Magistrate's Code of Procedure Act


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Map-istrate's Code of Procedure (CAP. 255 1

CHAPTER 255

THE MAGISTRATE'S CODE OF
PROCEDURE ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

PART I

PERSONAL

3 . Division of Antigua and Barbuda into Districts.
4. Boundaries of districts defined by Minister.
5. Appointment of Magistrates.
6. Assignment of Magistrates to districts.
7. Powers and duties of Magistrates.
8. Justices of the Peace.
9. Trial of cases in which certain Magistrates are

interested.
10. Salary of Magistrates.
1 1. Sittings to be appoipted by Order.
12. Adjournment of sittings in Magistrate's absence.
13. Offices, clerks,. and bailiffs.
14. Every action must allege that the act was done

maliciously.
15. Conditions under which action may be brought.
16. Action to be brought against convicting Magistrate.
17. Mandamus to Magistrate refusing to act.
18. Defect in conviction must not operate against

Magistrate issuing warrant of distress.
19. Judge may set aside proceedings in action.
20. Damages.
21. Costs.

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PART I1

PRELIMINARY PROCEEDINGS

22. Jurisdiction of Magistrates.
23. When Magistrate may issue his summons.
24. How complaint to be laid.
25. To be of one matter only at a time.
26. Information and complaint.
27. Magistrate has discretion to refuse summons.
28. How summons is to be served.
29. Offences committed on vessels within the waters of

Antigua and Barbuda.
30. How service is to be proved.
31. If the person summoned does not appear warrant may

issue.
32. When a warrant may issue in the first instance.
33. As to warrant when offence is committed on the high

seas and beyond sea.
34. As to form of warrant.
35. When and where warrant may be executed.
36. Proceedings on arrest.
37. Proceedings on arrest without warrant.
38. Search warrant.
39. Warrant not to lapse on death or removal of

Magistrates.
40. Different Magistrates.

PART I11

PRELIMINARY INQUIRIES

Court House not to be an open Court.
Preliminary inquiry where case not triable summarily.
Summary trial of juvenile for indictable offences.
Power to remand in order to secure the presence of

parent or guardian.
Offences triable either on indictment or summarily.
Where an adult may be tried summarily.
Where an adult pleading guilty may be dealt with

summarily.
Reduction of charge from indictable to summary

offence.
Magistrate to explain committal for sentence.

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Magistrate's Code of Procedure (CAP. 255 3

Section

50. Power to remand in order to ascertain if case should
be dealt with summarily.

51. Evidence to be taken on oath.
52. Witness to be examined in presence of accused who

may cross-examine.
53. Depositions.
54. Magistrate to take notes of evidence.
55. Magistrate to dismiss the charge or call on accused for

his defence.
56. Mode of calling on accused for his defence.
57. Accused may show cause and call witnesses.
58. Magistrate to dismiss the charge or to commit for trial.
59. Prosecutor and witnesses to be bound over to appear

at trial of accused.
60. Accused on committal to be committed to prison, unless

bailed.
6 1. Peace officer to convey him to prison and deliver him

to gaoler.
62. Right of accused persons to bail.
63. Magistrate may admit to bail at any time.
64. When Magistrate may admit to bail on adjournment

of hearing.
65. Warrant of deliverance.
66. Person bailed to enter into recognizances for his

re-appearance.
67. Judge may order accused to be admitted to bail.
68. Notice of application to Judge to be given to committing

Magistrate or Coroner.
69. Accused entitled to a copy of depositions on payment.
70. Committal for trial without consideration of evidence.
71. Written statements in committal proceedings.
72. Notice of result of committal proceedings.

PART IV

SUMMARY JURISDICTION (CRIMINAL)

73 . Court house to be an open Court.
74. Either party may appear in person or by counsel.
75. Limitation six months unless otherwise provided.
76. Where accused liable to imprisonment for more than

six months he may claim to be committed for trial.

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77. If defendant does not appear Magistrate may proceed
ex parte.

78. If prosecutor does not appear Magistrate may dismiss
or adjourn.

79. If neither party appears Magistrate may dismiss or
adjourn.

80. If on adjourned hearing either party does not appear
Magistrate may proceed.

81. If both parties appear case to proceed.
82. If defendant pleads guilty Magistrate to convict him.
83. If defendant pleads not guilty Magistrate to hear

evidence of both parties.
84. Cross complaints.
85. Neither party to have right of reply on the other.
86. Magistrate then to determine the case.
87. Offence charged - attempt proved. Attempt charged

- full offence proved.
88. If he dismisses the case defendant entitled to certificate

of dismissal.
89. If he convicts conviction to be drawn up.
90. Magistrate may award costs to prosecutor.
91. Magistrate may award costs to the defendant.
92. Costs recoverable with the fine.
93. Defendant's costs recoverable by distress.
94. No costs if fine does not exceed $1.20.
95. Award of compensation.
96. Powers re imprisonment and fine.
97. Imprisonment without option of a fine.
98. Consecutive sentences of imprisonment.
99. Where convict is already undergoing imprisonment.

100. Committal for sentence for indictable offence tried
summarily.

101. Punishment of children.
102. Fine &c., to be paid by parent or guardian.
103. Punishment of young persons and adults.
104. Sentence to Training School.
105. Magistrate may discharge child or young person or

order whipping.
106. Warrant of distress.
107. Execution to cease on payment of amount leviable.
108. When distress warrant issued Magistrate may suffer

defendant to go at large or detain him in prison.

Section

Where return is nulla bona Magistrate may commit the
defendant.

Defendant who pays after commitment to be discharged
on payment.

Powers of Magistrate when imposing a fine.
O n default of payment of any instalment process to

issue for the whole.
Mode of payment by instalments.
Postponement of issue of warrant of distress or

commitment.
Obligation to allow time for payment of fines, etc.
Scale of imprisonment in default of payment of fine

or of sufficient distress.
On part payment term of imprisonment to be reduced.
Power of Magistrate to order attachment of debts due

to person sentenced to pay a fine.
Where more than one person is ordered to pay a sum

equal to the damage done.
All convictions to be transmitted to the Supreme Court.

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Magistrate's Code of Procedure (CAP. 255 5

PART V

SUMMARY JURISDICTION (QUASI-CRIMINAL)
PROTECTION AND MAINTENANCE O F

MARRIED WOMEN, AND SINGLE WOMEN

12 1. Order relating to separation and maintenance.
122. Procedure and enforcement of orders.
123. Enforcement of orders as to custody of children.
124. Interim Orders.
125. Father to be summoned on application of mother of

child.
126. Order on father for maintenance education, etc. of

child.
127. Enforcement of order on father.
128. Time for which order on father to remain in force.
129. Forms and procedure.
130. Service of summonses and notices and orders.
131. Payment of money under an order for the maintenance

and education of a child.
132. Summons to father to show cause why order should

not issue where a charge of neglect is being heard.
133. Father of child compellable to support it.

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134. Order for payment to Collecting Officer and duties of

Collecting Officer.
135. Power to vary order.

PART VI

JURISDICTION IN RELATION T O
SALVAGE AND WRECK

136. Salvage in respect of services rendered in Antigua and
Barbuda.

137. Disputes as to salvage how to be settled.
138. Manner in which Magistrate may decide disputes.
139. Costs of arbitration.
140. Payment of costs of arbitration.
141. Magistrate may call for documents and administer

oaths.
142. Appeal.
143. Magistrate to transmit copy of proceedings and

certificate of value to Registrar of Court of Appeal.
144. Disputed title to wreck, how to be decided.
145. Appeal from decision of Magistrate.

PART VII

CIVIL JURISDICTION

146. Plaintiff and defendant may give evidence.
147. Venue.
148. Magistrate may issue a summons to be served on

defendant.
149. Limitation six years.
150. Fees to be taken.
151. Claims may not be split.
152. Set-off or counter-claim.
153. Review.
154. Costs.
155. Execution.
156. Judgements and orders not to be enforced by

imprisonment.
157. Judgement summons.
158. Where the doing or abstaining from the doing of any

act is ordered.
159. Magistrate may order a penalty per diem or

imprisonment.

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Mazistrate's Code of Procedure (CAP. 255 7

Section
160. Maximum imprisonment and penalty.
16 1 . Bailiffs.
162. Bailiffs to pay all fees to Magistrate or clerk.
163. Bailiffs to pay all monies collected by them to

Magistrate or clerk.
164. In te~ leader summons.
165. Exception in cases of salvage, single women and

desertion.

PART VIII

APPEALS FROM MAGISTRATE T O
COURT O F APPEAL

166. Court of Appeal.
167. Appeal.
168. Appeal by motion or special case.
169. Appeal operates as a stay.
170. Notice of appeal.
17 1. Service of notice.
172. Recognizance or security to be taken.
173. Appellant to go at large.
174. Special Case.
175. Duty of Magistrate as to special case.
176. Deputy Registrar of Court of Appeal to file special case

and set it down for argument.
177. Appeal limited to reasons given in notice.
178. Court of Appeal on hearing of appeal on motion to

decide on facts as well as law.
179. Power to the Court of Appeal to take evidence.
180. Power of Court of Appeal as to new trials.
181. On appeal by special case Court of Appeal confined

to facts and evidence stated therein.
182. Powers of Court of Appeal on hearing appeals.
183. Costs.
184. Where appeal abandoned Court of Appeal may give

respondent costs.
185. How costs are payable.
186. How costs are recoverable.
187. Objection to form of information or conviction.
188. Defects in proceedings under appeal.
189. Error or defect in recognizance.
190. Transmission and publication of judgement.
191. Enforcing judgement.

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Section

PART IX

WITNESSES

Summoning witnesses.
Warrant may issue on non-appearance.
When warrant may issue in first instance.
Witness refusing to be sworn or to answer.
Prosecutor a competent witness.
When depositions may be read at the trial.
Taking deposition of a witness who is ill or about to

leave Antigua and Barbuda.
Notice to the prisoner to be present.
Magistrate to deal with the deposition like any other

deposition.
Such deposition to be admissible in evidence.
Defendant to have the same privilege as the prosecutor

under last section.

PART X

RECOGNIZANCES AND SECURITY

203. Binding over to keep the peace.
204. Defendant in default may be committed.
205. Magistrate may vary the order on cause shown.
206. Form of recognizance.
207. Notice of recognizance.
208. Proof of sufficiency.
209. Estreating recognizances conditioned for appearance.
210. Estreating recognizance conditioned for keeping the

peace or doing some act or thing.
21 1. Payment of sums forfeited.
212. Recognizances may be transmitted to Registrar for

Estreat.
2 13. Securities.
214. How forfeited security is to be realized.
215. Security given by a principal on conviction to be

recovered like a fine.
216. Surety paying under a security may recover the amount

from the principal.
21 7. Security to be realized before other steps are taken.
218. Recognizance taken out of Court.

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Magistrate's Code of Procedure (CAP. 255 9

Section

PART XI

DISTRESS

What may not be taken.
Warrant how executed.
Public auction after five days.
Period during which distress to be sold.
Impounding goods levied on.
Penalty for extortion &c.
Account of costs to be sent to Magistrate.
Costs of sale to be deducted from proceeds.
Warrant not to be executed if amount due and all 4

are paid or tendered.
Replevy.

PART XI1

MISCELLANEOUS

General provisions as to local jurisdiction of
Magistrates.

No objection to be allowed on point of form or variance.
No objection to be allowed as to variance as to time

or place.
If party charged is deceived by variance, Magistrate

may adjourn hearing.
Description of the property of partners, etc.
Description of the offence.
Exception or proviso may be proved by defendant.
Warrant of distress not to be impeached for want of

form.
Power to sell forfeitures.
Procedure where a person charged with an indictable

offence is dealt with summarily.
Power of Magistrate to adjourn and remand.
Fees in summary proceedings on information and

complaint.
Proof by declaration of service of process, of hand-

writing, &c.
Power to preserve order.
Power to enforce execution of process.
Minute to be recorded.
No person to be punished twice for the same offence.

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246. Enforcement of orders made under sections 242 and
243.

247. Disposal of fees, fines, &c.
248. Return of property taken from prisoner.
249. Register of Court of Magistrate.
250. Power to make rules.
251. As to offences relating to post office and revenue.
252. Application of this Act.
FIRST SCHEDULE.
SECOND SCHEDULE.

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Magistrate's Code of Procedure (CAP. 255 11

MAGISTRATE'S CODE O F PROCEDURE

(10th February, 1892.)

511956.
S.R.O. 2211956.

1411961.

811970.
1911973.

S.R.O. 4611981.

1811987.
1811989.

S.I. 3911989.

1. This Act may be cited as the Magistrate's Code Short
of Procedure Act.

2. In this Act- Interpretation.

"past Act" means any Act passed before the
commencement of this Act;

"future Act" means any Act passed subsequent to the
commencement of this Act;

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12 CAP. 255) Magistrate's Code of Procedure

"adult" means a person who in the opinion of the
Magistrate before whom he is brought is of the age
of sixteen years or upwards;

"child" for the purpose of criminal matters under this
Act means a person who in the opinion of the
Magistrate before whom he is brought is under the
age of fourteen years and of sufficient age and
capacity to commit crime, and for the purposes of
quasi-criminal and civil matters under this Act
means a person under the apparent age of sixteen
years;

"civil proceedings" mean all civil actions triable by a
Magistrate and all proceedings in relation to the
making of an order for the payment of any sums
of money declared to be a civil debt as hereinafter
mentioned or for the doing or abstaining from doing
of any act or thing not enforceable by fine or
imprisonment in the first instance as hereinafter
mentioned;

"Collecting Officer" means the Clerk of every
Magistrate's Court or such other person as the
Magistrate may with the approval of the Governor-
General authorise to carry out the duties of
Collecting Officer;

"complaint" means a charge made not on oath and
whether or not reduced into writing;

" conviction" means any summary conviction on a
complaint or an information and includes any order
made by a Magistrate on any matter brought before
him on complaint or information;

"fine" means and includes penalty and also includes
any pecuniary forfeiture or pecuniary compensation
or any sum of money or any costs payable under
a conviction;

"guardian" in relation to a child includes any person
who in the opinion of the Court having cognizance
of any case in which a child is concerned has for

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Magistrate's Code of Procedure (CAP. 255 13

the time being the charge of or control over such
child;

"imprisonment in the first instance" means imprison-
ment imposed at the time of the making of a
conviction or order;

"information" means a charge laid on oath and reduced
to writing;

"Magistrate" means a District Magistrate and any
justice or justices of the peace authorized by this
or any other Act to perform the duties of a District
Magistrate;

"offence" means any contravention of any law in force
in Antigua and Barbuda or of the Common Law
which is punishable or enforceable either on indict-
ment or on summary conviction by fine penalty
or imprisonment;

" parent" includes the mother of and any person
adjudged to be the father of a child;

"peace officer" means any member of the Police Force
and any local constable, and every other person
lawfully authorized to discharge police duties;

" person" includes a child, young person, and adult and
also includes a body corporate;

"Training School" means any reformatory, industrial
or other school established under any Act for the
reformation, education and training of children and
young persons;

' 6 young person" for the purposes of criminal matters
under this Act, means a person who in the opinion
of the Magistrate before whom he is brought is of
the age of fourteen years and under the age of
sixteen years.

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14 CAP. 255) Magistrate's Code of Procedure

Division of
Antigua and
Barbuda into
Districts.

Boundaries of
districts defined
by Minister.

Appointment of
Magistrates.

Assignment of
Magistrates to
districts.

Powers and
duties of
Magistrates.

Justices of the
Peace.

PART I

PERSONAL

3. For the purpose of holding Magistrates' Courts,
Antigua and Barbuda is divided into districts as follows-

The island of Antigua into two districts A and B.
The island of Barbuda into one district C.

4. The boundaries of the several districts in Antigua
and Barbuda may be from time to time defined by order
of the Minister:

Provided that the boundaries existing at the
commencement of this Act shall continue to be the boundaries
until otherwise defined.

5 . There shall be such number of Magistrates in the
public service as may be required for the purposes of this Act.

6. (1) The Governor-General may assign one or more
Magistrates to a district or may assign a Magistrate to more
than one district.

(2) Where more than one Magistrate is assigned to a
district, each such Magistrate shall exercise concurrent
jurisdiction in that district with the other or others so
assigned.

