determine civil claims in respect of the following matters-
(a) Where any personal property the value of which
does not exceed one hundred dollars is unlawfully detained
by any person;
(b) Where any person commits a trespass to land:
(c) Where any animal causes any damage by trespass-
ing on any land and the amount of damage alleged to have
been done does not exceed one hundred dollars.
12/1891
23/1932
S.R.O.22/1956
17/1961
Short title.
Interpretation.
Magistrates'
jurisdiction
ousted when
question of
title involved.
Magistrates to
have civil
jurisdiction in
certain cases
of trespass.
(2) Except as in this section otherwise provided the provi-
sions of the Magistrate's Code of Procedure Act relating to civil Cap. 48.
proceedings shall apply to all matters brought before a Magi-
strate under this section: Provided that any judgment or order
(CAP. 79
672 CAP. 79) Small Trespass.
given or made in any such civil claim as aforesaid shall be en-
forced in the manner provided by the said Act for the enforcing
of the payment of a fine or of an order made on complaint.
Magistrate 5 Where any personal property as aforesaid is detained
may order
restitution of as aforesaid the Magistrate may order the restoration of the same
property to the person having the right to the possession of the same or
wrongfully
detained or he may give judgment for the value of the same to an amount
its value not exceeding one hundred dollars.
up to $100.
Trespass to 6. Where any person has committed a trespass to land
a the Magistrate may give judgment in respect of such trespass
for an amount by way of damages not exceeding one hundred
dollars.
Trespass to 7. Where any animal causes any damage by trespassing
land by
animals, on any land the Magistrate may give judgment in respect of
such trespass for an amount not exceeding one hundred dollars.
Common law 8. All trespasses to personal property or to land except
of England to
apply, where otherwise provided by this Act or any other Act or
Ordinance shall be governed by the common law of England.
Summary Jurisdiction.
(CAP. 80 873
CHAPTER 80.
SUMMARY JURISDICTION.
(3rd July, 1874.)
1. This Act may be cited as the Summary Jurisdiction
2. In this Act-
"Bailiff" means the Provost-Marshal, or the officer
appointed by him to execute the process of the Court;
"Clerk" means the Registrar of the Supreme Court;
"Court" or "Summary Court" means the Court of Sum-
mary Jurisdiction established by this Act;
"decision" includes every order, or other determination of
a case;
"Judge" means the presiding Judge for the time being;
"judgment," and "decree," and "action," and "suit,"
shall respectively be deemed synonymous terms;
"judgment creditor" means any person to whom any money
is, for the time being, payable under any decree, or
order, of the Court;
"judgment debtor" means any person by whom any money
is, for the time being, payable under any decree, or
order, of the Court.
PART I.
THE COURT-JUDGES, OFFICERS AND SEAL.
4/1874
4/1930
25/1932
5/1933
14/1933
19/1939
5/1943
3/1948
2/1955
S.R.O. 22/1956
39/1956
9/1961
18/1961
Short title.
Interpretation.
3. A Court, to be called "The Court of Summary Juris- Establishment
diction," is hereby established, which shall be a Court of Record of the court.
with such jurisdiction as is hereinafter defined.
674 CAP. 80)
Judges. 4. The Judges, for the time being, of the Supreme Court
shall be Judges of the Court of Summary Jurisdiction, and shall
transact the business thereof without additional salary.
Officers. 5. The Officers of the Supreme Court for the time being
shall be the officers of the Court of Summary Jurisdiction, and
shall transact therein, without additional salary, such duties
as the Court shall prescribe.
Seal. 6. The Court shall have and use, as occasion may re-
quire, a seal bearing the inscription "Court of Summary Juris-
diction, Antigua", and all writs and other process of the Court
shall be sealed and stamped therewith:
Provided that until such a seal is available a stamp bearing
the words "Court of Summary Jurisdiction, Antigua", and
countersigned by the Clerk may be used instead of such a seal.
PART II.
JURISDICTION.
General 7. The Court shall be held before one Judge, who shall
jurisdiction have full power and authority to hear and determine in a
summary way, and without the intervention of a jury, all dis-
putes and differences between party and party touching any
matter of debt, breach of covenant or contract or promise, injury
to the person, or other matter, provided the debt or damages
or balance sought to be recovered shall not exceed seven
hundred and twenty dollars:
Provided that the Court shall not have any jurisdiction
over the following suits, that is to say-
(a) Suits for malicious prosecution, false imprison-
ment, libel, slander, seduction, or breach of promise of
marriage.
(b) Suits which are within the civil jurisdiction vested
in Magistrates under any Act or Ordinance for the time
being in force within the Colony.
Trespass and 8. The Court shall have full power and jurisdiction to
title to
lando hear and adjudicate, without a jury, actions of trespass and
title to land, wherein the damages or property claimed shall
not exceed seven hundred and twenty dollars: Provided that,
Summary Jurisdiction.
(CAP. 80 675
in case the defendant disputes the value of the property in
question, the Judge may, before entering into the case, enquire
into and fix the value thereof, and such valuation shall be con-
clusive for the purpose of deciding whether the Judge has juris-
diction.
9. In all cases the Court shall have jurisdiction in equity, Jurisdiction in
and, where there is conflict between Law and equity, the rules equity.
of equity shall prevail, and govern the proceedings in the Court.
10. (1) Where the Court is of the opinion that, for the Power of
Court to
purpose of avoiding or preventing a trespass, or for ascertaining order
whether a trespass has been committed, or the extent of any tres- survey of
disputed
pass or for the proper determination of the issues in dispute before boundary.
it, or for any other reason, it is necessary or expedient that the
position of any boundary or the point of commencement of any
boundary or of any point on any boundary should be ascertained
and reproduced on a plan, the Court may, if it thinks fit, order
the boundary or any points therein which may be in dispute to be
ascertained by a land surveyor and reproduced on a plan for the
information of the Court, and may give such directions as it may
deem necessary, for the effective execution of its order.
(2) The expenses of the survey shall form part of the costs
of the action and shall be divided equally between the parties
to the action each of whom shall deposit with the Clerk his
proportionate share of the said expenses before the survey is
commenced.
(3) After the plan has been prepared it shall be lodged with
the Clerk and the parties to the action shall be entitled to cross-
examine the surveyor thereon.
(4) The expenses of the survey shall be deposited by the
parties with the Clerk within thirty days from the date of the
order of the Court and if the plaintiff shall fail or refuse to
deposit his share of the expenses within the prescribed period,
the action shall be dismissed provided however that the Court
may on application by the plaintiff and on payment by him
of his share of the expenses within twenty-one days after the
action was dismissed restore the same to the list for hearing on
such terms as to costs or otherwise as it may deem just and
equitable.
Summary Jurisdiction.
676 CAP. 80)
Summary Jurisdiction.
Transfer of
suit to
Supreme
Court.
Penalty for
instituting
suits un-
necessarily in
Supreme
Court.
General sittings.
of the Court.
Special sit-
tings.
(5) Where the defendant shall make default in depositing
his share of the expenses within the prescribed time, and the
plaintiff is willing to pay the expenses himself, the Court may,
after giving notice to the defendant, permit the plaintiff to
deposit the whole of the expenses of the survey with the Clerk,
and if the defendant is successful in the action he shall not be
entitled to the costs thereof.
11. If the Court, on any special grounds, shall be of
opinion that any suit instituted in the Court, although within
the jurisdiction conferred thereon by this Act, ought to be tried
in the Supreme Court, it shall be lawful for the Court to order
that the suit be transferred to the Supreme Court; and there-
upon the Clerk shall annex to the writ of summons an office
copy of such order, and shall transmit the same, together with
any documents filed in the cause, to the Supreme Court; and the
plaintiff shall, within fifteen days from the date of such order,
file his plaint in the Supreme Court, and the case shall proceed
as if the same had originated there. The costs of the proceedings
in the Court below shall be costs in the cause.
12. In all suits instituted in the Supreme Court, if the
sum recovered shall not exceed seven hundred and twenty
dollars, and the subject matter of the suit is within the juris-
diction of the Court established by this Act, the plaintiff shall
pay the entire costs of the suit, unless the presiding Judge shall
certify that the suit was a fit and proper one to be instituted
in the Supreme Court, or unless the same was so instituted
under the last preceding section: Provided that this section shall
not apply to suits for unliquidated damages unless the amount
recovered shall not exceed forty-eight dollars.
13. The Court shall hold sittings in Antigua at the
Court House in the City of Saint John on the first day of every
month of the year:
Provided that in case any of such days should fall on a
Sunday or on any public holiday the sitting of the Court shall
be held upon the next following day which is not a Sunday
or public holiday.
14. A Judge may, at any time, appoint special sittings
of the Court for the hearing and determination of any cause,
action, or suit, whenever circumstances render it, in his opinion,
Summary Jurisdiction (CAP. 80 677
expedient so to do, at least three days' notice thereof being given
by affixing such notice outside the Court House at the place
where such special sitting is to be held, and upon similar notice
being given to the plaintiff and defendant by the Clerk.