(3) Every Magistrate wherever assigned shall have
jurisdiction throughout Antigua and Barbuda.

7. A Magistrate shall have and possess all the powers
and jurisdiction and shall perform all the duties which are
now vested in or imposed upon Magistrates or Justices of
the Peace either at common law or by virtue of any Act now
in force, or which may hereafter be vested in or imposed
upon such Magistrates by virtue of any such Act.

8. (1) Every District Magistrate shall be ex oflicio a
Justice the Peace for Antigua and Barbuda.

(2) Except as is otherwise provided in any Act, the
Governor-General may, by Warrant under his hand, appoint
any fit and proper person to be a Justice of the Peace for

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Magistrate's Code of Procedure (CAP. 255 15

Antigua and Barbuda and may, in like manner, for such
cause as may appear to him sufficient, remove any Justice
of the Peace from his office.

(3) Every appointment or removal of a Justice of the
Peace shall be notified in the Gazette.

(4) Any person in Antigua and Barbuda who on the F;;2,"n;f
first day ofJuly, 1956, was already duly appointed or gazetted Justices of the
as a Justice of the Peace, shall continue to hold such Peace.
appointment and be deemed to have been appointed a Justice
of the Peace in accordance with the provisions of this section.

(5) Justices of the Peace shall have and exercise full
power and jurisdiction with the Magistrates to issue
summonses, warrants and other process of Court, to grant
bail fixing the amount thereof, to take recognizances, and
to bind over parties and witnesses, and to administer oaths.

(6) No Justice of the Peace shall exercise any jurisdiction
in any court for the purpose of hearing and determining any
complaint except as provided in section 9.

9. It shall be lawful for any two Justices of the Peace 2;: in
to hear and determine any case in which any Magistrate Magistrates are
is interested, and for such purpose any such Justices of the interested.
Peace shall have the same powers and jurisdiction, and be
entitled to the same immunities and protections as a
Magistrate has and is entitled to.

10. The salary of every Magistrate appointed under salary of
Magistrates.

this Act shall be such as may be provided by Parliament
and shall be payable out of the Public Treasury.

11. The Minister may by Order appoint the places s~b;$;:bn;
where and the time when Magistrates' Courts shall be held order.
in the several districts.

12. When any Magistrate is unable to attend at any ~ ~ ~ $ ~ t of
time appointed for the holding of a Magistrate's Court it ~~~i~~~~~~~~
shall be lawful for such Magistrate, by writing under his absence.
hand, to adjourn such Magistrate's Court for any period
not exceeding one week.

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Offices, clerks
and bailiffs. 13. (1) There shall be in the public service such

number of clerks and bailiffs as may be required for the
purposes of this Act.

(2) Suitable offices for holding Magistrate's Courts in
each district shall be provided and shall be paid for out of
the Consolidated Fund.

Every action
must allege that

14. Every action hereafter to be brought against any
the act was done Magistrate for any act done by him in the execution of his
maliciously. duty as such Magistrate, with respect to any matter within

his jurisdiction as such Magistrate, shall be in the nature
of an action on the case as for a tort, and in the plaint it
shall be expressly alleged that such act was done maliciously
and without reasonable and probable cause.

Conditions under
which action

15. For any act done by a Magistrate in a matter
may be brought. of which by law he has not jurisdiction, or in which he shall

have exceeded his jurisdiction, any person injured thereby,
or by any act done under any conviction or order made or
warrant issued by such Magistrate in any such matter, may
maintain an action against such Magistrate in the same form
and in the same case as he might have done before the passing
of this Act, without making any allegation in his plaint that
the act complained of was done maliciously and without
reasonable and probable cause:

Provided that no action shall be brought for anything
done under such conviction or order until after such
conviction shall have been quashed, either upon appeal or
upon application to the High Court or any Judge thereof;
nor shall any such action be brought for anything done under
any such warrant which shall have been issued by such
Magistrate to procure the appearance of such party, and
which shall have been followed by a conviction or order in
the same matter, until after such conviction or order shall
have been so quashed as aforesaid; or if such last mentioned
warrant shall not have been followed by any such conviction
or order, or if it be a warrant upon an information for an
alleged indictable offence, nevertheless, if a summons were
issued previously to such warrant and such summons were
served upon such person, either personally, or by leaving
the same for him with some person at his last or most usual
place of abode, and he did not appear according to the

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Maxistrate's Code of Procedure (CAP. 255 17

exigency of such summons, in such case, no such action may
be maintained against such Magistrate for anything done
under such warrant.

16. Where a conviction or order shall be made by Action to be
brought against a Magistrate, and a warrant of distress or commitment shall con,;ct;ng

be granted thereon by some other Magistrate bonafide and Magistrate.
without collusion no action shall be brought against the
Magistrate who granted such warrant by reason ofany defect
in such conviction or order or for any want of jurisdiction
in the Magistrate who made the same, but the action (if any)
shall be brought against the Magistrate who made such
conviction or order:

17. In all cases where a Magistrate shall refuse to Mandamus to
Magistrate

do any act relating to the duties of his office as such refusing to act,
Magistrate, it shall be lawful for the party requiring such
act to be done to apply to the High Court or any Judge
thereof, upon an affidavit of the facts, for a rule calling upon
such Magistrate and also the party to be affected by such
act, to show cause why such act should not be done; and
if, after due service of such rule, good cause shall not be
shown against it, the said Court or any Judge thereof may
make the same absolute with or without or upon payment
of costs as to them shall seem meet; and the said Magistrate,
upon being served with such rule absolute, shall obey the
same, and shall do the act required, and no action or
proceeding whatsoever shall be commenced or prosecuted
against such Magistrate for having obeyed such rule and done
such act so thereby required as aforesaid.

18. In all cases where a warrant of distress or warrant rz:tizn must
of commitment shall be granted by a Magistrate upon any not operate
conviction or order, which either before or after the granting gg;;irate
of such warrant shall have been or shall be confirmed upon ;ssu;ng ,arrant
appeal, no action shall be brought against such Magistrate distress.
who so granted such warrant for anything which may have
been done under the same by reason of any defect in such
conviction or order.

19. In all cases, where by this Act it is enacted that Judge may set
as~de proceedings

no action shall be brought under parti'cular circumstances, in ..,ion.
if any such action shall be brought, it shall be lawful for
a Judge of the Court in which the same shall be brought

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18 CAP. 255) Magistrate's Code of Procedure

upon application of the defendant, and upon an affidavit
of facts, to set aside the proceedings in such action, with
or without costs, as to him shall seem meet.

Damages.

Costs.

20. In all cases where the plaintiff in any such action
as aforesaid shall be entitled to recover, and he shall prove
the levying or payment of any penalty or sum of money under
any conviction or order as parcel of the damages he seeks
to recover, or if he prove that he was imprisoned under such
conviction or order, and shall seek to recover damages for
any such imprisonment, he shall not be entitled to recover
the amount of such penalty or sum so levied or paid, or any
sum beyond the sum of four cents as damages for such
imprisonment, or any costs of suit whatsoever if it shall be
proved that he was actually guilty of the offence of which
he was so convicted, or that he was liable by law to pay
the sum he was so ordered to pay, and (with respect to such
imprisonment) that he had undergone no greater punishment
than that assigned by law for the offence of which he was
so convicted, or for non-payment of the sum he was so
ordered to pay.

2 1. If the plaintiff in any such action as aforesaid shall
recover a verdict or the defendant shall allow judgement to
pass against him by default, such plaintiff shall be entitled
to costs, in such manner as if this Act had not been passed;
or if in such case it be stated in the plaint that the Act
complained of was done maliciously and without reasonable
and probable cause, the plaintiff, if he recover a verdict for
any damages, or if the defendant allow judgement to pass
against him by default, shall be entitled to his full costs of
suit, to be taxed as between attorney and client.

PART I1

PRELIMINARY PROCEEDINGS

Jurisdiction of
Magistrates.

22. Every Magistrate shall have jurisdiction-
( a ) To receive complaints and information of all

offences and to cause to be brought before him either
by summons or warrant, all persons charged with such
offences;

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Magistrate's Code of Procedure (CAP. 255 19

( b ) T o issue search warrants as hereinafter
provided;

(c) To investigate all charges which he is not
empowered to try summarily and to dismiss the accused
or to commit him for trial before the High Court;

(d) (i) To try summarily and to convict and
sentence all persons charged with commit-
ting offences which he is empowered to try
summarily by any Act;

(ii) To make orders for the support, education,
and burial of illegitimate children, and for
the support of wives deserted by their
husbands;

(iii) To make and give all such convictions,
sentences, and orders as under any Act he
is authorized to make or give and which
may be carried out and enforced by fine
or imprisonment in the first instance;

(e) To arbitrate in disputes relating to salvage and
the title to wreck where the amount in dispute does not
exceed two hundred and forty dollars;

Cf) (i) To try any civil action founded on contract
when the debt, demand or value of the
thing claimed, or rent in arrear is not more
than fifteen hundred dollars;

(ii) To try any action founded in tort where
the demand or damage claimed is not more
than fifteen hundred dollars:

Provided that the Magistrate shall not have
any jurisdiction over any suits for malicious
prosecution, false imprisonment, libel, slander,
seduction or breach of promise of marriage;

(iii) To make orders for the paying of any sum
of money declared by any Act to be a civil
debt and to be recoverable summarily;

(iv) To make orders for the doing or the
abstaining from doing of any act prescribed
to be done or not to be done by any Act
where such Act does not prescribe that such

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20 CAP. 255) Magistrate's Code of Procedure

order is to be enforced by fine or by
imprisonment in the first instance.

(g) T o bind over persons to keep the peace and
be of good behaviour;

(h) To admit to bail persons charged with or
committed for trial for any offence save only as
hereinafter mentioned;

(2) T o bind over prosecutors and witnesses by
recognizances to prosecute and give evidence;

@ To order the condemnation and sale of any
vessel or thing liable to forfeiture on the committing
of any offence punishable by a court of summary
jurisdiction;

(k) T o enforce the payment of any fine imposed
by them by warrant of distress or imprisonment;

(I) To administer oaths to any person or persons
for the purpose of levying penalties or making distresses
directed to be levied or made by any Act thereof or for
the purpose of justifying upon oath the sufficiency of
any bail;

(m) To exercise such other powers and do such
other acts not hereinbefore mentioned as may be
prescribed by this Act or by any other past or future Act.

When Magistrate 23. In all cases where a charge or complaint is made
may issue his
summons. before a Magistrate-

(a) That any person has committed or is suspected
of having committed any indictable offence within the
limits of the jurisdiction of such Magistrate or that any
person guilty or suspected to be guilty of having
committed such offence as aforesaid out of the
jurisdiction of such Magistrate is to be found or likely
to be found within the limits of the same;

( b ) That any person being within the jurisdiction
of such Magistrate has committed or is suspected of
having committed any offence punishable on summary
conviction;

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Macistrate's Code of Procedure (CAP. 255 2 1

(c) That any person being within such jurisdiction
as aforesaid, has done any act or omitted to do any act
for which commission or omission as aforesaid he is liable
to have an order made against him by such Magistrate
for the payment of any fine or for the doing or the abs-
taining from doing any act;

(d) That any person within such jurisdiction as
aforesaid is likely to commit a breach of the peace;

the Magistrate may issue his summons directed to such
person requiring him to appear before the Magistrate's Court
at the time to be therein mentioned to answer the said charge
or complaint and to be further dealt with according to law.

24. The charge shall (subject as hereinafter How complaint
mentioned) be laid on complaint and the complaint may, to be laid.

in the discretion of the Magistrate, be reduced into writing.

25. Every complaint shall be for one matter only and To be of one
not for two or more matters. But it shall be lawful for the at

prosecutor to lay one or more complaints against the same
person at the same time. And the Magistrate hearing the
complaint may where he considers it necessary, deal with
such complaints either together or separately.

26. (1) It shall be lawful for any person to make a Information and
Complaint.

complaint against any person committing an offence
punishable on summary conviction unless it appears from
the enactment on which the complaint is founded that any
complaint for such offence shall be made only by a particular
person or class of persons.

(2) (a) It shall be lawful for any police officer, to lay
any information or make any complaint in the name
of the Commissioner of Police and conduct any such
proceedings on his behalf.

(6) Every such information or complaint shall be
signed by the police officer laying or making the same
and such police officer shall be deemed for all purposes
of this Act other that those specified in this subsection
to be the complainant; and proceedings under such
information or complaint shall not lapse or be deter-

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22 CAP. 255) Mazistrate's Code of Procedure

mined by reason of any change of the police officer in
charge as aforesaid.

(c) No such proceedings shall be dismissed by
reason only of the.failure of the Commissioner of Police,
to appear in person or by counsel or solicitor, provided
that he be represented by any police officer for the time
being present in Court.

Magistrate has 27. Nothing hereinbefore contained shall oblige any
discretion to
=fuse summons. Magistrate to issue any such summons, and if the Magistrate

in his discretion refuses to issue a summons, the person
applying for the same may require the Magistrate to give
him a written certificate of refusal and may apply to any
Judge of the High Court for an Order directing the
Magistrate to issue the summons sought for on such sum-
mons as the Judge shall direct.

HOW summons is 28. Every summons shall be served by a peace officer
to be served. or other person to whom the same may be delivered upon

the person to whom it is directed by delivering it to him
personally or if he cannot be conveniently found by leaving
it with some person for him at his last or most usual place
of abode.

Offences
committed on

29. Where any person has committed or is suspected
vessels within the of having committed any offence punishable on summary
waters Antigua conviction in or upon any ship, vessel, or boat within any
and Barbuda.

of the waters of Antigua and Barbuda, the same may be
dealt with and determined by the Magistrate off the shores
of whose district the ship, vessel, or boat may be at the time
of the commission of the offence, or near to the shore of
whose district the ship, vessel, or boat, after the commission
of the offence, may anchor or touch, and any summons or
warrant issued by such Magistrate in respect of the
commission or supposed commission of such offence may
be served or executed, as the case may be, on board of such
ship, vessel, or boat while, or on any subsequent occasion
when, such ship, vessel or boat is within the waters of Antigua
and Barbuda.

HOW service is to 30. The person who serves the summons shall attend
be proved.

before the Magistrate at the time and place mentioned therein
to depose if necessary to the service thereof.

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Magistrate's Code of Procedure (CAP. 255 2 3

3 1. If the person served with the summons does not ::Af'zy;oes
appear at the time and place mentioned in the summons ,,, appear
and it be made to appear to the Magistrate on oath that warrant may

issue. the summons was duly served within a reasonable time before
the time of his appearance as aforesaid the Magistrate after
taking such evidence on oath to substantiate the matter of
the complaint as he shall consider necessary may issue his
warrant to apprehend the person so summoned as aforesaid
and to bring him before a Magistrate to answer to the said
complaint and be further dealt with according to law.

32. In all cases where a charge is made in respect E:;::;:;c;;
of an offence punishable either on indictment or on summary first
conviction the Magistrate, if he thinks it expedient that a
warrant be issued in the first instance, may take an
information and require such evidence in that behalf as he
considers necessary to substantiate the matter of the
information and may issue his warrant in the first instance
to apprehend such person as aforesaid and to cause him to
be brought before him or any other Magistrate to answer
the charge and to be dealt with according to law. And the
Magistrate may issue such warrant as aforesaid
notwithstanding that a summons in respect of the matter
charged has been issued at any time before the time of
appearance in such summons mentioned:

Provided that where a warrant is issued in the first
instance the Magistrate shall furnish a copy or copies thereof
and cause a copy to be served on each party apprehended.

33. In all cases of indictable offences committed on As to warrant
when offence is

the high seas or in any creek, harbour or in other place in co,m;tted ,he
which the Government of Antigua and Barbuda or the LFo;r;e;;d
Admiralty of England have or claim to have jurisdiction and
in all cases of offences committed on land beyond the seas
for which an indictment may be preferred or the offender
may be arrested in Antigua and Barbuda the Magistrate may
on information laid as in the last preceding section mentioned
issue his warrant to apprehend such person to be dealt with
as herein and hereby directed.

34. Every warrant issued by a Magistrate to ea:,"az;m of
aw~rehend any person may be issued at any time or on any . ' , .
day and shall be under the'hand and seal ok the ~ a ~ i s t r a t e ;

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2 4 CAP. 255) Magistrate's Code of Procedure

and may be directed to a member of the Police Force and
to all peace officers of Antigua and Barbuda; and it shall
state shortly the act charged and shall name or otherwise
describe the person to be apprehended and it shall order the
person or persons to whom-it is directed to apprehend the
person so named or described as aforesaid and bring him
before the Magistrate issuing the warrant or before some
other Magistrate to answer the charge and to be further dealt
with according to law.

When and where
warrant may be

35. It shall not be necessary to make the warrant
executed. returnable at any articular time but the same mav remain , .

in force until executed. And it may be executed by any peace
officer in any part of Antigua and Barbuda without being
backed by any other Magistrate in any other district.

Proceedings on
arrest.

36. When a person has been apprehended under a
warrant he shall be brought before the Magistrate so issuing
the warrant, or any Magistrate acting for him, who shall
thereupon either by his warrant commit him to prison or
verbally to the custody of the officer apprehending him, or
to such other safe custody as he thinks fit and may order
him to be brought up at a certain time and place before him,
and shall give notice of such order to the person laying the
information or complaint but no committal under this section
shall exceed one week.

Proceedings on
arrest without

37. A person taken into custody for any offence
warrant. without a warrant shall be brought before a Magistrate as

soon as practicable after he is so taken into custody and if
it is not, or will not be practicable to bring him before a
Magistrate within 24 hours after he has been so taken into
custody any member of the Police Force in charge of any
police station shall enquire into the case and except where
the offence appears to him to be of a serious nature shall
discharge the prisoner upon his entering into a recognizance
with or without sureties for a reasonable amount to appear
before some Magistrate at the time and place mentioned in
the recognizance.

Search warrant. 38. (1) Where a Magistrate is satisfied on evidence
upon oath that there is reasonable cause to believe that any
property whatsoever on or with respect to which any larceny
or other felony has been committed is in any place or places

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Magistrate's Code of Procedure (CAP. 255 2 5

he may grant a warrant to search such place or places for
such property. And if the same or any part thereof be there
found to bring the same before the Magistrate granting the
warrant or some other Magistrate of Antigua and Barbuda.

(2) Any search warrant may be issued and executed
at any time, and may be issued and executed on a Sunday.

39. A warrant or summons issued by a Magistrate Warrant not to
shall not be avoided by reason of the Magistrate who signed 21;' ,drth Or
the same dying or ceasing to hold office. Magistrates.

40. It shall not be necessary that the Magistrate who Different
acts before or after the hearing of a case should be the Magistrates.
Magistrate by whom the case is or was heard and determined.

PART 111

PRELIMINARY INQUIRIES

41. The room or place in which a Magistrate shall Court House not
hold a preliminary inquiry shall not be deemed an open Court :o,bftan Open
for that purpose. It shall be lawful for the Magistrate in his
discretion to order that no person shall have access to or
be or remain in such room or place, the counsel or solicitor
of any person then being in Court as a prisoner only excepted,
without the consent of the Magistrate if it appears to him
that the ends of justice will be best answered by so doing.

42. Whenever any charge has been brought against ~e l i fn inary
any person of an offence not triable summarily a preliminary ~ ~ e u ~ ~ t ~ ~ ~ e
inquiry shall be held as hereinafter provided. summarily.

43. Where a child or young person is charged with Summary trial of
an indictable offence other than homicide the Magistrate may, { ~ ~ ~ ~ ~ & f r
without consulting the parent or guardian of the child Or offences.
young person, deal with him summarily and shall so deal
with him unless some other person who is charged jointly
with him and is not a child or young person is committed
for trial, in which case the Magistrate may, if in the interests
of justice he thinks it necessary so to do, also commit the
child or young person for trial.

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2 6 C A P . 255) Magistrate's Code of Procedure

Power to remand
in order to 44. Where the parent or guardian of such child or
secure the young person as aforesaid is not present when the charge
presence of
parent or is being heard by the Magistrate the Magistrate may remand
guardian. such child or young person as aforesaid for the purpose of

causing notice to be served on such parent or guardian with
a view as far as practicable of securing his attendance at the
hearing of the charge, or the Magistrate may deal with the
case summarily:

Offences triable
either on

45. (1) Where any person is charged with an offence
indictment or that is by virtue of any enactment both an indictable offence
summarily. and a summary offence, the Magistrate dealing with the

charge shall, if the person charged is not a child or young
person, proceed as if the offence were not a summary offence,
unless the Magistrate, having jurisdiction to try the charge
summarily, determines on the application of the prosecutor
to do so.

(2) An application under subsection (1) shall be made
before any evidence is called and, if the person charged fails
to appear to answer the charge, may be made in his absence.

( 3 ) Where a Magistrate has, in pursuance of
subsection (1) begun to hold a preliminary inquiry, then,
if at any time during the inquiry it appears to the Magistrate,
having regard to any representations made in the presence
of the person charged, by the prosecutor, or made by the
person charged, and to the nature of the case, that it is proper
to do so, the Magistrate may proceed to try the case
summarily; but if the prosecution is being carried on by the
Director of Public Prosecutions, the Magistrate shall not act
under this subsection without the Director's consent.

(4) A Magistrate proceeding to try a case summarily
under subsection (3) shall, before asking the accused whether
he pleads guilty, cause the charge to be written down, if this
has not already been done, and read to him.

(5) Where, under subsection (1), a Magistrate has begun
to try an information summarily, the Magistrate may, at
any time before the conclusion of the evidence for the
prosecution, discontinue the summary trial and proceed to
hold a preliminary inquiry.

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Magistrate's Code of Procedure (CAP. 255 27

(6) Nothing in this section shall affect any enactment
enabling the person charged or the prosecutor to claim that
a summary offence shall be tried by a jury.

46. Where an adult is charged with an indictable z:;r;zr;~lt
offence set forth in the second column of the First Schedule summarily.
the Magistrate at any time during the hearing of the case
may having regard to all the circumstances of the case cause First Schedule.
the charge to be reduced into writing and read to the person
charged and he shall then question him to the following
effect-

"Do you desire to be tried by a jury or do you consent
to the case being dealt with summarily?"

and shall add a statement if necessary of the meaning of the
case being dealt with summarily and of the time at which
he would probably be tried by the High Court and if he
does not object to be tried summarily the Magistrate may
deal summarily with the case as hereinafter provided.

47. Where an adult is charged with an indictable Where an adult
offence set forth in the first column of the First Schedule Pl(;dFdzip
and the Magistrate at any time during the hearing of the with summarily.
case becomes satisfied that the evidence is sufficient to put First
the person so charged on his trial and also satisfied that the
case, having regard to all the circumstances, is one which
may be properly dealt with and adequately punished under
this Act, he may cause the charge to be reduced into writing
and read to the person charged and shall then explain to
such person as aforesaid that he is not obliged to plead or
answer and that if he pleads guilty he will be dealt with
summarily and that if he pleads not guilty he will be dealt
with in the usual course and shall if necessary add a state-
ment of the meaning of the case being dealt with summarily
and in the usual course and a statement as to the time at
which he would probably be tried by the High Court and
shall further explain to him that he is not obliged to say
anything unless he desires to do so, but that whatever he
says will be taken down in writing and may be given in
evidence upon his trial and shall give him clearly to
understand that he has nothing to hope from any promise
or favour and nothing to fear from any threat which may
have been held out to him to induce him to make any
admission or confession of his guilt but that whatever he then

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28 CAP. 255) Magistrate's Code of Procedure

says may be given in evidence upon his trial notwithstanding
such promise or threat and shall then ask him whether he
is guilty or not of the charge and if he says that he is guilty
the Magistrate shall thereupon deal with him summarily as
hereinafter provided. And if he says that he is not guilty,
the Magistrate shall proceed as herein provided for the
procedure at a preliminary inquiry.

Reduction of
charge from

48. Where, on the holding of any preliminary inquiry
indictable to On a charge of an indictable offence, the Magistrate is of

offence. opinion that the evidence establishes, or appears likely to
establish, the commission of a summary offence of a like kind
to the offence charged, or an abetment of, or an attempt
or incitement to commit, that summary offence, the
Magistrate may, if he thinks fit, inform the accused person
accordingly, and all further proceedings in the matter
thereafter shall be the same as if a complaint had been made
against the person for the latter offence or abetment, attempt,
or incitement.

Magistrate to
explain

49. Where the Magistrate proceeds under section
committal for 45 (3), 46 or 47 with a view to summary trial, he shall explain
sentence. to the person charged that if he is tried summarily and is

convicted he may be committed for sentence to the High
Court under section 100 if the Magistrate, on obtaining
information of his character and antecedents is of the opinion
that they are such that greater punishment should be inflicted
than the Magistrate has power to inflict.

Power to remand
in order to

50. Where a person is charged with an indictable
ascertain if case offence with which the Magistrate may have power to deal

be dealt summarily, the Magistrate may for the purpose of
with summarily.

ascertaining whether it is expedient to deal with the case
summarily, either before or during the hearing of the case,
from time to time adjourn the case and remand the person
accused.

Evidence to be 51. When the accused appears or is brought before
taken on oath.

the Magistrate, the Magistrate except where otherwise in
this Act provided, shall take the evidence upon oath of the
witnesses called in support of the charge offered on the part
of the prosecution.

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Magistrate's Code of Procedure (CAP. 255 2 9

52. The evidence of every witness shall be given in Witness to be
examined in the presence of the accused and he or his counsel or solicitor presence of

shall be entitled to cross-examine such witness upon all facts accused who may
cross-examine. relevant to the charge, but not, except with leave of the Court,

upon matter relevant only as affecting his credit.

53. As each witness gives his evidence the material Depositions.
part of it shall be taken down in writing by the Magistrate
in narrative form, or, if and so far as the Magistrate may
think fit, in the form of question and answer:

Provided that if the Magistrate is from any cause unable
to take down the evidence in writing, the same shall be taken
down in writing by the Clerk of the Court under the
Magistrate's direction.

The evidence of a witness so taken down shall be read
over to the witness and shall be signed by him and by the
Magistrate, and such evidence so taken down and read over
and signed as aforesaid shall be deemed to be a deposition.

54. A Magistrate shall in all cases other than criminal :;egis:;,' t;
cases to which section 53 applies take notes in writing of ..;denCe.
the evidence, or of so much thereof as is material, in a book
to be kept for that purpose, and such book shall be signed
by the Magistrate at the conclusion of each day's proceedings:

Provided that if the Magistrate is from any cause unable
to take such notes the same shall be taken by the Clerk of
the Court under the Magistrate's direction.

55. When the examination of all the witnesses for the Masistrate to
dismiss the prosecution is completed, the Magistrate may either dismiss charge or call on

the charge and if the accused is in custody make an order accused for his
defence.

for his release or he may call upon the accused for his defence
as hereinafter provided.

56. If the Magistrate shall not dismiss the charge he ~ ~ ; c ; ~ e ~ ~ ~
shall say to the accused these words or words to the like effect: hi, defence.

"Having heard the evidence do you wish to say anything
in answer to the charge? You are not obliged to do so
unless you desire to do so, but whatever you say will
be taken down in writing and may be given in evidence
upon your trial. And I give you clearly to understand
that you have nothing to hope from any promise of

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CAP. 255) Magistrate's Code of Procedure

Accused may
show cause and
call witnesses.

Magistrate to
dismiss the
charge or to
commit for trial.

Prosecutor and
witnesses to be
bound over to
appear at trial of
accused.

favour and nothing to fear from any threat that may
have been held out to you to induce you to make any
admission or confession of your guilt, but whatever you
now say may be given in evidence on your trial
notwithstanding such promise or threat"

and whatever the prisoner then says in answer thereto shall
be taken down in writing and read over to him and shall
be signed by the Magistrate and kept with the depositions
of the witnesses and shall be transmitted with them as
hereinafter mentioned:

Provided that nothing herein contained shall prevent
any prosecutor from giving in evidence any admission or
confession or other statement made at any time by the person
accused or charged which by law would be admissible in
evidence against him.

57. The accused or his counsel or solicitor may then
show cause why the Magistrate should not commit him for
trial and may call witnesses in his defence and their evidence
shall be taken in the same manner and form as that of the
witnesses for the prosecution and if duly taken, read over,
and signed, shall be deemed to be depositions.

58. When the accused has been heard and his
witnesses (if any) examined, the Magistrate shall either
dismiss the charge and if the accused be in custody make
an order for his release, or shall commit him for trial before
the Circuit Court which shall next be held after such com-
mittal as aforesaid in the Circuit in which the offence charg-
ed has been committed:

Provided that if the day of committal shall be so near
the day for the holding of the Circuit Court that in the opinion
of the Magistrate it would not be practicable for the case
to be tried by such Circuit Court as aforesaid, it shall be
lawful for him to commit the accused to the Circuit Court
next following such Circuit Court as aforesaid.

59. It shall be lawful for any Magistrate upon
committing any accused person for trial to bind by
recognizance as hereinafter prescribed the prosecutor and
all witnesses giving evidence to appear at the High Court
before which the accused person is to be tried then and there
to prosecute, or to prosecute and give evidence or to give

LAWS OF ANTIGUA AND BARBUDA

Magistrate's Code of Procedure (CAP. 255 3 1

evidence, as the case may be. And the Magistrate shall except
where in this Act it is otherwise provided cause the several
recognizances so taken together with the written information
(if any) the depositions, the statement of the accused and
the recognizances of bail (if any) to be forthwith delivered
to the Registrar:

Provided that if any witness shall refuse to enter into
or acknowledge such recognizance as aforesaid it shall be
lawful for the Magistrate by his warrant to commit him to
prison there to be safely kept until after the trial of such
accused person as aforesaid unless in the meantime such
witness shall duly enter into such recognizance before a
Magistrate.

60. When the Magistrate has committed the accused ~,"~$~;nto be
person for trial he shall, unless he shall admit such person committed to
to bail, as hereinafter provided, commit him by his warrant ~2:::
to the prison to which he may by law be committed, to be
there safely kept until delivered in due course of law.

61. The peace officer or other person to whom any Peace officer to
convey him to warrant of commitment is directed shall convey the accused prison and

person therein named or described to the prison therein deliver him to
mentioned and there deliver him together with the warrant
to the keeper of such prison who shall thereupon give to such
peace officer or other person as aforesaid a receipt for the
prisoner setting forth the state and condition of the prisoner
when delivered into his custody.

62. (1) Where the offence with which the accused F:;":ft:;d
person is charged is a misdemeanour punishable with a fine
or with imprisonment, with or without hard labour, for any
term not exceeding two years, the accused person shall be
entitled to be admitted to bail as is hereinafter mentioned.

(2) Where the offence with which the accused person
is charged is a misdemeanour punishable otherwise than as
is hereinbefore in this section mentioned, or, subject to the
exceptions hereafter in this section mentioned, is a felony,
the Magistrate may, in his discretion, admit the accused
person to bail as is hereinafter mentioned.

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32 CAP. 255) Magistrate's Code of Procedure

(3) A Magistrate shall not admit to bail any person
charged with high treason, treason, misprison of treason,
treason felony or murder;

(4) A Judge of the Supreme Court may order a
Magistrate to admit a person to bail in any case.

Magistrate may
admit to bail at

63. In cases mentioned in section 62 the Magistrate
any time. at any time before the first day of the sitting of the Court

at which the accused is to be tried, may admit him to bail
as hereinafter provided or may certify on the back of the
warrant of committal, the amount of bail to be required in
which case any other Magistrate may admit the accused to
bail in such amount at any time before such first sitting of
the Court as aforesaid.

When Magistrate
may admit to

64. Where any person appears or is brought before
bail on a Magistrate charged with a misdemeanour or a felony other
adjournment of than high treason, treason or felony punishable with death,
hearing.

and it becomes necessary to adjourn the inquiry and to
remand the accused, or to complete the inquiry before a
Magistrate in some other district then in the case of a charge
of misdemeanour as aforesaid and in the case of a charge
of felony as aforesaid where the Magistrate shall not consider
the evidence given to be sufficient to put the accused upon
his trial, or to raise a strong presumption of guilt, the
Magistrate may admit the accused to bail as hereinafter
prescribed until such time as the inquiry shall be resumed.

Warrant of
deliverance.