PART IV.
CLERK OF THE COURT.
15. The Clerk shall have power to administer oaths, and Clerk may
administer
take solemn declarations or affirmations in lieu of oaths. oaths, &c.
16. The Clerk shall be the Taxing Master, and shall Taxing of
costs by
tax all bills of costs in accordance with the scale of fees for the Clerk.
time being in force, subject to a review of such taxation on
summary application to a Judge in Chambers.
17. The Clerk shall have power- Powers vested
in Clerk.
(1) To open, adjourn and close the Court: Provided that,
in the event of the Clerk closing the Court, all pending undis-
posed of matters shall stand over to the next general, or special,
sitting of the Court in the same place;
(2) To hear, determine and order judgment in all undis-
puted cases of contract within the jurisdiction of the Court,
and also, in the same matters, to hear, determine and give judg-
ment, in default of appearance on either side: Provided that it
shall not be obligatory on the Clerk to hear, determine, or give
judgment in any case, in which event such case shall stand over
for the hearing and decision of a Judge;
(3) In al cases where he shall, under the powers con-
ferred by the last preceding subsection, order judgment, to
exercise the powers conferred on a Judge by section 41; and
(4) To issue summonses, and to hear and dispose in
Chambers of all such unopposed applications arising in any
suit, either before or after judgment, as may be brought before
him: Provided that it shall not be obligatory on him to act
under this subsection, and that he may refer any such applica-
tion brought before him to a Judge for his decision: And
provided further that the Clerk shall not be empowered to
hear or determine any judgment debtor, garnishee or inter-
pleader summons.
678 CAP. 80)
PART V.
PROCEDURE AND PRACTICE.
Institution of 18. All suits under this Act shall be numbered consecu-
its. tively in each year, and shall be commenced by a writ of sum-
Schedule. mons in the form contained in the Schedule or as near thereto
as circumstances permit, and the said writ shall be filled up
with the particulars in the said form prescribed, and shall be
served within the Colony, at least six days before the day on
which the defendant is required to appear and, in default of
such service within the time specified, the suit shall not abate,
but such service shall be good for the next sitting of the Court.
Service of 19. The service of writs, orders, and other documents
process.
shall be effected by the Bailiff, or other proper officer in the
Colony, by delivering a copy of the documents to be served to
the defendant, or other person to be served, or to his attorney
on record, or by leaving the same, at the usual or last known
place of abode or business of the defendant, or other party to
be served, with a proper person for the delivery thereof to such
party. In cases where service cannot be effected in manner as
aforesaid, and in cases where the service is to be effected in any
place without the Colony the Clerk may direct such service to
be effected in such manner as to him shall seem meet. The
original writ, order or other document shall, when the service
thereof has been effected within the Colony, be returned forth-
with into Court, but when effected without the Colony, then
the document shall be returned at any such time as the Clerk
may specially direct, with an endorsement thereon, in all cases,
of the place, time and mode of service.
Summary 20. It shall not be necessary for the defendant to enter
hearing.
an appearance to the said writ, but, after service thereof, the
suit shall be heard and determined in a summary way without
written pleadings: Provided that the Judge may order the
plaintiff to furnish further or better particulars of his claim,
or to file, within such time as he shall direct, a written state-
ment thereof, and may likewise order the defendant, within
such time as aforesaid, to file a written answer to such statement.
Summary Jurisdiction.
Summary Jurisdiction.
21. Except by consent, or by leave of the Court, it shall
not be competent to the defendant to enter into any special
defence such as "set off," legalityit" "want of consideration,"
or "the limitation of the suit," unless at least twenty-four hours
written notice thereof has been first given to the plaintiff or his
solicitor, and, in case of set off pleaded, the defendant shall
serve the plaintiff with a copy of the account or contra demand
intended to be set off, and no evidence shall be allowed in proof
of any demand or item not embraced in such set off.
22. If the plaintiff shall fail to appear at the hearing
of the suit, the Court may, in its discretion, either enter up
judgment of nonsuit or adjourn the hearing. If the defendant
shall fail to appear, and it shall be proved to the satisfaction of
the Court that the writ was duly served, the Court may proceed
to hear and determine the case ex part, or may adjourn the
same; and, in case judgment shall be given for the plaintiff in
the absence of the defendant, the Court may, on his application,
if it shall think fit, upon being satisfied that there was, and still
is, a defence to the action on the merits, and that there has
been no delay, on the part of the defendant, in making such
application, set aside the judgment and rehear the case.
23. No suit, or proceeding therein, shall be treated or
considered as invalid or subject to be set aside on account of any
verbal or technical error; but al errors and mistakes may in all
cases be amended or altered by the Court in its discretion; and,
unless the Court shall otherwise direct, all applications to the
Court or in Chambers, which may be necessary in the course
of any suit, may be made verbally and without any preliminary
formality.
24. Any executor or administrator may sue or be sued
in the Court, and judgment and execution shall be such as, in
the like case, would be given or issued in the Supreme Court;
and any person, under the age of twenty-one years, may sue for
wages, or work as a servant in the same manner as if he were
of full age.
25. No cause of action, which shall exist at any one time,
amounting in the whole to a sum exceeding seven hundred and
twenty dollars as aforesaid, shall be split or divided so as to be
made the ground of two or more different actions, in order to
bring such cases within the jurisdiction of the Court; but, if the
Notice of
hearing and
special
defence.
Non-appear-
ance of
plaintiff or
defendant.
Proceedings
not to be set
aside for want
of form.
Executors,
minors, &c.,
may sue or be
sued.
Claim not to
be split, but
excess may be
abandoned.
(CAP. 80
679
680 CAP. 80)
Court shall find that the plaintiff in any case shall have split
his cause of action as aforesaid, the Court shall dismiss the said
action, without prejudice, however, to the plaintiff's right to
sue upon the cause of action in such other manner as he may
be advised: Provided that, if such plaintiff shall be satisfied to
recover a sum not exceeding seven hundred and twenty dollars,
then the Court shall and may entertain the action of such plain-
tiff, and, in case any order shall be made in favour of such
plaintiff, the same shall be expressed to be, and shall be, in full
discharge of the whole cause of action.
Set off and 26. (1) Mutual debts and liquidated demands may be
cross-suit.
set off against each other; and, where a defendant raises a
defence by way of set off, which in the opinion of the Court, is
not admissible as set off, the Court may, either before or at the
hearing, on his application, give him liberty to withdraw such
defence and to bring a cross-suit, and may make such order for
the hearing of the suit and cross-suit, together or otherwise,
on such terms, as to costs and other matters, as seem just.
(2) Where in any action a set off or counter claim is estab-
lished as a defence against the plaintiff's claim, the Court may,
if the balance is in favour of the defendant, give judgment for
the defendant for such balance, or may otherwise adjudge to the
defendant such relief as he may be entitled to upon the merits
of the case.
Specific 27. The Court shall have power, if it sees fit to do so,
delivery of
chattels. upon the application of the plaintiff in an action for detention
of any chattel, to order the return of the chattel detained without
giving the defendant the option of paying the value assessed or
otherwise agreed upon; and, in case the defendant shall refuse
to comply with such order, the Court may order him to be im-
prisoned for any term, not exceeding three months, and execu-
tion to issue against his goods and chattels for the amount of
such assessed or agreed value as aforesaid, and for the costs
recovered.
Reference in 28. Whenever any action or proceeding before the Court
matters of
account. shall involve, or consist wholly or partly of, matters of account
which cannot be conveniently investigated in the ordinary way,
the Judge may, with the consent of both parties, refer such
matter of account to any competent person for a report there-
on, and may, from time to time, remit such report to the referee
Summary Jurisdiction.
Summary Jurisdiction.
for reconsideration, and may determine the action or proceeding
before the Court in accordance with such report or not, as he
shall think fit. The Judge may award any sum which he shall
deem just and sufficient, under the circumstances by way of
remuneration to the referee, and such sum shall be costs in the
cause, and shall be paid by such party, and at such times, as
the Court shall order, and the payment thereof may be enforced
in the same manner as the payment of costs.
29. Where, in any suit whatever, the defendant claims
no interest in the money claimed or other subject matter thereof,
but the right thereto is claimed by, or supposed to belong to, a
third party, and the defendant is ready to pay the money claimed
into Court, or dispose of the subject matter of the suit as the
Court shall order, it shall be lawful for the Court, on the appli-
cation of the defendant, and on being satisfied that there is no
collusion between him and such third party, to order such third
party to appear before the Court to state the nature of his claim,
and to maintain or relinquish the same, and, if he maintain it,
the Court may order him to be made a defendant in the suit in
lieu of, or in addition to, the original defendant, and may dis-
pose of the question in a summary manner.
30. The Court may, in any proceeding, order either
party or any witness to produce before it any books, papers,
and documents in his possession, custody or control, the produc-
tion of which shall appear necessary for the proper determination
of the matter in dispute.