65. In all cases where the Magistrate admits to bail
any person charged with the offence for which he is so
admitted to bail he shall cause to be lodged with the keeper
of the prison in which such accused person is detained a
warrant of deliverance under his hand and seal requiring
such keeper to discharge the person so admitted to bail if
he be not detained for any other offence, and upon such
warrant being lodged with the keeper as aforesaid he shall
forthwith obey the same.

Person bailed to 66. Every accused person before being admitted to
enter into
recognizances for bail shall enter into recognizances as hereinafter prescribed
his re- either with or without a surety or sureties at the discretion
appearance.

of the Magistrate before whom they are taken conditioned

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Magistrate's Code of Procedure (CAP. 255 3 3

for his appearance at the time and place mentioned in such
recognizance.

67. In d l cases of felony or suspicion of felony and Judge may order
accused to be

in all cases of misdemeanour when an accused person has admitted to bail.
been committed for trial as hereinbefore provided or as
provided by any Act in force in Antigua and Barbuda relating
to the duties of Coroners any Judge of the High Court may
on application made to him for that purpose and on notice
to the Director of Public Prosecutions or in his absence then
to the officer if any for the time being in charge of the police
in Antigua and Barbuda, order such accused person to be
admitted to bail on entering into recognizances with sufficient
sureties before a Magistrate in such amount as the Judge
shall direct and thereupon the Magistrate shall issue a warrant
of deliverance and shall attach thereto a copy of the order
directing the admission of such person to bail.

68. When any person has been committed for trial to
by any Magistrate or Coroner the prisoner, his counsel or Judge to be
solicitor may notify to the committing Magistrate or Coroner er;mging
that he will so soon as counsel can be heard move before Magistrate or
one of the Judges of the High Court to admit the prisoner Coroner.
to bail. Whereupon such committing Magistrate or Coroner
if the same are in his possession shall with all convenient
speed transmit to the Registrar all informations and evidence
touching the offence with which the prisoner has been charged
together with a copy of the warrant of commitment and
inquest (if any).

69. At any time after all the witnesses have been p;;:dp;t$'ed
examined and before the first sitting of the Court to which depositions on
the accused is committed for trial the accused may require payment.
and shall be entitled to have from the officer having the
custody of the same, copies of the depositions on which he
has been committed on payment of a reasonable sum for
the same not exceeding the rate of four cents for each folio
of 100 words.

70. The Magistrate holding a preliminary inquiry on Committal for
trial without

a charge of an indictable offence may, if satisfied that all consideration of
the evidence before the court (whether for the prosecution evidence.
or defence) consists of written statements tendered to the court

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3 4 CAP. 255) Magistrate's Code of Procedure

under section 7 1 , with or without exhibits commit the
defendant for trial for the offence without consideration of
the contents of those statements, unless-

( a ) the defendant or one of the defendants is not
represented by counsel;

( b ) counsel for the defendant or one of the
defendants, as the case may be, has requested the court
to consider a submission that the statements disclose
insufficient evidence to put that defendant on trial by
jury for the offence.

Written
statements in

71. (1) In committal proceedings a written statement
committal by any person shall, if the conditions mentioned in
proceedings. subsection ( 2 ) are satisfied, be admissible as evidence to the

like effect as oral evidence to the like effect by that person.

( 2 ) The following are the conditions referred to in
subsection (1)-

( a ) the statement purports to be signed by the
person who made it;

(6) the statement contains a declaration by that
person to the effect that it is true to the best of his
knowledge and belief, and that he made the statement
knowing that, if it were tendered in evidence, he would
be liable to prosecution if he willingly stated in it
anything which he knew to be false or did not believe
to be true;

(c) before the statement is tendered in evidence,
a copy of the statement is given, by or on behalf of the
party proposing to tender it, to each of the other parties
to the proceedings; and

(d) none of the other parties, before the statement
is tendered in evidence at the enquiry, objects to the
statement being so tendered under this section.

( 3 ) Notwithstanding that a written statement made by
any person may be admissible under this section at an
enquiry, the examining magistrate may, on his own motion
or on the application of any party to the proceedings, require
that person to attend before him and give evidence.

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Magistrate's Code of Procedure (CAP. 255 3 5

(4) So much of any statement as is admitted in evidence
under this section shall, unless the magistrate commits the
accused for trial under section 70 or the magistrate otherwise
directs, be read aloud at the hearing, and where the
magistrate so directs an account shall be given orally of so
much of any statement as is not read aloud.

(5) Any document or object referred to as an exhibit
and identified in a written statement tendered in evidence
under this section shall be treated as if it had been produced
as an exhibit and identified in court by the maker of the
statement.

72. Where a Magistrate commits any person for trial Notice of result
of committal or dismisses the charge against him, the clerk of the court proceedings.

shall on the day on which the committal proceedings are
concluded or the next day, cause to be displayed in a part
of the court house to which the public have access, a notice-

(a) in either case, giving that person's name,
address, and age, if known;

(b) in a case where the magistrate so commits him
stating the charge or charges on which he is committed;

(c) in a case where the magistrate discharges him,
describing the offence charged and stating that he has
been so discharged.

PART IV

SUMMARY JURISDICTION (CRIMINAL)

73. The room or place in which the Magistrate sits 2% 2;'';
shall be deemed an open Court. Court.

74. The person bringing the charge and the person ~ ~ ~ ; r ~ ~ ~ ~ ~ ;
charged may conduct their own case or may appear by by counsel.
counsel or solicitor.

75. In all cases where no time is specially limited for Ez;:;:l'f:
making any charge in the Act or law relating to the particular otherwise
case such charge shall be made within six months from the provided.
time when the matter of the charge arose.

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3 6 CAP. 2 5 5 ) Magistrate's Code of Procedure

Where accused
liable to
imprisonment for
more than six
months he may
claim to be

76. When a person is charged with any offence
punishable on summary conviction with imprisonment for
a period exceeding two years the Magistrate shall address
him to the effect following-

committed for
trial. "You are charged with an offence in respect to the

commission of which you are entitled if you desire it
instead of being dealt'with summarily to. be tried by
a jury. Do you desire to be tried by a jury?"

and he shall add a statement if necessary of the meaning
of being dealt with summarily and of the probable time at
which such person would be tried if tried at the High Court.
And if such person shall elect to be tried by a Jury the
Magistrate shall deal with the case as though such person
had been charged with an indictable offence not triable
summarily and the offence with which he is charged shall
be deemed to be an indictable offence:

Provided that this section shall not apply to a child unless
the parent or guardian of such child is present and if the
parent or guardian of such child is present the Magistrate
shall address the above question to such parent or guardian:

Provided also that nothing in this section or Act
contained shall in any way interfere with or curtail the
summary jurisdiction of Magistrates in trials of offences-

Cap. 405. ( a ) Under the Small Charges Act;
Cap. 298. (b) Under the Obeah Act;

(c ) Where the Magistrate himself is given a
direction to try the case summarily or commit the
offender for trial for an indictable offence;

Cap. 396. (d) Under the Sedition and Undesirable
Publications Act.

If defendant does
not appear

77. If at the time and place of hearing mentioned in
Magistrate may a summons the defendant does not appear and it be proved
proceedexparte. on oath that the summons was duly served on him a

reasonable time before the time appointed for his appearance,
and if the Magistrate does not think it expedient to issue
his warrant for the apprehension of such person the
Magistrate may proceed ex parte to adjudicate on the case
as fully as if the defendant had duly appeared.

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Magistrate's Code of Procedure (CAP. 255 3 7

78. If at the time and place appointed the defendant If prosecutor
does not appear appears, or is brought before the Magistrate, and the person Magistrate may

making the charge, having had due notice does not appear, dismiss or
the Magistrate shall dismiss the charge unless he thinks it ad~Ourn.
proper to adjourn the hearing till some other day.

79. Ifat any time and place appointed neither party :k;zfkp party
appears the Magistrate may dismiss or adjourn the case as Magistrate may
to him shall seem fit. dismiss or

adjourn.

80. If at the time and place appointed for any If on adjourned
hearing either adjourned hearing either or both parties do not appear the party does not

Magistrate may then and there proceed with the further appear
Magistrate may hearing of the case as if the party or parties were present. proceed.

8 1. If both parties appear the Magistrate shall cause If both parties
the substance of the charge to be stated to the defendant ~ ~ ~ ~ f d ~
and shall ask him if he has any cause to show why he should
not be convicted.

82. If the defendant admits the truth of the charge $:;:$;;
and if he shows no cause as aforesaid, the Magistrate shall Magistrate to
convict him. convict him.

83. If he does not admit the truth of the charge the If defendant
pleads not guilty Magistrate shall hear the prosecutor, and such evidence as Magistrate to

he may adduce and shall also hear the defendant and such kz; ;:rd;z of
evidence as he shall adduce in his defence and also such
evidence as shall be tendered in reply if the defendant has
given any evidence other than as to his character.

84. Where a complaint is laid by one or more parties cross complaints.
against another party or parties, and there is a cross complaint
by the defendant or defendants in such first named case either
by himself or themselves or together with another person
or other persons against the complainant or complainants
in the first named case either by himself or themselves or
together with another person or other persons, and such cross
complaints are with reference to the same matter, the
Magistrate may, if he thinks fit, hear and determine such
complaints at one and the same time.

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38 CAP. 255) Magistrate's Code of Procedure

Neither party to
have right of 85. The prosecutor shall not be entitled to make any
reply on the observations in reply upon the evidence given by the
other. defendant nor the defendant upon the evidence given in reply

by the prosecutor, but this shall not preclude counsel on either
side from addressing the Court on the whole case.

Magistrate then
to determine the

86. The Magistrate shall then consider the whole
case. matter and determine the same, and shall either dismiss the

charge or convict the defendant

Offence charged-
attempt proved.

87. (1) Where the complete commission of the offence
Attempt charged- charged is not proved, but the evidence establishes an attempt
full offence
proved.

to commit the offence, the defendant may be convicted of
such attempt and punished accordingly:

Provided that, after conviction for such attempt, the
defendant shall not be liable to be prosecuted again for the
same offence which he was charged with committing.

(2) Where an attempt to commit an offence is charged,
but the evidence establishes the commission of the full offence,
the defendant shall not be entitled to have the complaint
dismissed, but he may be convicted of the attempt and
punished accordingly:

Provided that, after conviction for such attempt, the
defendant shall not be liable to be prosecuted again for the
offence which he was charged with attempting to commit.

If he dismisses
the case

88. If he shall dismiss the case upon the merits he
defendant may when required to do so make an order of dismissal and
entitled to
certificate of

give the defendant a certificate thereof which shall without
dismissal. further proof be a bar to any subsequent charge for the same

matter against the same party.

If he convicts
conviction to he

89. If he shall convict the defendant a minute or
drawn up. memorandum therefor shall be then made for which no fee

shall be paid and the conviction shall subject to any rules
made in pursuance of this Act, afterwards be drawn up by
the Magistrate in proper form under his hand and seal.

Magistrate may 90. In d cases of summary conviction the Magistrate
award costs to
prosecutor. may in his discretion award and order that the defendant

shall pay to the prosecutor such costs as to the Magistrate
shall seem reasonable not exceeding one hundred dollars.

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Magistrate's Code of Procedure (CAP. 255 39

91. In all cases where the Magistrate dismisses the Magistrate may
award costs to charge he may in his discretion award and order that the the defendant.

prosecutor shall pay to the defendant such costs as to the
Magistrate may seem reasonable not exceeding one hundred
dollars.

92. The sums so allowed for costs shall in all cases z;ttpr;';;;ble
be specified in the conviction or order of dismissal and the
same shall be recoverable in the same manner and by the
same warrants as any fine adjudged to be paid by the
conviction is to be recovered, and where there is no fine to
be recovered such costs shall be recoverable by distress as
hereinafter provided, and in default of distress by imprison-
ment with or without hard labour for any time not exceeding
one month which may be made, to commence at the
termination of the imprisonment the defendant shall be then
undergoing, unless such costs and all costs and charges of
the distress and also the costs and charges of the commitment
and conveying of the defendant to prison, if the Magistrate
shall think fit so to order, are sooner paid.

93. Where any charge is dismissed with costs the sum Defendat's costs
recoverable by

awarded for costs in the order of dismissal may be recovered distress.
by distress in the same manner as costs may be recovered
under the last preceding section.

94. Where a fine adjudged by a conviction to be paid No costs if fine
does not exceed

does not exceed one dollar and twenty cents then except so 51.20.
far as the Magistrate may think fit expressly to order other-
wise an order shall not be made for payment by the defendant
to the prosecutor of any costs: and the Magistrate shall except
so far as he thinks fit expressly to order otherwise direct all
fees payable or paid by the prosecutor to be remitted or
re-paid to him and he may also order the fine or any part
thereof to be paid to the prosecutor in or towards the payment
of his costs.

95. (1) The Magistrate, if he thinks fit, upon the :,",";::itio.
application of any person aggrieved, and immediately after
the conviction of any person, may award any sum not
exceeding fifteen hundred dollars in addition to any fine,
as compensation for any personal injury or damage to
property caused by the offence.

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40 CAP. 255) Magistrate 's Code of Procedure

(2) The sum awarded as compensation under subsection
(1) is deemed a judgement debt due to the person entitled
to receive it from the person convicted; and an order for
payment of such sum may be enforced in the same manner
as costs may be recoverable under section 92.

Powers re
imprisonment

96. In all cases where a Magistrate has jurisdiction
and fine. to inflict imprisonment he may order the imprisonment to

be without hard labour, and reduce the prescribed period
thereof or do either of such acts.

Where he has jurisdiction to impose a fine, if it be in
respect of a first offence, he may reduce the prescribed
amount thereof.

Where he is authorized to inflict imprisonment and has
not the option of imposing a fine he may impose a fine not
exceeding five hundred dollars:

Provided that the amount of the fine so inflicted will
not subject the offender in default of payment to any greater
term of imprisonment than that to which he would have been
otherwise liable.

Where in case either of fine or imprisonment there is
prescribed a requirement for the offender to enter into his
recognizances and to find sureties for keeping the peace and
observing some other condition or to do any of such things
the Magistrate may dispense with any such requirement or
any part thereof:

Provided that this section shall not apply to any
proceedings taken under any Act relating to Her Majesty's
regular or auxiliary forces:

Provided also that this section shall not authorize a
Magistrate to reduce the amount of a fine where the Act
prescribing such amount carries into effect a treaty,
convention, or agreement with a foreign state and such treaty,
convention, or agreement stipulates for a fine of a minimum
amount.

Imprisonment
without option of

97. Where a Magistrate shall convict a person and
a fine. order him to be imprisoned without the option of a fine he

shall by his warrant commit him to prison there to be
imprisoned for the period mentioned in the warrant.

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Magistrate's Code of Procedure (CAP. 255 4 1

98. (1) Where a sentence of imprisonment for a Consecutive
sentences of summary offence is passed on any person the Magistrate . imprisonment.

may order that the sentence shall commence at the expiration
of any other term of imprisonment to which that person has
been previously sentenced, so, however, that where two or
more sentences of a Magistrate are ordered to run
consecutively the aggregate term of imprisonment shall not
exceed eighteen months, unless such sentences include at
least-

(a) two sentences for indictable offences dealt with
summarily by consent; or

( b ) a sentence for an offence for which the
Magistrate was empowered to order a term of imprison-
ment of more than six months,

in which case the aggregate terms of imprisonment shall not
exceed two years.

(2) In subsection (1) "sentence of imprisonment7'
includes cases where imprisonment is imposed on any person
either with or without the option of a fine, or in respect of
non-payment of any sum of money, or for failing to do or
abstaining from doing any act or thing required to be done
or left undone.

(3) Where a person has been sentenced to imprison-
ment in default of payment of a fine, the Magistrate may,
notwithstanding the provisions of subsection ( I ) , order that
the sentence shall begin at the expiration of any term of
imprisonment imposed for that offence on that person in
addition to the fine.

99. Where a Magistrate adjudges the defendant to Where convict is
be imprisoned and the defendant is then undergoing ~ ~ ~ ~ o i n g
imprisonment upon conviction for any other offence the imprisonment.
warrant of commitment for the subsequent offence shall be
forthwith delivered to the officer to whom it is directed.

100. (1) When on the summary trial under sections Committal for
sentence for 45 (3), 46 or 47 of an indictable offence an adult is convicted . .
lndlctable offence

of the offence, then, if on obtaining information about his tried summarily.
character and antecedents the Magistrate is of the opinion
that they are such that greater punishment should be inflicted

, LAWS OF ANTIGUA AND BARBUDA

42 CAP. 255) Magistrate's Code of Procedure

for the offence than the Magistrate has power to inflict, the
Magistrate may commit him in custody to the High Court
for sentence in accordance with the provisions of section 8

Cap. 118. of the Criminal Procedure (Committal for Sentence) Act.

(2) Where a Magistrate commits an offender to the High
Court under subsection (1) after convicting him of an offence,
the Magistrate shall send to the Registrar of the High Court-

(a) a copy signed by the Magistrate of the Minute
or Memorandum of the conviction entered in the
register;

(6) a copy of any note of evidence given at the trial
of the offender, any written statement tendered in
evidence and any deposition;

(c) such documents and articles produced in
evidence before the Magistrate as have been retained
by the Magistrate; and

(6) any report relating to the offender considered
by the Magistrate.

Punishment of
children.

1 . No child convicted under the provisions of this
Act or the Juvenile Act shall be liable to be imprisoned or

Cap. 229. to pay a fine exceeding fifty dollars.

Fine etc., to be
paid by parent

102. (1) Where a child is charged with an offence
or guardian. for the commission of which a fine, damages or costs may

be imposed and the Magistrate or a Juvenile Court is of
the opinion that the case would be best met by the imposition
of a fine, damages or costs, whether with or without any
other punishment, the Magistrate or a Juvenile Court shall
order that the fine, damages or costs awarded be paid by
the parent or guardian of the child instead of by the child,
unless the Magistrate or a Juvenile Court is satisfied that
the parent or guardian cannot be found or that he has not
conduced to the commission of the offence by neglecting to
exercise due care of the child.

(2) An order under this section may be made against
a parent or guardian who, having been required to attend,
has failed to do so, but, save as aforesaid, no such order
shall be made without giving the parent or guardian an
opportunity of being heard.

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Map.istrate's Code of Procedure (CAP. 255 43

(3) Any sums imposed and ordered to be paid by a
parent or guardian under this section may be recovered from
him by distress or imprisonment in like manner as if the
order had been made on the conviction of the parent or
guardian of the offence with which the child was charged.

103. '(1) A young person convicted under this Act ~ ~ ~ ~ ~ ; ~ ~ ~ ; f
shall be liable to be imprisoned without hard labour for a and adults.
period not exceeding three months or to pay a fine not
exceeding two hundred dollars.

(2) An adult convicted under this Act shall be liable
to be imprisoned with or without hard labour for a period
not exceeding six months or to pay a fine not exceeding five
hundred dollars.

104. Where a child or young person is convicted khool .
under the provisions of this or any other Act the Magistrate
or a Juvenile Court may send such child or young person
to a Training School.

105. (1) Where a child or young person is convicted Magistrate
discharge child

as in the preceding sections mentioned the Magistrate if he ,, young
thinks it inexpedient to inflict any punishment may discharge or order

whipping.
the accused.

(2) In any case where any child or young person, being
a male, is convicted before a Magistrate's Court or a Juvenile
Court either Court may, in addition to or in lieu of any other
punishment which it is empowered to inflict, order him to
be whipped.

106. Where a conviction adjudges a fine to be paid Warrant of
distress.

and the amount so adjudged is not paid forthwith the
Magistrate may issue his warrant of distress for the levying
of the same and such warrant shall be in writing under the
hand and seal of the Magistrate.

107. In all cases where a warrant of distress has issued fzp:,""p:;ment
against any person and such person pays or tenders to the of amount leviable.
officer having the execution of the same the sum or sums
in the warrant mentioned together with the amount of the
expenses of the distress up to the time of payment or tender
the officer shall cease to execute the same.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 255) Magistrate's Code of Procedure

When distress
warrant issued 108. In all cases where a Magistrate issues a warrant
Magistrate may of distress he may suffer the defendant to go at large or
suffer defendant verbally or by a written warrant in that behalf may order to go at large or
detain him in him to be k e ~ t in safe custodv until return has been made
prison. to the warrant of distress unless the defendant gives sufficient

security by recognizance or otherwise to the satisfaction of
the Magistrate for his appearance before him at the time
and place appoin~ed for the return of the warrant of distress.

Where return is
nulla bona

109. If at the time and place appointed for the return
Magistrate may of any warrant of distress the officer who has execution of
commit the
defendant.

the same returns that he could find no goods or chattels
whereon to levy the Magistrate may issue his warrant of
commitment directed to the same or any other peace officer
reciting shortly the conviction the issuing of the distress
warrant and the return thereto, and requiring the officer to
convey the defendant to prison and there to deliver him to
the keeper thereof requiring the keeper to receive the prisoner
into such prison and there to imprison him or to imprison
him and keep him to hard labour (as the case may be) in
the manner and for the time prescribed by section 116, unless
and until the sum or sums adjudged to be paid and all costs
and charges of the distress and also all costs and charges
of the commitment if the Magistrate thinks fit so to order
(the amount thereof being ascertained and stated in such
commitment) be paid.

Defendant who
pays after

0 . In all cases in which any person is imprisoned
commitment to for non-payment of any fine he may pay or cause to be paid
be discharged on to the keeper of the prison in which he is confined the sum
payment.

or sums in the warrant of commitment mentioned together
with the amount of the costs, charges, and expenses therein
mentioned and the keeper shall receive the same and shall
thereupon discharge the prisoner if he be in his custody for
no other matter.

Powers of 1 . A Magistrate by whose conviction any sum is
Magistrate when
imposing a fine. adjudged to be paid may do all or any of the following things,

namely-

(a) Order imprisonment in the first instance, unless
such sum be paid forthwith;

(6 ) Allow time for the payment of the said sum;

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Magistrate's Code of Procedure (CAP. 255 45

( c ) Direct payment to be made of the said sum by
instalments;

(4 Direct that the person liable to pay the said sum
shall be at liberty to give to the satisfaction of that
Magistrate, or such person as may be specified by him,
security with or without surety or sureties for the
payment of the said sum or of any instalment thereof
and such security may be given and enforced in manner
provided by this Act;

(e) Issue a warrant of distress for the levying of
the said sums;

Cf) Order imprisonment in default of sufficient
distress or of the payment of any instalment.

112. Where a sum is directed to be paid by :;yz;;:f",fny
instalments and default is made in the payment of any one instalment
instalment, the same proceedings may be taken as if default p rocess to issue

for the whole.
had been made in payment forthwith of the full amount of
the fine or of such amount as remains unpaid.

113. A Magistrate directing the payment of a sum Mode of payment
or of an instalment of a sum may direct such payment to by instalments.

be made at such time or times, and in such place or places
and to such person or persons as may be specified by the
Magistrate; and every person to whom any such sum or
instalment is paid when not the clerk of the Magistrate, shall
as soon as may be account for such sum or instalment to
the Magistrate or to his clerk, if he has a clerk, and pay
over the same into the Public Treasury or, if the Magistrate
shall so direct, to the Magistrate or to his clerk.

114. A Magistrate to whom application is made either c;Lp:?~::nqf
to issue a warrant of distress or for any endorsement thereon distress or
for any sum adjudged to be paid by a conviction or order
or to issue a warrant for committing a person to prison for
non-payment of a sum of money adjudged to be paid by
a conviction, or for default of sufficient distress to satisfy
any such sum, may, if he deem it expedient so to do, postpone
the issue of such warrant until such time and on such
conditions, if any, as to him shall seem just.

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46 CAP. 255) Magistrate's Code of Procedure

Obligation to
allow time for
payment of fines,
etc.

1 15. ( 1) (a) A warrant committing a person to prison
in respect of the non-payment of a sum adjudged to
be paid by a conviction of a Magistrate shall not be
iss;ed forihwith unless the ~ a ~ i s & a t e is satisfied that
such person is possessed of sufficient means to enable
him to pay the sum forthwith, or unless, upon being
asked by the Magistrate whether he desires that time
should be allowed for payment, he does not express any
such desire, or fails to satisfy the Magistrate that he
has a fixed abode within the Magistrate's district, or
unless the Magistrate for any other special reason
expressly directs that no time shall be allowed.

(b) Where any such person desires to be allowed
time for payment the Magistrate in deciding what time
shall be allowed shall consider any representation made
by him, but the time allowed shall not be less than sev&
clear days:

Provided that if before the expiration of the time
allowed the person convicted informs the Magistrate that
he prefers immediate committal to awaiting the
expiration of the time allowed, the Magistrate may if
he thinks fit forthwith issue a warrant committing him
to prison.

(c) In all cases where time is not allowed for
payment, the reasons of the Magistrate for the
immediate committal shall be stated in the warrant of
commitment.

(2) Where time has been allowed for the payment of
a sum adjudged to be paid by a conviction or order of a
Magistrate, the Magistrate may allow further time or he may
direct payment by instalments of the sum so adjudged to
be paid.

(3) The expression "sum adjudged to be paid by a
conviction" includes any costs adjudged to be paid by the
conviction of which the amount is ascertained by such
conviction.

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Magistrate's Code of Procedure (CAP. 255 47

116. The period of imprisonment imposed by a scale of
Magistrate under this or any other Act in respect of the non- i5c;~~;"'"~ in
payment of any sum of money adjudged to be paid by a payment of fine

or of sufficient conviction or in respect of the default of a sufficient distress distress.
to satisfy any such sum or in respect of the default of pay-
ment of any instalment of such sum shall notwithstanding
any enactment to the contrary in any past Act be such period
as in his opinion will satisfy the justice of the case, but shall
not in any case exceed the maximum fixed by the following
scale-

Where the amount The said period
of the sum or sums shall not exceed-
of money adjudged
to be paid-

..................... Does not exceed $50 14 days.

Exceeds $50 but does not exceed $100 30 days.

Exceeds $100 but does not exceed $200 2 months.

Exceeds $200 but does not exceed $500 4 months.

Exceeds $500 ............................... 6 months.
and may be either with or without hard labour in the
discretion of the Magistrate.

7 . Where it has become necessary to issue a :::ao;f payment
warrant for committing a person to prison for non-payment imprisonment to
of a sum adjudged to be paid by a conviction, or for default be reduced.
of sufficient distress to satisfy any such sum, and it appears
to the Magistrate that, either by payment of part of the said
sum, whether in the shape of instalments or otherwise, or
by the net proceeds of the distress, the amount of the sum
so adjudged has been reduced, the Magistrate shall, by his
warrant of commitment, revoke the term of imprisonment
to which the defendant is liable under such conviction, and
order the defendant to be imprisoned for such less period
as in his opinion will satisfy the justice of the case.

118. Where any person has been summarily g;ft;Jte to
convicted and has been sentenced to pay a fine and it shall order attachment
be shown to the Magistrate that there is any sum of money $rt:E:e2;nzd
in the hands of a third person which is due and payable by to pay a fine.
such third person to the person so convicted as aforesaid it

LAWS OF ANTIGUA AND BARBUDA

48 CAP. 255) Magistrate's Code of Procedure

shall be lawful for the Magistrate to order such third person
as aforesaid to pay such sum of money or such part thereof
as will be sufficient to satisfy such fine as aforesaid to such
person or persons as would be by law entitled to receive
payment of such fine as aforesaid in such manner and form
as a garnishee may be compelled to pay over money in his
hands for the satisfaction of a judgement debt under any
Act for the time being in force in Antigua and Barbuda in
that behalf and such Magistrate shall have the same powers
in that behalf as are given to the Court under such Act as
aforesaid.

Where more than 119. When several persons join in the commission of
one person is
ordered to pay a the same offence and upon conviction thereof each is adjudged
sum the to forfeit a sum equivalent to the value of the property or
damage done.

to the amount of the injury done no further sum shall be
paid to the party aggrieved than the amount forfeited by
one of such offenders only and the corresponding sum
forfeited by the other offender shall be applied in the same
manner as other penalties imposed by a Magistrate are
directed to be applied.

All convictions to
be transmitted to

120. Every Magistrate before whom any person is
the SuDreme summarily convicted shall transmit the conviction to the
Court. Supreme Court before the time when an appeal from the

conviction could be heard, there to be kept by the proper
officer among the records of the Court and if such conviction
has been appealed against and a deposit of money made shall
return the deposit into the said Court and upon any
indictment, information or complaint against any person for
a subsequent offence a copy of such conviction certified by
the proper officer of the Court or proved to be a true copy
shall be sufficient evidence to prove a conviction for the
former offence and the conviction shall be presumed to have
been unappealed against until the contrary be shown.

PART V

SUMMARY JURISDICTION (QUASI-CRIMINAL)
PROTECTION AND MAINTENANCE O F

MARRIED WOMEN, AND SINGLE WOMEN

Order relating to
separation and

2 . (1) Any married person (in this section
maintenance. hereinafter called "the applicant") whose husband or wife,

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Magistrate's Code of Procedure (CAP. 255 49

as the case may be, (in this section hereinafter called "the
defendant' ')-

(a) has been guilty of adultery; or

(b) has deserted the applicant; or

(c) has been convicted summarily of an aggravated
assault on the applicant within the meaning of section 44
of the Offences against the Person Act; or Cap. 300.

(4 has been convicted on indictment of an assault
upon the applicant; or

( e ) has been guilty of persistent cruelty to the
applicant or to the children of the applicant; or

(j) being under a duty to provide reasonable
maintenance for the applicant and the children of the
applicant, has wilfully neglected or refused to do so; or

Cg) is an habitual drunkard,
rnay apply to a Magistrate for an order under this Part.

(2) Any married woman whose husband-

(a) has compelled her to submit to prostitution; or

(6) while suffering from venereal disease and
knowing that he was so suffering, has insisted on hav-
ing sexual intercourse with her,
may also apply to a Magistrate for an Order under this
Part.

(3) For the purposes of this section-

(a) where the husband has, in the opinion of the
Magistrate, been guilty of such conduct as was likely
to result and has resulted in his wife submitting herself
to prostitution he shall be deemed to have compelled
her so to submit herself;

( b ) an habitual drunkard shall be deemed to be a
person who by reason of habitual intemperate drinking
of intoxicating liquors or habitual taking or using, except
on medical advice, of any controlled drug within the
meaning of that expression in the misuse of Drugs Act, Cap. 283.
is at times dangerous to himself or herself or to others
or incapable of managing himself or herself or his or
her affairs; and

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50 CAP. 255) Magistrate's Code of Procedure

(c) where the applicant is entitled to apply for an
order or orders under this section on the ground of the
conviction of the defendant upon indictment, the
applicant may apply to the Court before which the
defendant has been convicted, and that Court shall for
the purposes of this section become a Magistrate's Court
and have the power without a jury to hear an application
and make the order or orders applied for.

(4) The Magistrate to whom any application under this
section is made may make an order or orders containing
all or any of the provisions following, namely-

(a) that the applicant be no longer bound to cohabit
with the defendant (which provision while in force shall
have the effect of a decree of judicial separation on the
ground of cruelty);

(6) that the legal custody of any children of the
marriage while under the age of sixteen years be
committed to the applicant;

(c) that the defendant shall pay to the applicant
personally, or for the use of the applicant to any officer
of the Court or third person on behalf of the applicant,
such weekly sum, not exceeding twenty-five dollars, as
the Magistrate having regard to the means both of the
applicant and the defendant, considers reasonable:

Provided that where the defendant is the wife of
the applicant the Magistrate shall not make an order
containing the provisions of this paragraph unless he
is satisfied that the applicant is not possessed of sufficient
means to provide reasonable maintenance for himself
or that the applicant is by reason of old age, illness or
physical or mental disability unable to provide for his
own maintenance;

(6) that the defendant shall pay to the applicant,
or to an officer of the Court or third person on behalf
of the applicant, a weekly sum not exceeding fifteen
dollars for the maintenance of each of the children of
the marriage until each such child attains the age of
sixteen years;

(e) where the applicant is the wife and has children
not being children of the marriage and-

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Magistrate's Code of Procedure (CAP. 255

(i) the husband, or husband and wife, have legal
custody of such children, or the children have
been accepted by the husband as part of the
family; and

(ii) such children are not the subject matter of an
order for either maintenance or affiliation
against some other person under other
provisions of this Part,

that the defendant husband shall pay to the
applicant wife, or to an officer of the Court or third
party on behalf of the applicant wife, a weekly sum
not exceeding fifteen dollars for the maintenance
of each such child until such child attains the age
of sixteen years;

(f) for payment by the applicant or defendant, as
the case may be, or both of them, of the costs of the
application and any reasonable costs of either of the
parties as the Magistrate may think fit.