31. The Court, if it shall, in its discretion, think fit, may
permit either party to use his books of account as evidence in
support of his claim or defence, and may also take and admit
evidence by affidavit, whenever a special ground for receiving
the same shall be shown, to the satisfaction of the Court, by
the party tendering it.
32. The Court may, in any cause or matter, where it
shall appear necessary for the purpose of justice, make any
order for the examination upon oath before any officer of the
Court, or any other person or persons, and at any place, of any
witness or person, and may order any deposition so taken to be
filed in the Court, and may empower any party to any such
cause or matter to give such deposition in evidence therein on
such terms, if any, as the Court may direct.
Relief from
adverse claims
Production of
documents.
Evidence,
books of
account,
affidavits.
Examination
of witnesses
out of Court.
(CAP. 80
Summary Jurisdiction.
Security for 33. The Court may, if in any case it deems fit, require
costs. a plaintiff who may be out of the Colony, either at the com-
mencement of any suit, or at any time during the progress there-
of, to give security for costs to the satisfaction of the Court, by
deposit or otherwise; and may stay proceedings until such
security be given.
Attachment of
goods before
judgment.
Compensation
for needless
attachment.
Arbitration.
34. If it shall be shown to the satisfaction of the Court
that the defendant, with intent to obstruct or delay the execu-
tion of any judgment which may be passed against him, is about
to remove any of his goods, chattels, or effects out of the
Colony, it shall be lawful for the Court, in its discretion,
on the application of the plaintiff, to order that the goods,
chattels, and effects of the defendant, or any part thereof,
be forthwith attached and taken into the hands of the
Bailiff as a pledge or surety to answer the just demands of the
plaintiff, until the trial of such suit and judgment, thereon:
Provided that the Court may at any time, upon reasonable
cause being shown, and upon such terms, if any, as to security
or otherwise as may seem just, remove the said attachment and
order the property seized to 'be returned.
35. If it shall appear to the Court that the attachment of
the property of the defendant was applied for on insufficient
grounds, or if the suit of the plaintiff is dismissed, or judgment
is given against him by default, or otherwise, and it shall appear
to the Court that there was no probable ground for instituting
the suit, the Court may, on the application of the defendant,
award against the plaintiff such amount, not exceeding the sum
of seven hundred and twenty dollars, as it may deem a reason-
able compensation to the defendant for the expense or injury
occasioned to him by the attachment of his property: Provided
that the Court shall not award a larger amount of compensation
under this section than it is competent to such Court to decree
in an action for damages. An award of compensation under
this section shall bar any suit for damages in respect of such
attachment.
36. The Court may, in any cause, with the consent of
both parties to the action, order the same, with or without other
matters within the jurisdiction of the Court in dispute between
such parties, to be referred to arbitration to such person or
persons, and in such manner, and on such terms, as it shall think
reasonable and just; and such reference shall not be revocable
CAP. 80)
(CAP. 80 683
by either party, except with the consent of the Court; and the
award of the arbitrator, or arbitrators, or umpire, shall be
entered as the judgment in the cause, and shall be as binding
and effectual, to all intents and purposes, as if given by the
Court: Provided that the Court may, if it shall think fit, on
application to it at the first Court held at the expiration of one
week after the entry of such award, set aside any such award
so given as aforesaid, or may, with the consent of both parties,
revoke the reference, or order another reference to be made in
the manner aforesaid; and the said arbitrator, arbitrators, or
umpire is and are hereby empowered to administer an oath to
all such witnesses as may appear, or be called before him or
them.
37. The Judge shall have power to nonsuit the plaintiff Nonsuit.
in every case in which satisfactory proof shall not be given to
him entitling either the plaintiff or the defendant to the judg-
ment of the Court.
38. The Judge shall have power, if he shall think fit, to New trial.
order a new trial to be had, upon such terms as he shall think
reasonable, and, in the meantime, to stay the proceedings.
39. In all matters of procedure or evidence, not provided Supreme
Court Act
for by this Act, the provisions of the Supreme Court Act, shall applicable in
apply to causes and proceedings in the Court in the same and cases not
provided for.
the like manner as such provisions apply to causes and pro- Cap. 81.
ceedings in the Supreme Court, and shall in al respects govern
the same.
PART VI.
DECREES AND ORDERS.
40. Every decree or order of the Court shall be entered Entry of
up in a minute book by the Clerk, and such entry or minute Judgment
shall have the full force and effect of a formal decree or order, Formal decree.
but the Court may direct a formal decree or order to be drawn
up on the application of either party.
41. The Court may order that money to be paid may Payment by
be paid by instalments, with or without interest.
Summary Jurisdiction.
CAP. 80)
Summary Jurisdiction.
Enforcement
of decree for
payment of
money.
Schedule.
Judgment by
confession or
consent of
parties.
42. In each and every case when the Judge shall have
made any decree, or order, for the payment of money, the party
prosecuting such decree, or order, shall apply to the Olerk for
the issue of a writ, or writs, of execution directed to the Bailiff,
who is hereby authorized and empowered to levy the amount
thereof of the goods, chattels, and effects of the judgment debtor.
Such writ, or writs, may be in the form contained in the
Schedule.
43. (1) Judgment by confession, or by consent of parties,
may be entered at any time, and in every such case, a memo-
randum of such confession or consent, and of the particulars
of the judgment to be entered, shall be signed by the parties,
or their solicitors, in the presence of the Clerk and filed in Court.
(2) When judgment by confession, or by consent of parties,
is entered under this section, the plaintiff shall recover his costs
of suit according to the scale of fees fixed by this Act, unless
otherwise agreed between the parties.
44. Where a decree, or order, directs payment of money
by instalments, execution shall not issue, until after default in
payment of some instalment; and execution, or successive execu-
tions, may then issue for the whole of the money and costs then
remaining unpaid, or such portion thereof as the Court may
order, either in the original decree, or order, or at any subse-
quent time.
45. A writ of execution shall be executed after sunrise
and before sunset, and in the following manner, that is to say:
The Bailiff shall, in the first instance, if practicable, seize, take
and levy upon the goods and chattels of the judgment debtor
(except his wearing apparel and bedding, and that of his family,
and the tools and implements of his trade to the value of twenty-
four dollars) and shall also seize and take any money or bank
notes, and any cheques, bills of exchange, promissory notes,
bonds, specialties, or guarantees for money, belonging to the
judgment debtor, and shall hold the same as a security for the
amount directed to be levied by such execution, or so much
thereof as shall not have been otherwise levied or raised for the
benefit of the judgment creditor; and the judgment creditor
may sue in the name of the judgment debtor, or in the name of
any person in whose name the judgment debtor might have sued,
for the recovery of the sum or sums secured or made payable
thereby, when the time of payment thereof shall have arrived.
Where decree
for payment
by instal-
ments.
Mode of
execution.
(CAP. 80 685
46. The Bailiff shall forthwith return the writ into Court Return of
with an endorsement thereon setting forth the place, time, and rit.
mode of execution thereof.
47. The Court shall, in every case, have power by special Mode of sale.
order, to regulate the sale of any property taken in execution
under a decree or order of the Court.
48. Where a judgment remains wholly or in part un- Judgment
debtor sum-
satisfied (whether a writ of execution has issued or not), the on sum
judgment creditor may apply to the Court for a summons,
requiring the judgment debtor to appear and be examined
respecting his ability to make the payment directed, and the
Court shall, unless it sees good reason to the contrary, issue
such summons. On the appearance of the judgment debtor, he
may be examined on oath by, or on behalf of, the judgment
creditor, and by the Court, respecting his ability to pay the
money directed to be paid, and for the discovery of property
applicable to such payment, and as to the disposal which he
may have made of any property. Whether the judgment debtor
appear or not, the judgment creditor and all other witnesses
whom the Court thinks requisite, may be examined on oath,
or otherwise, respecting the matters aforesaid. The Court may,
upon such investigation as aforesaid, make any interim order
for the protection of any property applicable, or available, in
discharge of the judgment, as it shall think expedient and may
exercise all and any of the powers conferred on the Supreme
Court by section 4 of the Debtors Act. Cap. 25.
49. Any judgment creditor may sue out a summons Garnishee
calling upon any person indebted to, or having in his hands summons.
money belonging to, any judgment debtor, hereinafter called
a garnishee, to show cause why he should not pay over such
debt or money to the Bailiff, in satisfaction of the judgment
debt, and, upon failure to show sufficient cause, the Court may,
by order, compel the garnishee to pay over such debt or money,
at such times, and in such manner, as shaH seem meet, by attach-
ment, or by directing execution to issue in manner herein
provided. The service of such summons shall bind such debt in
the hands of the garnishee.
50. All moneys payable under a judgment levied by Moneys levied
to be paid
execution, or otherwise, under the process of the Court, shall into Court.
be paid into Court, unless the Court shall otherwise direct.
Summary Jurisdiction.
686 CAP. 80) Summary Jurisdiction.
PART VII.
INTERPLEADER.