(5) No order shall be made under paragraph (c) of
subsection (4) where it is proved that the applicant has
committed an act of adultery:

Provided that the defendant has not condoned, or
connived at, or by his or her wilful neglect conduced to such
act of adultery.

(6) A Magistrate, acting within the district in which
any order under this section has been made, may on the
application of the wife or husband, and upon cause being
shown upon fresh evidence to the - satisfaction of the
Magistrate, at any time, alter, vary or discharge any such
order and may upon such application from time to time
increase or diminish the amount of weekly payment ordered
to be made:

Provided that the amount payable by any such order
shall not be increased beyond the limits set forth in
subsection (4).

(7) If any person on whose application an order has
been made under this section, shall voluntarily resume
cohabitation with her husband or his wife, as the case may

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5 2 CAP. 255) Magistrate's Code of Procedure

be, or shall commit an act of adultery, such order shall on
proof thereof be discharged:

Provided that the Magistrate may, if he thinks fit-

(i) refuse to discharge such order in the case of
a wife who has committed adultery if in his
opinion such act of adultery as aforesaid was
conduced to by the failure of the husband to
make such payments as in his opinion he was
able to make under the order;

(ii) in the event of the order being discharged,
make a new order that the defendant shall pay
to the applicant, or to an officer of the Court
or third person on behalf of the applicant, a
weekly sum not exceeding two dollars and forty
cents for the maintenance of each of the
children of the marriage until each such child
attains the age of sixteen years.

(8) No order made under this section shall be
enforceable and no liability shall accrue under any such order
while the applicant with respect to whom the order was made
resides with the defendant and any such order shall cease
to have effect if for a period of three months after it is made
such applicant continues to reside with the defendant.

(9) In this section the term "children of the marriage"
shall include every child (whether legitimate or illegitimate)
whom the applicant or defendant is liable under any law
to maintain and who has been living with them as part of
the husband's family.

Procedure and
enforcement of

122. (1) All applications under section 121 shall be
orders. made in like manner as a complaint.

(2) If in the opinion of the Magistrate the matters in
question between the parties or any of them may be more
conveniently dealt with by the High Court, he may refuse
to make an order under section 121 and in that case no appeal
shall lie from his decision:

Provided that the High Court or a Judge thereof may,
by order in any proceeding in that Court relating to or
comprising the same subject matter as the application so

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Magistrate's Code of Procedure (CAP. 255 53

refused, or any part thereof, direct the Magistrate to re-hear
and determine that matter.

(3) The payment of any sum of money directed to be
paid by any order made under section 121 may be enforced
in the like manner as though such order was a conviction
and the provisions of this Act shall apply in all respects as
fully as though such order as aforesaid were a conviction:

Provided that a warrant committing a person to prison
for non-payment of any sum ordered to be paid shall not
be issued by a Magistrate if (having regard to all the
circumstances of the case) he is satisfied that the person who
has failed to pay is not in gainful employment and has made
reasonable efforts to obtain employment but has failed to
do so and has no other means out of which the sums due
might reasonably be paid.

123. Where an order under section 121 contains a :,"df:;pz~t of
provision committing to the applicant the legal custody of c,stod,
any children of the marriage, a copy of the order may be children.
served on any person in whose actual custody the children
may for the time being be, and thereupon if within seven
days of such service the person makes default in handing
over to the applicant the custody of such children, the Court
may, in its discretion order the person so making default
to pay to the applicant a sum (to be enforced as a civil debt
recoverable summarily under this Act) not exceeding five
dollars for every day during which he is in default, or to
be imprisoned until he has remedied his default:

Provided that a person shall not for such default, whether
it be made in respect of one or more orders, be liable under
this section to be imprisoned for a period or periods
amounting in the aggregate to more than two months, or
to payment of any sums exceeding in the aggregate one
hundred dollars.

124. Where on the hearing of any application for a Interim orders.
maintenance order the application is adjourned for any period
exceeding fourteen days, the Magistrate may order that the
defendant do pay to the person in respect of whom the order
is sought to be made, or to an officer of the Court or third
person on behalf of such person, a weekly sum, not exceeding
the sum which might be ordered to be paid under a final

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5 4 CAP. 255) Mafistrate's Code of Procedure

order, which interim order shall be enforced in like manner
as if it were a final order of the Court:

Provided that the order directing such payment shall
not remain in operation for more than three months after
the order was made.

Father to be
summoned on 125. Any single woman who may be with child, or
application of who may be delivered of a child, may either before the birth
mother of child. . , or at any time within twelve months from the birth of such

child, or at any time thereafter upon proof that the man
alleged to be the father of such child has within the twelve
months next after the birth of such child paid money for
its maintenance or otherwise assisted to provide for its
support, or at any time within the twelve months next after
the return to Antigua and Barbuda of the man alleged to
be the father of such child, upon proof that he ceased to reside
in Antigua and Barbuda within twelve months next after
the birth of such child, make application to a Magistrate
for a summons to be served on the man alleged by her to
be the father of the child; and if such application be made
before the birth of the child, the woman shall make a
deposition upon oath stating who is the father of such child,
and such Magistrate shall upon such application being made
issue his summons to the person alleged to be the father of
such child to appear before a Magistrate and to show cause
why he should not be compelled to maintain such child.

Order on father
for maintenance

126. O n the appearance of the person so summoned
education, etc. of or on proof that the summons was duly served, the Magistrate
child. shall hear the evidence of such woman and such other

evidence as she may produce, and shall also hear any evidence
tendered by or on behalf of the person alleged to be the father,
and if the evidence of the mother be corroborated in some
material particular by other evidence to the satisfaction of
the Magistrate, he may adjudge the man to be the father
of such child; and make an order on him for the payment
to the mother of the child or to any person having custody
of the child of a sum of money weekly not exceeding fifteen
dollars a week for the maintenance and education of the child,
and further of a sum of money for the expenses incidental
to the birth of such child, and of the funeral expenses of
the child, provided it has died before the making of such
order, and of such costs as may have been incurred in the

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Magistrate's Code of Procedure (CAP . 255 5 5

obtaining of such order, and the said Magistrate by whom
any such order for payment shall be made or any other
Magistrate sitting in his stead shall have power from time
to time to discharge or vary the same on the application of
either the father or the mother of such child upon proof that
the means of the father have been altered in amount since
the original order or any subsequent order varying it shall
have been made.

127. (1) If the application be made before the birth f,"dfp;,";;$h,"f.
of the child or within two calendar months after the birth
of the child, the Magistrate may order the payment of the
weekly sum to be made from the birth of the child; and if
at any time after the making of such order as aforesaid it
be made to appear to a Magistrate upon oath that any sum
payable in pursuance of such order is one month in arrear
the Magistrate may proceed to enforce such order in like
manner as if such order were a conviction, and the provisions
of this Act shall apply in all respects as fully as though such
order as aforesaid were a conviction:

Provided that a warrant committing a person to prison
for non-payment of any sum ordered to be paid shall not
be issued by a Magistrate if (having regard to all the
circumstances of the case) he is satisfied that the person who
has failed to pay is not in gainful employment and has made
reasonable efforts to obtain employment but has failed to
do so and has no other means out of which the sums due
might reasonably be paid.

(2) Where in any proceedings for the enforcement of
such order the defendant is committed to prison then, unless
the Magistrate otherwise directs, no arrears shall accrue under
the order during the time that the defendant is in prison.

128. No order for the maintenance and education Time for which
order on father of a child made in pursuance of this Act, shall except for ,, ,,,,in in

the purpose of recovering money previously due under such force.
order, be of any force or validity after the child in respect
of whom it was made has attained the age of sixteen years,
or after the death of such child.

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56 C A P . 255) Magistrate's Code of Procedure

Forms and
procedure. 129. The forms to be used and the proceedings to

be had under this Part shall, as nearly as may be, be those
used and had in the case of a person charged with having
committed an offence punishable summarily by a Magistrate
by fine or imprisonment.

Service of 130. Every summons, notice or order to be served
summonses and on any person under this Part may either be served personally
notices and
orders. or may be served by leaving the same at the last known place

of abode of the person to be served; and such service shall
be effected not less than six clear days before the day on
which such person is required to appear before the
Magistrate.

Payment of
money under an

13 1. (1) Except as is otherwise provided by any law
order for the and subject to the provisions of this section, all money payable
maintenance and under any order made under section 126 shall be due and
education of a
child. payable to the mother of the child in respect of such time

and so long as she lives and is of sound mind and is not
in prison.

(2) After the death of the mother of such child, or while
such mother is of unsound mind or confined in any prison
any Magistrate may make an order from time to time
appointing some person who with his own consent shall have
the custody of such child; and the Magistrate may revoke
the appointment of such person and may appoint another
person in his stead. Every person so appointed to have the
custody of a child may make application for the benefit of
such child in the same manner as the mother of the child
could have done.

(3) It shall be lawful for the Magistrate to order any
money payable under any such order to be paid to the person
appointed by the Governor-General under the provisions of
section 133, and to be applied in such manner as shall be
directed by the Magistrate.

Summons to
father to show

132. On the hearing of any charge of wilfully
cause why ordei neglecting to provide adequate food, clothing, medical aid
should not issue or lodging for any child under the age of fourteen years,
where a charge
of nedect is the Magistrate may direct that any person may be summoned
being heard- to appear before him to show cause why an order should

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Magistrate's Code of Procedure (CAP. 255 57

not be made upon him as father for the support of such child,
and may after hearing any person so summoned, or if such
person do not appear, on proof of the service of the summons
make such order as he may think fit in the matter, and may
enforce the same in like manner as if the order were a
conviction and the provisions of this Act shall apply in all
respects as fully as though such order were a conviction.

133. It shall be lawful for any person whom the Father of child
compellable to Governor-General may appoint in that behalf to take all steps it.

in and about the compelling of the father of any child to
contribute to its support which the mother of such child would
be entitled to take under this Act.

134. (1) Where a Magistrate makes an Order under order for
payment to this Part, he shall, unless upon representation expressly made Officer

in that behalf by the applicant for the Order he is satisfied and duties of
that it is undesirable so to do, provide in the Order that $it,"l:f"g
all payments thereunder shall be made to the Collecting
Officer of the Court and, if the Order so provides, all payment
under the Order shall be made to the Collecting Officer and
not otherwise.

(2) It shall be the duty of the Collecting Officer to receive
all such payments as may be directed to be made to him
and to pay forthwith to the mother of the child, or to such
other person as is named in the Order, the sum directed
to be paid under the Order or such part thereof as he receives
without making deduction therefrom.

(3) Nothing in this section shall affect the right of the
mother or other person entitled to recover payment under
an Order made under this Part to proceed against the father
of the child to enforce payment of any sum due to such
person, but on request in writing of the person entitled to
receive payment under the Order, it shall be lawful for the
Collecting Officer to proceed in his own name as such officer
on behalf of such person against the father for the recovery
of payment under the Order and in any such case the liability
of the person on whose behalf the proceedings are taken for
all costs properly incurred in or about the proceedings shall
be the same as if the proceedings had been taken by that
person.

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58 CAP. 255) Magistrate's Code of Procedure

(4) Where an Order has been made under this Part
before the first day of January, 1965, the Magistrate may,
if he thinks fit, direct that all payments becoming due under
such an Order shall be made to the Collecting Officer and
where the Magistrate directs the payments to be so made,
the provisions of this section shall apply as if the Order had
been made after the said first day of January, 1965.

Power to vary
order.

135. Where an Order has been made by a Magistrate
under this Part, the person in whose favour or against whom
the Order has been made may apply to the court which made
the Order for variation of the original Order and such
application for variation of the Order shall be made and heard
in the same manner as the original application for such an
Order with such variations as may be necessary.

PART VI

JURISDICTION IN RELATION T O SALVAGE
AND WRECK

Salvage in
respect of

136. Whenever any ship or boat is stranded or other-
services rendered wise in distress on the shore of any sea or tidal water situate
in Antigua and within the limits of Antigua and Barbuda and services are
Barbuda.

rendered by any person,

(a) in assisting such ship or boat;

(6 ) in saving the lives of the persons belonging to
such ship or boat;

(c) in saving the cargo or apparel of such ship or
boat or any portion thereof;

and whenever any wreck is saved by any person other
than a Receiver of wreck within Antigua and Barbuda,
there shall be payable by the owners of such ship, or
boat, cargo, apparel, or wreck, to the person by whom
such services or any of them are rendered, or by whom
such wreck is saved, a reasonable amount of salvage
together with all expenses properly incurred by him in
the performance of such services or the saving of such
wreck, the amount of such salvage and expenses (which
expenses are hereinafter included under the term
salvage) to be determined in case of dispute in manner
hereinafter mentioned.

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Magistrate's Code of Procedure (CAP. 255 59

137. Whenever any dispute arises in Antigua and Disputes as to
salvage how to Barbuda between the owners of any such ship, boat, cargo, be settled.

apparel, or wreck as aforesaid and the salvors as to the
amount of salvage, and the parties to the dispute cannot agree
as to the settlement thereof by arbitration or otherwise then
if the sum claimed does not exceed two hundred and forty
dollars such dispute may be referred to the arbitration of
any Magistrate resident as follows: (that is to say)-

(a) in case of wreck, resident at or near the place
where such wreck is found;

( 6 ) in case of services rendered to any ship or boat,
or to the persons, cargo, or apparel belonging thereto,
resident at or near the place where such ship or boat
is lying, or at or near the first port or place in Antigua
and Barbuda into which such ship or boat is brought
after the occurrence of the accident by reason whereof
the claim to salvage arises;

and every dispute with respect to salvage may be heard and
adjudicated upon on the application either of the salvor or
of the owner of the property salved, or of their respective
agents.

138. Whenever in pursuance of this Act any dispute :;;fa: ;+'?
as to the salvage is referred to the arbitration of a Magistrate decide disputes.
he may determine the same with power to call to his assistance
any person conversant with maritime affairs as assessor, and
such Magistrate shall make an award as to the amount of
salvage payable within forty-eight hours after such dispute
has been referred to him, with power nevertheless for such
Magistrate by writing under his hand to extend the time
within which he is hereby directed to make his award.

139. Subject to any agreement of the parties to any costs of
arbitration.

arbitration, the costs of any arbitration under this Act shall
be in the discretion of the Magistrate.

140. There shall be paid to every assessor who may Payment of costs of arbitration.
be so appointed as aforesaid in respect of his services such
sum not exceeding fourteen dollars and forty cents, as the
Governor-General may from time to time direct; and all the
costs of such arbitration including any such payments as
aforesaid, shall be paid by the parties to the dispute in such

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60 CAP. 255) Magistrate's Code of Procedure

manner and in such shares and proportions as the Magistrate
may direct by his award.

Magistrate may
call for

141. The said Magistrate may call for the production
documents and of any documents in the possession or power of either party
administer oaths. which they or he may think necessary for determining the

question in dispute, and may examine the parties or their
witnesses on oath and administer the oaths necessary for that
purpose.

Appeal. 142. If any person is aggrieved by the award made
by such Magistrate as aforesaid, he may appeal to the Court
of Appeal in the manner and form hereinafter provided.

Magistrate to
transmit copy of

143. Whenever any appeal is made in manner
proceedines and hereinbefore provided, the Magistrate shall transmit to the
certificate-0f Registrar of the Court of ~ ~ ~ e a l - a copy on unstamped paper,
value to
Registrar of certified under his hand to be a true copy of the proceedings

had before such Magistrate, and of the award so made by
him, accompanied with his cetificate in writing of the gross
value of the article respecting which salvage is claimed, and
such copy and certificate shall be admitted in the Court as
evidence in the cause.

Disputed title to
wreck, how to be 144. If any dispute arises between a Receiver of wreck
decided. and any Admiral, Vice-Admiral, or other person as to the

validity of his title to wreck, or if divers persons claim to
be entitled to wreck found at the same place, the matter in
dispute may be decided by a Magistrate in the same manner
in which disputes as to salvage coming within the jurisdic-
tion of a Magistrate are hereinbefore directed to be
determined.