Interpleader 51. Where any property of any kind shall be seized or
summo. taken into execution, or attached or taken into the hands of the
Bailiff, under any decree or order in any suit or proceeding
under this Act, which is claimed by any person not a party to
the suit, such claim shall be determined by the Court in a sum-
mary way, upon a summons to be taken out by such claimant
against the party prosecuting the decree or order.
PART VIII.
MISCELLANEOUS.
nature of 52. The signature of the Judge shall not be required to
pensed with. any writ or other document issuing from the Court, if it pur-
port to be signed by the Clerk, by order of the Judge, and is
stamped with the seal of the Court.
Power of 53. Any act, matter or thing by this Act authorized to
sChabers. be done by the Court, except the trial of a suit or action, may
be done by any Judge thereof sitting in Chambers.
Rules of Court 54. Rules of Court to regulate-
(a) The practice, procedure and forms to be used
under this Act; and
(b) The costs of proceedings under this Act, including
the costs of barristers and solicitors and the allowance to
witnesses,
may be made in the same manner and subject to the same con-
ditions as rules of the Supreme Court.
Saving of 55. Notwithstanding the provisions of section 54, the
Rules. rules of Court in force immediately before the passing of the
above-mentioned section are hereby declared to be in force with
retrospective effect as from the passing of such section, and shall
continue in force until revoked by subsequent rules of Court.
Summary Jurisdiction. (CAP. 80 687
56. Subject to any such rules as aforesaid, the forms con- Forms.
trained in the Schedule with such variations and additions as schedule.
circumstances require, may be used for the purpose of carrying
out the provisions of this Act, and shall, as regards the form
thereof, be valid and sufficient.
57. The scale of fees contained in the Schedule shall be Scale of fees.
in force, and all questions whatever relating to the amount of Schedule.
any fees shall be summarily determined by the Judge: Provided
that nothing herein contained shall be deemed to affect any
special agreement between a barrister or solicitor and his client
in regard to the amount of his fees or remuneration.
58. The costs of every proceeding shall be in the dis- Power of the
Court as to
creation of the Court, and may be apportioned in any manner costs.
which to the Court shall seem just and reasonable, and costs
may be awarded though the suit be dismissed for want of
jurisdiction.
59. The Court may allow such reasonable sum or sums Allowance to
parties and
of money for the attendance and loss of time, and for travelling wiesses.
expenses of parties and witnesses as it shall think fit, not exceed-
ing the scale fixed by rules of court.
60. The costs of, and incidental to, the execution of any Costs of pro-
process in a suit shall be paid, in the first place, by the party at ess.
whose instance the same is issued, subject to the final order of
the Court thereon, and the Bailiff shall not be bound to serve
any document, or execute any process, unless the fee, to which
he shall be entitled in respect thereof, shall have been previously
paid, or tendered to him.
PART IX.
APPEALS.
61. Subject to the provisions of the Leeward Islands and Rightof
Windward Islands (Courts) Order in Council, 1959, and to any appe.
Rules made thereunder, an appeal shall lie to the Court of
Appeal for the Windward Islands and Leeward Islands from
any judgment of a Judge of the Court upon any point of law,
CAP. 80) Summary Jurisdiction.
or upon the admission or rejection of evidence, but no appeal
shall lie-
(a) against any decision upon any question of conflict-
ing evidence or of the sufficiency of evidence to support
the decision, or upon any question of fact; or
(b) except by leave of the Judge, where the debt or
damage does not exceed the sum of forty-eight dollars.
SCHEDULE. Ss. 18,42, 56.
FoRMs.
1.
WRIT OF SUMMONS.
(Royal Arms.)
IN THE COURT OF SUMMARY JURISDICTION OF
ANTIGUA.
S A.B., Plaintiff,
Between and
Suit No. I I C.D., Defendant.
ELIZABETH THE SECOND, by the Grace of God, of the United
Kingdom of Great Britain and Northern Ireland and of Our other
Realms and Territories Queen, Head of the Commonwealth,
Defender of the Faith.
To (Name and address of defendant).
We command you that you do attend our Court of Summary
Jurisdiction at on the day of
at o'clock in the forenoon, being the day and
time appointed for the hearing of a suit instituted against you by
(name and address of plaintiff), particulars of whose claim are
annexed hereto.
Take notice that, if you fail to attend the hearing of the suit,
or at any continuation or adjournment thereof, the Court may give
leave to the plaintiff to proceed therein, ex parte, to judgment and
execution.
Summary Jurisdiction. (CAP. 80 689
Witness Judge of our said Court this
day of ,19
By order,
Clerk.
Particulars of Claim.
N.B.-Insert the particulars of the claim in the usual form. If
the items are too numerous, as in some claims for goods sold, the
entry may be as follows-
To goods sold, or money lent, or wages due by you
&c., as per bill or memorandum annexed.........
Interest from to .........
Endorsement on Writ.
The within writ was served on the within named defendant at
by delivering a true copy thereof (or describe other mode
of service) on the day of 19
Bailiff.
2.
SUBPOENA.
(Royal Arms.)
IN THE COURT OF SUMMARY JURISDICTION OF
ANTIGUA.
A.B., Plaintiff,
Between and
Suit No. ) C.D., Defendant.
ELIZABETH THE SECOND, by the Grace of God, of the United
Kingdom of Great Britain and Northern Ireland and of Our other
Realms and Territories Queen, Head of the Commonwealth,
Defender of the Faith.
To
You (and each of you) are hereby commanded that, all excuses
being laid aside, you (and each of you) be and appear in your
own proper person before the Court of Summary Jurisdiction at
on the day of at
o'clock in the forenoon, or at any continuation or
adjournment of the said Court, to testify all and singular that you
690 CAP. 80) Summary Jurisdiction.
know in a certain cause or matter now pending between the
above-named plaintiff and defendant, then and there to be heard
and determined (and you are required to bring with you
Therefore fail not at your peril.
Witness Judge of the said Court this
day of 19
By order,
Clerk.
3.
WARRANT TO ATTACH PROPERTY BEFORE JUDGMENT.
(Royal Arms)
IN THE COURT OF SUMMARY JURISDICTION OF
ANTIGUA.
A.B. Plaintiff,
Between and
Suit No. ) C.D., Defendant.
ELIZABETH THE SECOND, by the Grace of God, of the United
Kingdom of Great Britain and Northern Ireland and of Our other
Realms and Territories Queen, Head of the Commonwealth,
Defender of the Faith.
To Bailiff, and his assistants.
Whereas it has been shown, to the satisfaction of the said
Court, that the defendant in the above suit, with intent
to obstruct, or delay, the execution of any judgment which may
be passed against him, is about to remove out of the Colony his
goods and chattels, or some part thereof. You are hereby com-
manded to seize, attach and to take into your hands the goods,
chattels, and effects of the said defendant (or certain goods and
chattels specified), and to hold the same until the further order
of the said Court; and you are also commanded, forthwith after
the execution of this writ, to return the same into the said Court,
with the place, time and particulars of execution endorsed thereon.
Witness Judge of the said Court, this
day of 19
By order,
Clerk.
Summary Jurisdiction.
4.
FORMAL DECREE.
(Royal Arms.)
IN THE COURT
ANTIGUA.
OF SUMMARY JURISDICTION OF
Between
Suit No. I
A.B., Plaintiff,
and
C.D., Defendant.
It is decreed in the above suit that the above-named plaintiff
do recover from the above-named defendant the sum of $
together with $ for costs; and the said defendant is hereby
ordered to pay the sum of $ (forthwith, or by the following
instalments namely, as the case may be.)
Witness Judge of the said Court, this
day of 19
Debt, $
Costs, $ By order,
Clerk.
5.
WRIT OF EXECUTION BY SEIZURE OF GOODS AND CHATTELS.
(Royal Arms.)
IN THE COURT OF SUMMARY JURISDICTION OF
ANTIGUA.
Between !
)
Suit No.
A.B., Plaintiff,
and
C.D., Defendant.
ELIZABETH THE SECOND, by the Grace of God, of the United
Kingdom of Great Britain and Northern Ireland and of Our other
Realms and Territories Queen, Head of the Commonwealth,
Defender of the Faith.
To Bailiff, and his assistants.
Whereas the above-named defendant, has failed
to satisfy a decree made against him in the above suit on the
day of 19 in favour of the above-named
(CAP. 80
692 CAP. 80) Summary Jurisdiction.
plaintiff, for $ together with $ for costs.
You are hereby commanded to levy the sum of $
(insert total amount of decree and costs) of the goods, chattels,
and effects of the said defendant, excepting the wearing apparel,
and bedding of the said defendant, or his family, and the tools and
implements of his trade to the value of $24, but including money,
or bank notes, and any cheques, bills of exchange, promissory notes,
specialties, or securities for money, belonging to the said defendant,
and to return this writ into the said Court with an endorsement
thereon of the date and place of execution.
Witness Judge of the said Court, this
day of 19
By order,
Clerk.
6.
INTERPLEADER SUMMONS.
(Royal Arms.)
IN THE COURT OF SUMMARY JURISDICTION OF
ANTIGUA.
)n A.B. Plaintiff,
Between and
Suit No. ( C.D., Defendant.
In the matter of E.F., a claimant of property seized, under
process of the Court, in the above suit.
To A.B., the above-named plaintiff.
Take notice, that you are hereby summoned to appear before
the said Court on the day of 19
at the hour of o'clock in the forenoon to show cause
why certain goods and chattels seized, under the process of the
Court, in the above suit, should not be declared and adjudged
to be the property of E.F., the above-named claimant thereof
and be delivered to him accordingly.
Witness Judge of the said Court, this
day of 19
By order,
Clerk.
(CAP. 80 693
7.
JUDGMENT DEBTOR SUMMONS.
(Royal Arms.)
IN THE COURT OF SUMMARY JURISDICTION OF
ANTIGUA.
Between
I1
A.B., Plaintiff,
and
C.D., Defendant.
To the above-named defendant.
Take notice, that you are hereby summoned to appear before
the said Court on the day of 19 ,
at the hour of o'clock in the forenoon, then and there
to be examined respecting your ability to satisfy the judgment
recovered against you, in the above suit, on the day .of
last for $ and costs.
Witness Judge of the said Court, this
day of 19
By order,
Clerk.
8.
GARNISHEE SUMMONS.
(Royal Arms.)
IN THE COURT
ANTIGUA.
OF SUMMARY JURISDICTION OF
Between {
Suit No.
A.B., Plaintiff,
and
C.D., Defendant.
To E.F. Garnishee.
Whereas on the day of last, judgment
was entered for the plaintiff, in the above suit, for $
and costs, which said judgment remains unsatisfied: And whereas
it is alleged that you are indebted to the defendant in the sum of
$ or some other sum of money. Take notice that you are
hereby summoned to appear before the said Court on the
Suit No.
Summary Jurisdiction.
694 CAP. 80) Summary Jurisdiction.
day of at the hour of o'clock in the forenoon,
to show cause why you should not pay over such sum of $
or other sum as aforesaid, or some part thereof, to the Bailiff in
satisfaction of the said judgment.
Witness Judge of the said Court, this
day of 19
By order,
Clerk.
FEES AND ALLOWANCES. S. 57.
(1) FEES OF BARRISTERS AND SOLICITORS.
In uncontested cases a general fee of $15.12 shall be allowed,
which shall include and cover all costs whatsoever, except fees
of Court and the special fees and allowances hereinafter prescribed.
In contested cases an additional fee of 5 cents for every dollar
of the amount claimed or the value of the property in dispute is
above the sum of $120: Provided that the trial Judge may in cases
involving difficult points of law or for any other reason of an
exceptional nature allow an inclusive general fee of $25.20.
Where costs are awarded to a successful plaintiff, the expression
"sum in dispute" shall be understood to mean the sum recovered;
and, where the costs are awarded to a successful defendant, it shall
be understood to mean the sum claimed.
In calculating the above fees a fraction of a dollar is to be
taken as one dollar.
(2) SPECIAL FEES OF COUNSEL AND SOLICITORS.
$ c.
On the examination of every judgment debtor and of
every person indebted to him ... ... ... 2 40
Taking out Judge's summons and attending thereon 2 40
Ex parte application in Court or in Chambers ... 1 20
Fee on adjourned hearing, if allowed ... ... ... 4 80
Proceedings for appeal ... ... ... ... 4 80
The said fees shall include and cover all costs incident to the
special proceedings referred to, except fees of Court and necessary
disbursements.
Interpleader summons-hearing fee on, $5.04 to $10.08
Affidavits in support of summons, each, 60 cents
Copies of ditto, each, and of any documents, 48 cents.
Summary Jurisdiction.
Attendance to file any document at the
Office, 60 cents
Examination of claimant to property seized
Court, $2.40
Clerk's or Marshal's
under process of the
(3) ARBITRATION.
The same general fee may be allowed as on the trial of a cause
in Court.
FEES OF COURT.
1. For every Writ of Summons ... ...
2. For every copy thereof ...... ...
3. Subpoena not exceeding three persons ...
4. Copy ... ... ... ... ... ...
5. Every notice required ... ......
6. Hearing ... ... ... ...
7. Drawing formal decree ... ... ... ...
8. Copy ... ... ... ... ......
9. Every order not being a nonsuit or judgment ...
10. Copy ... ... ... ... ...
11. Filing any document... ... ...
12. Paying money into Court ... ...
13. Paying money out of Court (exclusive of receipt
stamp) ... ... ... ... ...
14. Warrant of execution, arrest or attachment ...
15. Copy ... ... ... ... ......
16. Summons in Chambers ... ......
17. Copy ... ... ... ...... ...
18. Hearing of Summons ... ...
19. Every other application in Court or in Chambers...
20. Entering up judgment or award ... ...
21. Copies of documents per folio of 90 words... .
22. Taxation of Costs ... ...
23. Examination of judgment debtor ... .
24. Examination of Garnishee ... ...
25. Examination of persons indebted to juc
debtor ... ... ... ...
26. Interpleader Summons ......
27. Hearing Interpleader Summons ...
28. On taking affidavits for each deponent ...
29. Interpleader Motion ......
N.B. In suits where the demand does not
$24 the fees of the Court shall be
by one third.
$ c.
1 20
36
72
24
36
2 40
60
24
96
48
24
36
36
1 20
60
1 20
36
72
96
1 20
24
... 96
... 96
... 96
Pigment
96
1 20
1 20
60
1 20
exceed
reduced
(CAP. 80
696 CAP. 80) Summary Jurisdiction.
FEES OF BAILIFF.
$ c.
30. Service or Execution of any Writ, summons, notice
or other document ... ... ... ... 36
31. At a greater distance than one mile from the Court
House for every extra mile or part of a mile in
addition to the above fee ... ... ... 12
Provided that mileage shall be calculated to a
place and not to and from a place.
32. For every personal arrest ... ... ... ... 1 20
33. For conveying person arrested from place of arrest
for every mile or part of a mile... ... ... 24
34. For discharging person arrested at desire of
Plaintiff ... ... ... ... ... ... 48
35. For every seizure or attachment of property under
the process of the Court ... ... ... 96
36. Taking bail or security ... ... ... ... 96
37. For releasing property seized or attached at desire
of Plaintiff ... ... ... ... ... 48
38. For each man in possession, including his board
per diem ... ... ... ... ... 48
For the sale, including advertisements, catalogues
and commissions and delivery of goods on the
net proceeds of sale ... ... .. ... 5 cents
in the dollar
(CAP. 81 697
CHAPTER 81.
SUPREME COURT.
(1st January, 1940.)
20/1939
2/1948
14/1953
11/1955
S.R.O.22/1956
PART I.
1. This Act may be cited as the Supreme Court Act.
2. In this Act-
"the Court" means the Supreme Court of the Windward
Islands and Leeward Islands;
"existing" when used with reference to an Act, means in
force at the commencement of this Act;
"future" when used with reference to an Act, means coming
into operation after the commencement of this Act;
"Her Majesty's High Court of Justice," means Her
Majesty's High Court of Justice in England;
"Imperial" means of the Imperial Parliament;
"proceeding" includes action, cause or matter;
"Judge" means a Judge of the Court.
3. Whenever by this Act, or any existing or future Act
regulating the administration of justice in the Colony, it is
declared that any Imperial laws shall extend to the Colony, such
laws shall be deemed to extend thereto, so far only as the juris-
diction of the Court and local circumstances permit, and subject
to any laws of the Colony for the time being in force; and, for
the purpose of facilitating the application of the said Imperial
laws, the Judge, by whom any matter is being dealt with, may
construe any Imperial statute so extended with such verbal
alteration, not affecting the substance, as may be necessary to
render the same applicable to the matter before him; and every
Judge or Officer of the Court having, or exercising, functions
analogous to the functions of any Judge or Officer referred to
in any such statute, shall be deemed to be within the meaning
Short title.
Interpretation.
Construction
of certain
Imperial laws
Supreme Court.
698 CAP. 81) Supreme Court.
of the enactment thereof relating to such last mentioned Judge
or Officer; and whenever the Great Seal or any other Seal is
mentioned in any such statute, it shall be read as if the seal of
the Court were substituted therefore.
PART II.
COMMISSIONERS OF THE SUPREME COURT.
Appointment 4. (1) For the prevention of delay in the administration
of Com-
missioners. of justice, the Administrator may, by a Commission under his
hand and the Public Seal of the Colony, appoint a fit and proper
person to be a Commissioner of the Supreme Court in the Colony
for the trial and determination, in the absence of a Judge
from the Colony, of such causes and matters mentioned in sub-
section (3) as may be specified in such Commission.
Cancellation (2) Any appointment made under this section may at any
fment-. time be cancelled by the Administrator by notice published in
the Gazette.