Appeal from 145. If any party to such dispute is unwilling to refer
decision of
~ ~ ~ i ~ t ~ ~ t ~ . the same to a Magistrate, or having so referred the same,

is dissatisfied with his decision, he may within three months
from the expiration of a year from the date at which the
wreck came into the possession of a Receiver of wreck or
from the date of such decision as aforesaid, as the case may
be, take such proceedings as he may be advised in any Court
of law, equity, or Admiralty having jurisdiction in the matter
for establishing his title.

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Magistrate's Code of Procedure (CAP. 255 6 1

PART VII

CIVIL JURISDICTION

146. In all civil proceedings the party making the Plaintiff and
defendant may

claim is called the plaintiff and the party against whom the give evidence.
claim is made.is called the defendant and both the plaintiff
and defendant may give evidence on oath.

147. All civil proceedings shall be commenced, venue.
proceeded with and determined in the magisterial district
in which the parties or either of them reside and by leave
of a Magistrate in any other district.

148. For the purpose of instituting any civil ~ ~ i ~ ~ ~ ~ " m " , ; ~
proceedings the plaintiff may apply to the Magistrate for to be served on
a summons and the particulars of claim and of the order defendant.
claimed shall be endorsed on the back thereof and the Pmcedure.
summons so endorsed shall be filed by the Magistrate and
a certified copy thereof issued by him which shall be served
on the defendant in the manner prescribed by the Summary
Jurisdiction Act or rules of court for the time being in force
relating to the recovery of claims under the said Act, and
all the provisions of the said Act or the said rules except
where they are repugnant to the provisions of this Act shall
apply mutatis mutandis to all actions or proceedings brought
and taken under this Part so far as the same can be made
applicable thereto and are not inconsistent with any of the
provisions of this Act.

149. No claim in respect of any civil proceedings shall Limitation six
years.

be heard where the grounds of the claim arose more than
six years before the date of the writ issued in the action unless
there has been an acknowledgement, undertaking or promise
to pay or to be bound in respect thereof by the party to be
charged within such period of six years.

150. (1) Subject to the provisions of this section and Fees to be taken.
to any rules to be made under this Act the Court fees and second Schedule.
bailiff's fees specified in the Second Schedule shall be paid
in all civil proceedings.

(2) In cases where-

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62 CAP. 255) Magistrate's Code of Procedure

(a) any person seeks to recover compensation for
services which by any law in force in Antigua and
Barbuda he is compelled to render without repayment;

(6) any public officer seeks as such to recover any
debt or compensation due to the Government or to any
public institution of Antigua and Barbuda;

(6) the Magistrate is satisfied of the inability of any
plaintiff to pay the prescribed fees and that the plaintiff
has, prima facie, a good ground of claim,

no fees shall be demanded from the plaintiff.

(3) The Magistrate shall, on giving judgement for the
plaintiff,

(a) in cases of the nature referred to in paragraph
(a) of the preceding subsection,

(6) in cases of the nature referred to in paragraph
(6) of the preceding subsection,

order the defendant to pay to the plaintiff such fees as would
in other cases be chargeable, and such fees, if and when
recovered by the plaintiff, shall be paid by the plaintiff into
the Treasury for the public uses of Antigua and Barbuda,
and if any plaintiff after recovery of such fees shall fail to
pay the same into the Treasury as hereinbefore provided
within fourteen days of the receipt thereof he shall be liable
to be imprisoned for any period not exceeding six months.

Claims may not
be split.

151. No cause of action arising out of a simple
contract which shall exist at any one time amounting in the
whole to a sum exceeding fifteen hundred dollars shall be
split so as to be made the ground of two or more different
summonses, in order to bring such cases within the juris-
diction of the Magistrate and if the Magistrate shall find
that the plaintiff in any case has split his cause of action as
aforesaid he shall dismiss such summons or summonses but
without prejudice to the plaintiffs right to sue on the cause
of action in such other manner as he shall think fit:

Provided that if the plaintiff is content to recover a sum
not exceeding fifteen hundred dollars the Magistrate shall
entertain the summons and in case any judgement shall be
given in favour of the plaintiff the same shall be a full

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Magistrate's Code of Procedure (CAP. 255 63

discharge and satisfaction of the whole cause of action and
it shall be so expressed in the body of the judgement.

152. In an action arising out of a simple contract or set-off
counter-claim. where an order is claimed for the payment of money as a

civil debt, the defendant may plead and prove a set-off or
may counter-claim against the plaintiff provided such counter-
claim is based upon the same contract on which the plaintiff
is suing and that the amount claimed whether by way of
set-off or counter-claim or the balance thereof does not exceed
fifteen hundred dollars.

153. The Magistrate may, in any civil matter, upon Review.
such grounds as he in his discretion thinks sufficient, review
any judgement or decision given by him within eight days
from the date thereof (unless either party has appealed and
the parties do not agree to the withdrawal of the appeal);
and upon the review he may re-open and re-hear the case
wholly or in part, and take fresh evidence, and reverse, vary
or affirm his previous judgement or decision;

154. The costs of all civil proceedings which shall be Costs.
in the discretion of the Magistrate shall be limited to fees
of Court and bailiffs fees:

Provided that the Magistrate may in addition to such
fees of court and bailiffs fees aforesaid allow any reasonable
sum or sums not exceeding seventy-five dollars in the
aggregate by way of compensation for the attendance, loss
of time and legal or other expenses of parties and witnesses
and all sums so allowed in any civil proceedings shall be
recovered as costs therein.

155. Every judgement or order may be enforced by Execution.
sale of the goods and chattels of the defendant or by
attachment of monies due to him by any third party.

156. NO judgement or order or order for payment Judgements and
orders not to be of any costs awarded shall be enforced by imprisonment enforced by

except as hereinafter prescribed. imprisonment.

157. (1) Where any defendant shall make default in Judgement
summons.

the payment of any judgement debt or of any sum ordered
to be paid or any instalment or any costs and he either has

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64 CAP. 255) Magistrate's Code of Procedure

or has had since the date of the order the means to pay the
same, and has refused or neglected or refuses or neglects
to pay the same, the Magistrate may commit him to prison
without hard labour for any period not exceeding six weeks
or until payment of the sum due, and may issue all necessary
warrants in that behalf:

Provided that the order be made in open Court and:

Provided also that no imprisonment under this section
shall operate as an extinguishment of the debts or grounds
of claim or deprive any person of the right to obtain a writ
of execution for the satisfaction of the debt.

Proof of the means of the person making default may
be given in such manner as the Magistrate may think just,
and such person as aforesaid and any witness may be
summoned and examined on oath as other witnesses may
be summoned and examined under this Act.

(2).Where a warrant of commitment is issued under
sub-section (1) it shall be executed by the bailiff.

(3) In any case where, owing to the time and place of
arrest of the judgement debtor, it is not practicable or
convenient to convey him to the prison to which he is by
such warrant committed, the bailiff effecting the arrest shall
convey him to the nearest police station in the locality where
such arrest was made; and it shall be lawful for the police
officer in charge of such station to detain such judgement
debtor in some secure place of confinement at such station
until such hour, not later than twelve noon of the day follow-
ing that on which he is arrested, and as soon as may be
convenient thereafter the judgement debtor shall be conveyed
to prison as directed by the warrant of commitment.

(4) When any person who has been detained at a police
station as provided in subsection (3) is thereafter conveyed
to the prison to be imprisoned by virtue of such warrant
of commitment the bailiff shall endorse on such warrant the
day on, and the hour at, which such person was arrested
by virtue thereof; and the imprisonment shall be computed
from such day and inclusive thereof.

(5) Where a Magistrate either before or after the
commencement of this Act makes an order for the payment

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Magistrate's Code of Procedure (CAP. 255 65

either in one sum or by instalments of any judgment debt
or costs, such order may, on the application either of the
judgment debtor or judgment creditor and upon cause being
shown upon fresh evidence to the satisfaction of the
Magistrate, be varied or altered by him by ordering the
amount due and unpaid (if payable in one sum) to be paid
by instalments, or if the said amount is already payable in
instalments, he may increase or decrease the amount of such
instalments.

158. Where power is given by any Act to a Where the doing
Magistrate or requiring any person to do or abstain from ~ ~ b ~ ~ ~ ' ~ g of
doing any act or thing other than the payment of money any act is
or of requiring any act or thing to be done or left undone Orde"d'
other than the payment of money and no mode is prescribed
for the enforcing of such requisition the Magistrate may
exercise such power by an order and may annex thereto any
conditions as to time or mode of action as to him may seem
just and may suspend or rescind such order on such under-
taking being given or condition being performed as to him
may seem just and may make such arrangements for carrying
such power into effect as may to him seem expedient.

159. A person making default in complying with the ~ ; ~ ~ ; ~ ~ n ~ ;
order of a Magistrate other than for the payment of money ., diem or , --
for the space 07 ten days, may if it be not btherwise provided imprisonment.
in the Act on which such order is based upon.afplication
to a Magistrate and on proof of such default, be ordered
to pay a sum not exceeding twenty-five dollars for every day
during which he is in default, or to be imprisoned until he
has remedied his default, and any sum ordered to be paid
as last hereinbefore mentioned shall be recoverable summarily
as a civil debt.

160. No person shall for non-compliance with the E;:znzent
requisition of the Magistrate whether made by one or more and penalty.
orders to do or to abstain from doing any particular act or
thing be liable to be imprisoned for a period or periods
amounting in the aggregate to more than two months or
to the payment of any sums exceeding in the aggregate five
hundred dollars.

161. It shall be lawful for the Governor-General from Bailiffs.
time to time to appoint such bailiffs of the Magistrate's Courts

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66 CAP. 255) Magistrate's Code of Procedure

as may be necessary for the carrying out of the provisions
of this Part, and all bailiffs so appointed shall receive such
remuneration as may from time to time be voted by
Parliament and every such bailiff shall give such security
for the due performance of the duties of his office as the
Governor-General may direct.

Bailiffs to pay all
fees to

162. Every bailiff shall forthwith pay over to the
Magistrate or Magistrate or the Magistrate's clerk all fees received by him
clerk. to be paid into the Treasury.

Bailiffs to pay all
monies collected
by them to
Magistrate or
clerk.

163. Every bailiff who is directed by any Magistrate
to collect the amount of any judgement debt or order for
the payment of money shall, on receiving the amount of such
debt or sum or any part thereof or of any costs or other sums
of such money collected by him, forthwith pay over the same
to the Magistrate or the clerk of the Magistrate and the
Magistrate or the clerk of the Magistrate shall pay the same
to the party who is entitled to receive the same.

Interpleader
summons.

164. When any property of any kind shall be seized
or taken in execution under any judgement or order in any
suit or proceeding under this Part, which is claimed by any
person not a party to the suit, such claim shall be determined
by the Magistrate in a summary way upon a summons to
be taken out by such claimant against the party prosecuting
the judgement or order.

Exception in
cases of salvage,

165. Nothing in this or any other Act shall be held
single women to render this Part applicable to any proceedings in respect
and deserti0n. of salvage, single women or the maintenance of married

women, or to any proceedings in relation to the binding over
of persons by recognizance to keep the peace or to be of good
behaviour.

PART VIII

APPEALS FROM MAGISTRATE T O
COURT OF APPEAL

Court of Appeal. 166. In this Part of this Act the expression "Court
of Appeal" means the Court of Appeal of the Eastern
Caribbean Supreme Court.

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Magistrate's Code of Procedure (CAP. 255 6 7

167. ( 1 ) Where a Magistrate refuses to make a Appeal.
conviction the complainant may appeal to the Court of
Appeal against such decision.

( 2 ) Where a Magistrate makes a conviction the party
against whom the conviction is made may appeal to the Court
of Appeal against such decision.

(3) There shall be a right of appeal to the Court of
Appeal from any judgment or order of a Magistrate in any
civil proceedings where the sum claimed and the costs, if
any, exceed three dollars and sixty cents, and in a matter
relating to salvage or the title to wreck where the sum in
dispute exceeds ninety-six dollars.

168. Every appeal shall be either by way of motion A p ~ ~ a l by
motlon or special or special case as hereinafter provided. case.

169. An appeal, whether by way of motion or special Appeal operates
as a stay.

case, shall have the effect of suspending the execution of the
decision, judgement or order appealed from until the final
determination of such appeal.

170. ( 1 ) Where an appeal is by way of motion the Notice of appeal.
appellant within fourteen days after the day on which the
Magistrate has given his decision shall serve a notice on the
other party and on the Magistrate of his intention to appeal,
and the said notice shall also contain the reasons for appeal.

( 2 ) The notice required by subsection ( 1 ) may set forth
all or any of the following reasons, and no other, that is to
say-

( a ) that the Court had no jurisdiction in the case:
Provided that it shall not be competent for the Court

of Appeal to entertain such reason for appeal, unless
objection to the jurisdiction of the Court has been
formally taken at some time during the progress of the
case and before the pronouncing of the decision; or

( b ) that the Court exceeded its jurisdiction in the
case; or

(c) that the Magistrate was personally interested
in the case; or

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68 CAP. 255) Magistrate 's Code of Procedure

(d) that the Magistrate acted corruptly or
maliciously in the case; or

(e) that the decision was obtained by fraud; or

(j) that the case has been already heard or tried
and decided by, or forms the subject of a hearing or
trial pending before, some competent tribunal; or

@) that legal evidence substantially affecting the
merits of the case was rejected by the Court; or

(h) that illegal evidence was admitted by the Court
and that there is not sufficient legal evidence to sustain
the decision after rejecting such illegal evidence; or

(2) that the decision is unreasonable or cannot be
supported having regard to the evidence; or

@ that the decision was erroneous in point of law;
or

(k) that some other specific illegality, not
hereinbefore mentioned, and substantially affecting the
merits of the case was committed in the course of the
proceedings in the case; or

(I) that the judgment or sentence passed was based
on a wrong principle or was such that a Magistrate
viewing the circumstances reasonably could not properly
have so decided; or

(m) that the sentence imposed was unduly severe.

(3) An applicant shall, subject as hereinafter in this
subsection appears, set forth in the said notice the particular
matter on which he relies or of which he complains, in such
manner as to inform the respondent thereof, as, for example,
if he relies upon the reason for appeal stated in paragraph
Cf) of subsection (2), the name of the tribunal shall be stated,
and, if a decision is alleged, the approximate date of such
decision shall be stated; if he relies upon the reason for appeal
stated in paragraph of subsection (2), the nature of the
error shall be stated; and if he relies upon the reason for
appeal stated in paragraph (k) of subsection (2), the illegality
complained of shall be clearly specified.

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Magistrate's Code of Procedure (CAP. 255 69

(4) Where the reason for appeal given is that the
applicant is not guilty, no particulars need to be stated.

7 Every notice of appeal shall be in writing signed Service of notice.
by the appellant or his counsel or solicitor and may be
transmitted as a registered letter through the post in the
ordinary way and shall be deemed to have been served at
the time when it would be delivered in the ordinary course
of the post.

172. (1) The appellant shall within three days after Recognizance or
security to be the day on which he served notice of his intention to appeal ,,ken.

enter into a recognizance before a Magistrate with or without
sureties as the Magistrate may direct conditioned to appear
before the Court of Appeal and to try the appeal and to abide
the judgment thereon of the Court of Appeal and to pay
such costs as may be awarded by the said Court, or if the
Magistrate thinks it expedient he may instead of entering
into recognizances give such other security by payment of
money into Court or otherwise as the Magistrate deems
sufficient.

(2) The Magistrate shall also transmit to the Deputy
Registrar of the Court of Appeal with the papers relating
to such appeal a memorandum of the reasons for the decision.

173. Where the appellant is in custody the Magistrate f~cil$t to go
before whom he appears to enter into a recognizance shall
on his so doing or on giving such other security as aforesaid,
release him from custody.

174. (1) After the hearing and determination of any special Case.
complaint, the Magistrate may, in his discretion, on the
application of either party to such complaint or their solicitor,
or of his own motion without such application, state a case
on any point of law arising in the case for the opinion of
the Court of Appeal. The statement of facts in such case
so stated shall, for the purpose of the determination thereof,
be conclusive.

(2) Where such party (hereinafter called "the
appellant7') makes application to a Magistrate to state a case
the appellant shall within fourteen days after the day on which
the Magistrate has given his decision, in the manner and

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7 0 CAP. 255) Magistrate's Code of Procedure

form prescribed by sections 170 and 171, serve a notice of
appeal on the other party and on the Magistrate.