Powers of (3) Subject to any limitations contained in his Commission
Commission- of Appointment, a Commissioner may, in the absence of a
Judge from the Colony-
(a) administer oaths and take affidavits, declarations
and affirmations;
(b) admit to bail after committal in cases of felony
and misdemeanor;
(c) transact all such non-contentious business and
exercise all such authority and jurisdiction in respect of the
same as by virtue of any Act or Ordinance, or by the rules
and practice of the Court, may be transacted or exercised
by a Judge in Chambers;
(d) transact all such other business in relation to civil
proceedings and exercise all such authority and jurisdiction
in respect of the same by virtue of any Act or Ordinance,
or by rules and practice of the Court as may be transacted or
executed by a Judge in Chambers, provided that such
business is in the opinion of the Commissioner a matter
of urgency requiring prompt attention;
(e) take the examination of witnesses or the produc-
tion of documents in any civil proceeding when authorized
in that behalf by any special order of the Court or a Judge.
Supreme Court.
(4) A Commissioner when and so far as necessary for per-
forming any duty which he is authorized to perform shall be
deemed to have and may exercise the incidental powers of a
Judge.
(5) No action shall be brought against a Commissioner
in respect of any act or order bond fide done or made by him
in the execution or supposed execution of the jurisdiction and
powers vested in him, but every such act or order shall be
liable to be altered, amended, reversed or set aside upon sum-
mary application to a Judge in accordance with rules of Court.
Incidental
powers.
Protection of
Commissioner.
PART III.
OFFICERS OF THE COURT.
5. (1) Except as in this Act otherwise expressly provided,
every person now holding the office of Registrar, Clerk to a
Registrar, or Bailiff, shall continue to hold his office on the
terms on which he now holds it, and nothing in this Act con-
tained shall affect the validity and effect of any bond heretofore
given by any of the said officers of the Court.
(2) The Registrar shall be ex officio Admiralty Marshal.
(3) The Registrar shall be ex officio Provost-Marshal.
6. The Registrar shall have power to administer oaths,
and to take solemn declarations and affirmations in lieu of
oaths.
7. (1) The Registrar for the Antigua Circuit shall be the
Taxing Master thereof. He shall tax all bills of costs in accord-
ance with the scale or scales for the time being in force.
(2) Every taxation of costs shall be subject to rules of Court
and be subject to review by a Judge in Chambers.
8. Whenever the Registrar is on leave, or ill or otherwise
unable to perform the duties of his office, the Administrator
may appoint a fit and proper person to act, during pleasure,
for such Registrar; and such person whilst so acting, shall have
all the powers, and be charged with all the duties, of the Regi-
strar: Provided that until any appointment is so made, and
also on every occasion when the Registrar is, from any cause,
Present officers
of the Court.
Registrars
may adminis-
ter oaths.
Taxation
of costs.
Acting
Registrars.
(CAP. 81
700 CAP. 81)
absent from his office, the duties of the Registrar shall devolve
upon, and be performed by the Clerk next in seniority to the
Registrar and officiating in the Registry who shall while so
acting have all the powers of the Registrar.
Hours of 9. (1) The office of the Registrar and Provost-Marshal
business.
shall be kept open for the transaction of business on every day
of the year except Sundays, Christmas Day, Good Friday and
Public Holidays, during such hours of the said days as may be
appointed by the Administrator by order under his hand.
(2) Notwithstanding the provisions of any order made
under subsection (1), the Judge, by whom any matter is being
heard, may direct any paid officer of the Court to transact at
any time any business which, in the opinion of the Judge, is
necessary or convenient, to facilitate the hearing and determina-
tion of the matter in question, or to carry into effect any order
made in connection therewith.
Bailiffs. 10. There shall be at least one bailiff for the Court:
Provided that the Administrator may sanction the appointment
of an additional bailiff, or of additional bailiffs.
(2) Every bailiff shall be appointed by a Judge by a com-
mission under his hand and the seal of the Court, and shall
receive such salary as may, with the approval of the Secretary
of State, be provided by the Legislative Council.
(3) Every bailiff shall be under the control of the Registrar,
and may, on cause shown, be dismissed from his office by a
Judge.
(4) Every bailiff shall, in addition to his duties as bailiff,
also perform if required the duties of Crier of the Court.
(5) Notwithstanding anything hereinbefore contained, a
Judge may, by writing under his hand and the seal of the Court,
appoint a temporary bailiff to serve, or execute such process, or
processes, of the Court as may be specified in the appointment.
Registrars, 11. No Registrar, clerk to a Registrar, or bailiff shall
Clerks, and
Bailiffs not to act as attorney, agent or adviser of any plaintiff, defendant or
advise other suitor, or party, in or to any proceeding in any Court in
litigantsthe Colony, or give advice in any law matter, or act as con-
veyancer, or notary public, or accept any gratuity for the per-
formance of any duty in connection with his office.
Supreme Court.
(CAP. 81 701
12. (1) If any officer of the Court shall be charged with Misconduct of
extortion, or with not duly paying any money received by him Cofut.
in the execution of his duty, or with any fraud, wrongful act, or
neglect in the discharge of the duties of his office, any Judge
may-
(a) inquire into the matter in a summary way, on
affidavit, or such other evidence as shall appear reasonable
to him, and for that purpose, summon and enforce the
attendance of all necessary parties and witnesses in like
manner as the attendance of witnesses may be enforced in
any other proceedings; and
(b) thereupon dismiss the charge, or order the officer
to pay any moneys or damages which, in the opinion of
the Judge, the officer ought under the circumstances to pay;
and also impose such fine, if any, as he may think fit,
on the officer.
(2) The costs of every such inquiry shall be in the discretion
of the Judge, and may be ordered to be paid by the officer or
by the person laying the charge.
(3) Every order made under this section may be enforced
as an order of the Court.
(4) No proceedings taken, or order made, under this section
shall prevent the officer from being prosecuted criminally for
any offence committed by him, or affect any right of action
which any person shall have against him, or the power of the
Administrator to suspend or dismiss the officer.
PART IV.
BARRISTERS AND SLIcrroRs.
13. (1) Every person entitled, at the commencement of Existing
this Act, to practise in the Colony as a barrister or as a solicitor, practitioners.
may continue to practise as heretofore, and shall be a barrister
or solicitor, as the case may be of the Court.
(2) Every person holding the office of Attorney-General
shall, so long as he continues to hold such office, be ex officio
a barrister of the Court, and shall be deemed to be enrolled as
a barrister in accordance with the provisions of this Act.
Supreme Court.
702 CAP. 81)
Admission of 14. (1) A Judge may, subject to the provisions of sub-
Barrister and
Solicitor. section (2), admit as a barrister of the Court any member of
the English, Scottish or Northern Ireland Bar; and as a solicitor
of the Court, any person who shall have been admitted as a
solicitor or law agent admitted to practise in Scotland, by a
Superior Court in England, Scotland, or Northern Ireland:
Provided that upon cause shown, any application to be so ad-
mitted may be refused, notwithstanding that the applicant has
complied with the provisions of the said subsection: Provided
further that no refusal by a Judge of any such application shall
be final, but any application so refused by such Judge shall, if
the applicant so require by notice in writing to the Registrar,
be laid before, and dealt with by any other two Judges.
(2) Every person applying to be admitted as a barrister or
solicitor, under the provisions of this Act shall-
(a) pay into the Treasury the sum of ninety-six dollars
as an enrollment fee;
(b) file in the office of the Registrar an affidavit of his
identity, and that he has paid the fee aforesaid; and
(c) deposit with the Registrar for inspection by the
Court-
(i) the receipt for the fee aforesaid, and
(ii) his certificate of call to the English, Scottish, or
Northern Ireland Bar; or his certificate of admis-
sion as a Solicitor in England or in Northern
Ireland or law agent admitted to practise in
Scotland:
Provided that in a special case the Judge may exempt any such
person from depositing, or producing his said certificate, if
satisfied otherwise that he has the qualifications required.
Enrolment of
Barristers and 15. (1) Every person admitted as a barrister or solicitor
Solicitors. of the Court shall cause his name to be enrolled in a book to
be kept for the purpose by the Registrar and to be called the
Court Roll, and, upon his name being so enrolled, shall be en-
titled to a certificate of enrolment under the seal of the Court.
(2) Every person, whose name is so enrolled, shall if en-
rolled as a barrister, be entitled to practise as a barrister, and,
if enrolled as a solicitor, be entitled to practise as a solicitor in
every Court of the Colony.
Supreme Court.
Supreme Court.
(3) No person, whose name is not so enrolled, shall be
entitled to practise in any of the Courts of the Colony.
16. Subject to the provisions of section 17, every person
enrolled as a barrister shall be entitled to practise also as a
solicitor, and to sue for and recover his taxed costs as such;
but if he practises as a solicitor, he shall be subject to all the
liabilities which attach by law to a solicitor.
17. (1) Except as is otherwise provided in subsection (2),
no barrister who has the rank of Queen's Counsel shall perform
any of the functions which in England are performed by a
solicitor and are not performed by a barrister; but a barrister
who has the rank of Queen's Counsel shall not be precluded
from continuing or engaging in partnership with another bar-
rister by reason only that such last mentioned barrister performs
any functions as aforesaid.
(2) Every person holding the office of Attorney-General
may, notwithstanding that he has the rank of Queen's Counsel,
perform the functions mentioned in section 16 in relation to the
duties of his office as Attorney-General.
18. (1) Every person practising as a solicitor and whose
name shall be enrolled as aforesaid, either as a barrister or
solicitor, shall be deemed to be an officer of the Court.
(2) Every person who, under the provisions of any Act
or Ordinance for the time being in force is, or shall be appointed
a Commissioner to administer oaths in the Court, shall be
deemed to be an officer of the Court.
19. Any two judges may, for reasonable cause, suspend
any barrister or solicitor from practising in the Colony during
any specified period, or may order his name to be struck off the
Court roll.
20. Every person who, not being enrolled as a barrister
or solicitor, or otherwise lawfully authorized shall, either directly
or indirectly for, or in expectation of any fee, gain or reward,
draw or prepare any legal document or shall receive any fee,
gain or reward for drawing or preparing any such document,
shall be liable on summary conviction to a fine not exceeding
forty-eight dollars.
Barristers
practising as
Solicitors
Queen's
Counsel
Solicitors and
Commission
ers are officers
of the Court
Barristers and
Solicitors may
be suspended
or struck off
roll.
Unauthorized
persons draw-
ing legal
documents
(CAP. 81
704 CAP. 81)
21. Subject to rules of Court, the law and practice relat-
ing to solicitors, and the taxation and recovery of costs in force
in England on the 16th June, 1913, shall extend to and be in
force in the Colony, and apply to all persons lawfully practising
therein as solicitors of the Court.
PART V.
JURISDICTION OF THE COURT.
Jurisdiction of
the Court.
Jurisdiction
of single
Judge.
Law and
Equity.
22. (1) The Court shall have and exercise within the
Colony all such jurisdiction (save and except the jurisdiction
in Admiralty) and the same powers and authorities incident to
such jurisdiction as at the commencement of this Act are vested
in Her Majesty's High Court of Justice in England.
(2) The Court shall have and may exercise in relation to
the persons and estates of idiots, lunatics and persons of unsound
mind in the Colony, the jurisdiction which for the time being
in force, is exercised in England by the Lord Chancellor for the
time being entrusted, by the sign manual of Her Majesty, with
the care and commitment of such persons and estates.
(3) The Court is hereby declared, in pursuance of the
Colonial Courts of Admiralty Act, 1890, (Imperial) to be a
Colonial Court of Admiralty within the meaning of that Act.
23. Any Judge may in accordance with rules of Court
or so far as such rules shall not provide in accordance with the
practice and procedure which shall, for the time -being be in
force in Her Majesty's High Court of Justice, exercise, in Court
or in Chambers, all or any of the jurisdiction vested in the Court.
PART VI.
LAW AND EQUITY TO BE CONCURRENTLY ADMINISTERED.
24. Section 24 of "The Supreme Court of Judicature
Act, 1873" (Imperial) as was in force in England on the enact-
ment thereof, shall extend to and be in force in the Colony.
Law relating
to solicitors,
taxation and
recovery of
costs.
Supreme Court.
Supreme Court.
PART VII.
AMENDMENT AND DECLARATION OF LAW.
25. All the provisions (omitting the recital) contained in
Section 25 of "The Supreme Court of Judicature Act, 1873,"
(Imperial) as amended by section 10 of "The Supreme Court of
Judicature Act, 1875," (Imperial), as were in force in England
on the enactments thereof shall extend to and be in force in
the Colony.
PART VIII.
PRACTICE AND PROCEDURE.
26. Subject to the rules of Court, the jurisdiction of the
Court in all criminal proceedings shall be exercised in accor-
dance with the practice and procedure which, at the commence-
ment of this Act, are in force in similar proceedings in the
Colony.
27. The jurisdiction, powers and authorities vested in
the Court shall in civil proceedings and in Probate, Divorce
and Matrimonial Causes, be exercised (subject to existing rules
of Court or any rules made pursuant to the power in that be-
half conferred by the Windward Islands and Leeward Islands
(Courts) Order in Council, 1959) as nearly as possible in accor-
dance with the practice and procedure which at the commence-
ment of this Act were in force in Her Majesty's High Court of
Justice which said practice and procedure together with any
Imperial Statutes authorizing and regulating the same shall,
subject as aforesaid, be deemed to be hereby extended to, and
be brought into operation in the Colony.
28. (1) Subject as hereinafter provided, any action to
be tried before the Court may, in the discretion of the Court
or a Judge, be ordered to be tried with or without a jury:
Provided that the mode of trial shall be by a Judge without a
jury unless upon the application of any party to the action, a
trial with a jury is ordered.
Amendment
and Declara-
tion of Law.
Practice in
criminal
proceedings.
Practice in
civil proceed-
ings and in
Probate,
Divorce and
Matrimonial
causes.
Mode of trial.
(CAP. 81
706 CAP. 81) Supreme Court.
(2) Any party to the action may within ten days after the
action has been set down for trial apply to have the action tried
with a jury, and if the Court or a Judge is satisfied that-
(a) a charge of fraud against the party; or
(b) a claim in respect of libel, slander, malicious pro-
secution, false imprisonment, seduction or breach of pro-
mise of marriage
is in issue, the action shall be ordered to be tried with a jury,
unless the Court or a Judge is of opinion that the trial thereof
requires any prolonged examination of documents or accounts
or any scientific or local investigation which cannot conveniently
be made with a jury; but, save as aforesaid the granting of a
jury shall in every case be discretionary.
(3) The provisions of this section shall be without prejudice
to the power of the Court or a Judge to order, in accordance
with Rules of Court, that different questions of fact arising in
any action be tried by different modes of trial, and where any
such order is made the provisions of this section requiring trial
with a jury in certain cases shall have effect only as respects
questions relating to any such charges or claim as aforesaid.
(4) For the purposes of this section the expression "action"
means a civil proceeding commenced by writ or in such other
manner as may be prescribed by rules of Court, but does not
include a criminal proceeding by the Crown.
Practice in 29. The jurisdiction of the Court in Admiralty shall be
Admiralty. exercised in accordance with the provisions of the Colonial
Courts of Admiralty Act, 1890 (Imperial).
Practice in 30. The jurisdiction of the Court in Bankruptcy shall
Bankruptcy. be exercised in accordance with the provisions of the Bank-
Cap. 10. ruptcy Act and any rules made thereunder.
PART IX.
APPEALS.
Right of 31. Subject to the provisions of the Windward Islands
appeal, and Leeward Islands (Courts) Order in Council, 1959, and to
any Rules made thereunder, an appeal shall lie to the Court
of Appeal from-
(CAP. 81 707
(a) judgments in Chambers and interlocutory judg-
ments of Judges, whether at first instance or on appeal,
and of Commissioners of the Court; and
(b) judgments of the Court in which no relief is sought
by the appellant except that a new trial shall be ordered.
PART X.
WITNESSES.
32. If any person served with a subpoena to attend as a Disobedience
witness in any proceeding before a Judge sitting in Court or in of subpoena.
Chambers shall refuse or neglect to attend pursuant to such
subpoena, such Judge may punish such person in a summary
way by fine not exceeding one hundred and twenty dollars, or
by commitment to prison for any time not exceeding two
months: Provided that nothing contained in this section shall
affect or abridge any right of any party to the proceeding to
proceed against such person for the recovery of any special
damage such party may have sustained by reason of the dis-
obedience of such person.
33. (1) Any Judge may, in or in respect of, any criminal Witnesses'
expenses in
proceeding before him, order allowances, not exceeding those cri smin
prescribed by rules of Court, to be paid to all persons examined proceedings.
or detained as witnesses for the Crown, whether examined be-
fore the Magistrate or not and also to all persons examined or
detained as witnesses for the defence, who shall have been
examined before the Magistrate, and who shall have been bound
over to appear before the Court at the trial: Provided that the
Judge may, if he shall think fit, order a similar allowance to be
paid to any person examined at the trial as a witness for the
defence, notwithstanding that such person was not examined
before the Magistrate.
(2) If any person except a duly qualified medical prac-
titioner giving professional evidence, whose allowance shall,
under this section, be ordered to be paid, shall reside at a greater
distance than one mile from the Court House at which such
trial takes place, the Judge may order to be paid to such person
for and in respect of his travelling expenses, such further allow-
ance not exceeding twelve cents per mile one way, as may 'be
deemed reasonable: Provided that in the case of duly qualified
medical practitioners, whose whole time is given to the public
Supreme Court.
708 CAP. 81)
service and who are therefore under the provisions of subsection
(3), disqualified from receiving an allowance for attendance, the
Judge may notwithstanding, order the payment of an allowance
for traveling expenses in accordance with this subsection.
(3) When any person called or detained as aforesaid as a
witness either for the Crown or the defence is in receipt of a
salary as a public officer, such person shall not, unless his whole
time is not at the disposal of the Government, by reason of his
enjoying private practice or otherwise, be entitled to be paid
any allowance under this Act, for attendance as a witness, beyond
the travelling expenses provided for by subsection (2).
Persons 34. Any Judge may, in any proceeding pending before
present at
proceeding him, order any person present to give evidence therein, not-
may be order- withstanding that no viaticum or other payment to which he
ed to give
evidence, was entitled, shall have been paid or tendered to him.
PART XI.
MISCELLANEOUS.
Expenses in 35. In every criminal proceeding, all expenses conse-
criminal
proceedings. quent on, or incidental to the transmission of process, the con-
veyance of prisoners and the trial, determination of or dealing
with, such proceeding, including all allowances ordered to be
paid to witnesses under section 33, shall be paid out of the
Treasury.
Interlocutory 36. (1) In the absence of a Judge, any interlocutory
applications. or other applications, which may be made to a judge in Cham-
bers, may be reduced to writing, and transmitted, under the
Court seal by the Registrar, to the Judge to whom it shall be
directed, together with such affidavits and documents as the
applicant shall think necessary.
(2) The Judge's order in writing thereon shall be trans-
mitted to the Registrar, and shall be deemed to be the order of
the Court.
(3) No such application shall be made unless the Registrar
shall certify that, to the best of his belief, all parties, liable to
be affected by the order sought, and entitled to be heard against
the same have had due notice thereof, and an opportunity of
transmitting any counter affidavits or other documents, in oppo-
sition thereto.
Supreme Court.
Supreme Court. (CAP. 81 709
37. Any fine or penalty imposed by a Judge may, at any Remission or
reduction of
time before it has been paid or satisfied, be reduced or remitted fines.
by him.
38. All rules of Court, which shall be in force imme- Existing rules
of Court.
diately before the commencement of this Act, shall continue in
force until revoked.
(CAP. 82 711
CHAPTER 82.
TREASONABLE OFFENCES.
23/1868
(3rd August, 1868.)
1. This Act may be cited as the Treasonable Offences
Act.
2. If any person shall within the Colony, compass,
imagine, invent, devise, or intend to deprive or depose our most
gracious lady the Queen, Her heirs or successors from the style,
honour or Royal name of the Imperial Crown of the United
Kingdom or of any other of Her Majesty's dominions and
countries, or to levy war against Her Majesty, Her heirs or
successors within any part of the United Kingdom or within
any other of Her Majesty's dominions or countries or this
Colony in order by force or constraint to compel Her or them
to change Her or their measures or councils, or in order to put
any force or constraint upon, or to intimidate the Legislative
Body of the Colony or to move or stir any foreigner or stranger
with force to invade the United Kingdom or any other of Her
Majesty's dominions or countries, under the obeisance of Her
Majesty, Her heirs or successors, and such compassings, imagina-
tions, inventions, devices or intentions, or any of them shall
express, utter, or declare by publishing any printing or writing,
or by open and advised speaking or by any overt act or deed,
every person so offending shall be guilty of felony, and being
convicted thereof shall be liable at the discretion of the Court
to be imprisoned for any term not exceeding ten years, with or
without hard labour as the Court shall direct:
Provided that no person shall be prosecuted for felony by
virtue of this Act in respect of such compassings, imaginations,
inventions, devices or intentions as aforesaid in so far as the
same are expressed, uttered, or declared by open and advised
speaking only unless information of such compassings, imagina-
tions, inventions, devices, and intentions, and of the words by
which the same were expressed, uttered or declared, shall be
given upon oath to a Magistrate within six days after such
Short title.
Offence
declared by
this Act to be
felony
punishable by
imprisonment
Treasonable Offences.
Treasonable Offences.
In indictments
more than one
overt act may
be arged.
Nothing herein
to affect
provisions of
25 Edward
3 c. 2.
Indictments for
felony under
this Act valid
though the
facts only
amount to
treason.
As to the
punishment of
accessories
before and
after the fact.
No costs
allowed in
prosecutions
under this Act.
words shall have been spoken, and unless a warrant for the
apprehension of the person by whom such words shall have been
spoken, shall be issued within ten days next after such informa-
tion shall have been given as aforesaid, and that no person shall
be convicted of any such compassings, imaginations, inventions,
devices, or intentions as aforesaid in so far as the same are ex-
pressed, uttered, or declared by open, or advised speaking as
aforesaid, except upon his own confession in open Court, or
unless the words so spoken shall be proved by two credible
witnesses.
3. It shall be lawful in any indictment for felony under
this Act, to charge against the offender any number of the
matters, acts, or deeds by which such compassings, imaginations,
inventions, devices, or intentions as aforesaid (or any of them)
shall have been expressed, uttered or declared.
4. Nothing herein contained shall lessen the force of or
in any manner affect anything enacted by the Imperial Statute
passed in the twenty-fifth year of King Edward the third "a
declaration which offences shall be adjudged treason".
5. If the facts or matters alleged in an indictment for
any felony under this Act shall amount in law to treason, such
indictment shall not by reason thereof be deemed void, erroneous
or defective, and if the facts or matters proved on the trial of
any person indicted for any felony under this Act shall amount
in law to treason, such person shall not by reason thereof be en-
titled to be acquitted of such felony, but no person tried for
such felony shall be afterwards prosecuted for treason upon the
same facts.
6. In the case of every felony punishable under this Act,
every principal in the second degree and every accessory before
the fact shall be punishable in the same manner as the principal
in the first degree is by this Act punishable. And every accessory
after the fact to any such felony shall on conviction be liable
to be imprisoned with or without hard labour for any term
not exceeding two years.
7. It shall not be lawful for any Court before which any
person shall be prosecuted or tried for any felony under this
Act to order payment to the prosecutor or to the witnesses of
any costs which shall be incurred in preferring or prosecuting
any such indictments.
CAP. 82)
Trust Corporation (Probate and Administration). (CAP. 83
CHAPTER 83.
TRUST CORPORATION (PROBATE AND
ADMINISTRATION.
6/194
(23rd December, 1947.) 32/195
1. This Act may be cited as the Trust Corporation (Pro- Short itie.
bate and Administration) Act.
2. In this Act- Interpretation.
"administration" means letters of administration of the
estate of a deceased person, whether general or limited,
or with the will annexed or otherwise;
"probate" means the probate of a will;
"the Court" means the Supreme Court of the Windward
Islands and Leeward Islands;
"trust corporation" means either a corporation appointed
by the Court in any particular case to be a trustee or
a corporation constituted under the law of the Colony
or of Great Britain or of Canada and having a place
of business in the Colony and empowered by its con-
stitution to undertake trust business and being either-
(a) a company incorporated by special Act, or
Royal Charter; or
(b) a company registered (whether with or
without limited liability) under the Companies
Act, having a capital (in stock or shares) for the a 35
time being issued of not less than $1,200,000, of
which not less than $480,000 shall have been paid
up in cash; or
(c) a company registered without limited lia-
bility under the Companies Act, whereof one of Cap. 358.
the members is a company within any of the
classes hereinbefore defined.
714 CAP. 83) Trust Corporation (Probate and Administration).
For the purposes of this definition "trust
business" means the business of acting as trustee
under wills and settlements and as executor and
administrator of deceased persons.
Power to 3. (1) The Court may-
grant repre-
sentation (a) Where a trust corporation is named in a will as
to a trust
corporation. executor, whether alone or jointly with another person,
grant probate to the corporation either solely or jointy with
another person, as the case may require; and
(b) grant administration to a trust corporation either
solely or jointly with another person,
and the corporation may act accordingly as executor or admini-
strator, as the case may be.
(2) Probate or administration shall not be granted to a
syndic or nominee on behalf of a trust corporation.
(3) Any officer authorized for the purpose by a trust cor-
poration or the directors or governing body thereof may, on
behalf of the corporation, swear affidavits, give security and do
any other act or thing which the Court may require with a view
to the grant to the corporation of probate or administration, and
the acts of an officer so authorized shall be binding on the cor-
poration.
(4) Where, at the commencement of this Act, any interest
in any estate is vested in a syndic on behalf of a trust corpora-
tion acting as the personal representative of a deceased person,
the said interest shall, by virtue of this Act, vest in the corpora-
tion in respect of the said interest.
This subsection shall not apply to securities registered or
inscribed in the name of a syndic or to land registered under the
Cap. 293. Title by Registration Act, or to an encumbrance registered there-
under, in the name of a syndic, but any such securities, land or
encumbrances, shall be granted or transferred by the syndic to
the corporation or as the corporation may direct.
(5) This section shall have effect whether the testator or
intestate died before or after the commencement of this Act, and
no such vesting, grant or transfer as aforesaid shall operate as a
breach of a covenant or condition against alienation or give rise
to a forfeiture.
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