(3) The provisions of sections 172 and 173 shall apply
in respect of any such appeal.

(4) Nothing herein contained shall be construed to
prevent either party in such a case appealing within the time
specified in section 170 as to any determination of fact or
any question of law not raised in the case stated by the
Magistrate; but such appeal shall be in such even independent
of the case stated.

(5) The Attorney-General may, by notice in writing
under his hand, require a Magistrate to state a case on any
point of law, and, on receipt of such notice, the Magistrate
shall state such case accordingly.

(6) The Court of Appeal may remit any case stated
under the provisions of this section to the Magistrate stating
the same for further information from such Magistrate.

(7) If on application being duly made to a Magistrate
to state a case such Magistrate declines so to do, the appellant
may apply to the High Court or to any Judge thereof for
an order requiring the case to be stated.

Duty of
Magistrate as to

175. The Magistrate upon receiving an application,
special case. notice or order under the provisions of section 174 or when

of his own motion he decides to state a case for the opinion
of the Court of Appeal shall draw up the special case,
concisely setting forth such facts and documents (if any) as
may be necessary to enable the Court of Appeal to decide
the questions raised in the case, and shall forthwith transmit
the same together with a certified copy of the conviction order
or judgment appealed from and all documents alluded to
in the special case to the Deputy Registrar of the Court of
Appeal.

Deputy Registrar
of Court of

176. The Deputy Registrar of the Court of Appeal
Appeal to file shall thereupon set the appeal down for argument on the
vecial case and date fixed by the Court of Appeal for hearing the same and
set it down for
argument. shall cause notice of the filing of such special case to be serv-

ed on the appellant and respondent respectively and

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Magistrate's Code of Procedure (CAP. 255 7 1

on the application of either party shall supply such applicant
with a copy of the special case on payment for the same at
the rate of one dollar per page.

177. At the hearing of an appeal on motion it shall Appeal limited to
reasons given in not be competent for the appellant to go into, or to give not;,e.

evidence of, any other reasons for appeal than those set forth
in his notice of appeal:

Provided that where, in the opinion of the Court of
Appeal, other reasons for appeal than those set forth in the
notice of appeal should have been given, or the statement
of reasons is defective, the Court of Appeal may in its
discretion allow such amendments of the notice of appeal
upon such conditions as to service upon the respondent and
as to costs as the Court may think fit.

178. O n an appeal by motion the Court of Appeal ~ ; ; ~ ~ : $ ~ l
may draw inferences of fact from the evidence given before appeal on
the Magistrate and may decide the appeal with reference

ze,fiid;s;zF
both to matters of fact and to matters of law.

179. The Court of Appeal may, in any case where Power to the
Court of Appeal

it may consider it necessary that evidence should be adduced, to ev;den,e.
either-

(a) order such evidence to be adduced before the
said Court on some day to be fixed in that behalf; or

(6) order such evidence to be given by affidavit; or

(c) refer the case back to the Magistrate to take
such evidence, and may in such case either direct the
Magistrate to adjudicate afresh after taking such
evidence and subject to such directions in law, if any,
as the Court of Appeal may think fit to give, or direct
him, after taking such evidence, to report specific
findings of fact for the information of the Court of
Appeal; and on any such reference the case shall, so
far as may be practicable and necessary, be dealt with
as if it were being heard in the first instance.

180. (1) O n the hearing of an appeal in any civil power of Court
of Appeal as to

cause or matter the Court of Appeal shall, if it appears to new ,,ial,.
the said Court that a new trial should be held, have power

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7 2 CAP. 255) Magistrate's Code of Procedure

to set aside the order appealed against and order that a new
trial be held.

(2) O n the hearing of an appeal in any civil cause or
matter the following provisions shall apply-

(a ) A new trial shall not be ordered on the ground
of misdirection, or of the improper admission or rejection
of evidence unless in the opinion of the Court of Appeal
some substantial wrong or miscarriage has been thereby
occasioned.

(b) A new trial may be ordered on any question
without interfering with the finding or decision upon
any other question; and if it appears to the Court of
Appeal that any such wrong or miscarriage as is
mentioned in paragraph (a) above affects part only
the matter in controversy, or one or some only of the
parties, the court may order a new trial as to that part
only, or as to that party or those parties only, and give
final judgement as to the remainder.

(6) A new trial shall not be granted or any judgment
reversed by reason of the ruling of any court that the
stamp upon any document is insufficient or that the
document does not require a stamp.

(3) The Court of Appeal shall, if it allows an appeal
against conviction, quash the conviction and direct a
judgment and verdict of acquittal to be entered, or if the
interests of justice so require, order a new trial.

On appeal by 181. On an appeal by special case the Court of
special case
court of ~~~~~l Appeal shall only entertain such appeal on the ground that
confined to facts the decision of the Magistrate was erroneous in point of law
and evidence
stated therein, or in excess of jurisdiction and only upon the facts stated

and the evidence mentioned in the special case.

Powers of Court 182. The Court of A~pea l may adiourn the hearing . . , -
of Appeal on --a

hearing appeals. of the appeal and may upon the hearing thereof confirm,
reverse or modify the decision of the Magistrate or remit
the matter with the opinion of the Court of Appeal thereon
to the Magistrate or may make such other order in the matter
as the said Court may think just and may by such order
exercise any power which the Magistrate might have exercised

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Magistrate's Code of Procedure (CAP. 255 7 3

and such order shall have the same effect and may be enforced
in the same manner as if it had been made by the Magistrate:

Provided that the Court of Appeal may, if of opinion
that a different sentence should have been passed quash the
sentence passed by the Magistrate and pass such other
sentence warranted by law (whether more or less severe) in
substitution iherefor as the Court of Appeal thinks should
have been passed.

183. The Court of Appeal may make such order as costs.
to the costs to be paid by either party as the said Court may
think just, and in the event of costs being allowed the Court
of Appeal shall fix the amount at a sum not exceeding one
hundred dollars according to the importance of the appeal,
or the length of the time occupied by the hearing thereof,
and the sum so fixed shall cover all fees of office and all
fees of counsel or solicitor:

Provided that no Magistrate shall be liable to any costs
in respect of any appeal against his decision:

Provided further that if on the hearing of a special case
the Court of Appeal adjudges such appeal to have been
frivolous and vexatious the appellant or the solicitor who
made application for the special case shall be liable, if the
Court of Appeal shall so think fit, to pay a sum not exceeding
one hundred and fifty dollars as costs of the appeal and such
costs shall be recoverable as hereinafter provided.

184. Where an appeal is abandoned or withdrawn Where appeal
abandoned Court

the Court of Appeal on proof of notice of appeal having been ~~~~~l may
given to the respondent may make an order that the give
respondent shall receive such costs as the Court of Appeal
may allow and such costs shall be recoverable as hereinafter
provided.

185. When an order is made upon either party for HOW costs are
payable.

costs, such costs shall be payable to the proper officer of the
Court to be by him paid over to the party entitled to the
same and in the absence of any special direction shall be
payable forthwith.

186. If the costs on the appeal are not paid within ~ ~ ~ v , " , " , " ~ ~
the time ordered by the Court of Appeal the proper officer
shall on the application of the party entitled to the same or

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7 4 CAP. 255) Magistrate's Code of Procedure

Objection to
form of
information or
conviction.

Defects in
proceedings
under appeal.

Error or defect
in recognizance.

any person duly authorized on his behalf and on payment
of the prescribed fee (if any) grant to such party a certificate
that such costs have not been paid and on production thereof
to any Magistrate within Antigua and Barbuda such
Magistrate shall enforce the payment of such costs in the
manner prescribed by this Act for the enforcing of the pay-
ment of costs awarded on a summary conviction and where
a recognizance with sureties has been entered into shall
enforce the payment due thereunder in the manner prescribed
by this Act.

187. If, on the hearing of the appeal, any objection
is made on account of any defect in a complaint or
information, or on account of any omission or mistake in
the drawing up of a conviction or order, and if it is shown
to the satisfaction of the Court of Appeal, that sufficient
grounds were in proof before the Magistrate who made the
conviction or order to have authorized the drawing up thereof
free from that omission or mistake, the Court may amend
the complaint or information, or the conviction or order,
and proceed thereafter as if the defect, omission or mistake
had not existed.

188. On an appeal no objection shall be taken or
allowed to any proceeding in a Magistrate's Court for any
defect or error which might have been amended by that
Court, or to any complaint, summons, warrant, or other
process to or of that Court, for any alleged defect therein
in substance or in form, or for any variance between any
complaint or summons and the evidence adduced in support
thereof in that Court, or by reason only of the absence of
the seal of the Magistrate on any such process:

Provided that if any error, defect, or variance mentioned
in this section appears to the Court of Appeal at the hearing
of an appeal to be such that the appellant has been thereby
deceived or misled, the Court of Appeal may either refer
the cause back to the Magistrate with directions to re-hear
and determine it, or reverse the decision under appeal, or
may make any other order for disposal of the cause which
justice requires.

189. Where any recognizance or recognizances which
shall have been entered into within the time by law required

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Magistrate's Code of Procedure (CAP. 255 7 5

before any Magistrate for the purpose of complying with any
such condition of appeal shall appear to the Court of Appeal
to have been sufficiently entered into, or to be otherwise
defective or invalid, it shall be lawful for such Court, if it
shall so think fit, to permit the substitution of a new and
sufficient recognizance or new and sufficient recognizances
to be entered into before such Court in the place of such
insufficient, defective, or invalid recognizance or
recognizances, and for that purpose to allow such time, and
make such examination, and impose such terms as to pay-
ment of costs to the respondent or respondents, as to such
Court shall appear just and reasonable; and such substituted
recognizance or recognizances shall be as valid and effectual
to all intents and purposes as if the same had been duly
entered into at any earlier time as required by section 172.

190. (1) Where the decision of a Magistrate is varied T;;zC;","Fzfand
or reversed on appeal, the judgement of the Court of Appeal Ldgement.
shall be reduced into writing and shall set forth the reasons
therefor.

(2) Within five days after the pronouncement of the
judgement the Deputy Registrar of the Court of Appeal shall
transmit a certified copy thereof to the Magistrate of the Court
from which the appeal came.

(3) Any person may, on paying the fee for an office
copy of documents, obtain from the Deputy Registrar of the
Court of Appeal a copy of the judgement.

(4) The Deputy Registrar of the Court of Appeal shall
without delay cause the judgement to be published in the
Gazette.

19 1. (1) After the pronouncement of the judgement Enforcing
of the Court of Appeal and subject to the provisions hereafter ju

dgement
.

in this section contained, the Magistrate of the Court from
which the appeal came shall have the same jurisdiction and
power to enforce, and shall enforce, any decision which has
been affirmed, modified or amended by the Court of Appeal
or any judgement pronounced by the said Court, in the same
manner in all respects as if that decision or judgement had
been pronounced by himself:

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76 CAP. 255) Magistrate's Code of Procedure

Provided that in any case where an order for the
imprisonment of a person is affirmed on appeal, whether
with or without modification or amendment, the Court of
Appeal may, if it considers it expedient to do so, forthwith
commit the person to prison in pursuance and in execution
of the order.

(2) The imprisonment of the person (if it has not
previously commenced) shall be reckoned to begin from the
day on which he is arrested to be taken to the prison wherein
he has been ordered to be imprisoned; and if the person has
been released from custody on giving the security hereinbefore
mentioned, he shall be imprisoned for such further period
as, with the time during which he has been already
imprisoned, is equal to the period for which he was ordered
to be imprisoned as aforesaid.

PART IX

WITNESSES
Summoning
witnesses.

192. If it shall be made to appear to any Magistrate
by the oath of any credible person that any person is likely
to give material evidence in any matter where an information
or complaint is laid or made to be inquired into by, tried
or heard before such Magistrate and will not voluntarily
appear for the purpose of being examined as a witness at
the time and place appointed in that behalf such Magistrate
shall issue his summons to such person requiring him to be
and appear at a time and place therein mentioned to testify
to what he knows concerning such matter as aforesaid.

Warrant may
issue on non-

193. If any person so summoned as aforesaid shall
appearance. fail to appear at the time and place appointed in the summons

the Magistrate on proof upon oath that such summons has
been served personally on such person or left with some
person at his last or usual place of abode may unless satisfied
that there is some lawful excuse for such failure to appear
issue his warrant to bring such person at a time and place
therein mentioned before such Magistrate or such other
Magistrate as may then be there to testify as aforesaid and
such warrant may be executed in any part of Antigua and
Barbuda.

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Magistrate's Code of Procedure (CAP. 255 77

194. If the Magistrate be satisfied by evidence upon z;;sz;r;int
oath that it is probable that such person will not attend to instance.
give evidence unless compelled to do so then instead of issuing
such summons as aforesaid the Magistrate may issue his
warrant in the first instance.

195. If any person attending as a witness or so witness refusing
to be sworn or to summoned or brought upon a warrant as aforesaid refuses

to be examined on oath concerning the premises or refuses
to take such oath, or having taken such oath refuses to answer
any lawful question put to him without giving just excuse
for so doing the Magistrate may by warrant commit such
person to prison there to remain and be imprisoned for any
period not exceeding ten days unless he in the meantime
consents to be examined and to answer concerning the
premises.

196. The prosecutor or complainant in any charge Prosecutor a
competent or complaint whether having any pecuniary interest in the witness.

result or not shall be a competent witness to support such
charge or complaint.

197. If upon the trial of the person accused it be :;:$?
proved on the oath of any reliable witness that any person the trial.
whose deposition has been taken is dead, or so ill as to be
unable to travel, or is absent from Antigua and Barbuda,
and if it be also proved that such deposition was taken in
the presence of the accused and that he or his counsel or
solicitor had a full opportunity of cross-examining the witness
then if the deposition purports to be signed by the Magistrate
by or before whom the same purports to have been taken
i t shall be read as evidence in the prosecution without further
proof thereof unless it is proved that such deposition was
not in fact signed by the Magistrate purporting to have signed
the same.

198. If it is proved upon oath before any Magistrate ;f,",";;iion of a
that any person is dangerously ill and unable to travel, or ,itness ,h0 is ill
is about to leave Antigua and Barbuda for a period extending yn;Fat:,"b'""
bevond the time when the accused if committed for trial would Barbuda.
bc tried and that such person is able and willing to give
material information as to any offence which such Magistrate
is not empowered to try summarily and with which any

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78 CAP. 255) Magistrate's Code of Procedure

person has been charged before a Magistrate (whether the
preliminary enquiry has or has not been held or is in progress,
but not after the accused has been discharged) unless by order
of a Judge, the Magistrate may take the deposition of such
person at the place where such person is lying sick or if such
person is about to leave Antigua and Barbuda as aforesaid
at the Magistrate's Court House, in the manner prescribed
by this Act, and shall, after taking it, sign it, adding to it
by way of heading, a statement of the reason for taking it,
and of the day and place on and at which it was taken, and
of the names of the persons, if any, present at the taking
thereof.

Notice to the
prisoner to be

199. Whenever it is intended to take any such
present. deposition as aforesaid, reasonable notice that it is intended

so to be taken shall, if the accused is in prison, be served
upon him in prison, or if he is on bail, shall be either served
upon him or left at his last or most usual place of abode.
If the accused is in prison, any Magistrate shall by an order
in writing direct the gaoler having the custody of the accused
to convey him, or cause him to be conveyed to the place
where the deposition is to be taken, for the purpose of being
present when the same is taken, and to take him back to
prison when it has been taken, but no accused person shall
be taken to any such place (other than the Magistrate's Court
House) for such a purpose without his consent. The expenses
of such conveyance shall be paid out of the funds applicable
to the expenses of the prison from which the accused is taken.

Magistrate to
deal with the

200. If such deposition relates to an offence, the
deposition like preliminary enquiry into which has ended, the Magistrate
any other
deposition.

taking it shall send it to the Registrar to be placed with the
other depositions taken in the case and if it relates to an
offence with which some person has been charged, and as
to which a preliminary inquiry is in progress, the Magistrate
shall deal with it like any other deposition taken in the matter
under preliminary inquiry; but such person as aforesaid so
making a deposition as aforesaid shall not be called upon
to enter into a recognizance to give evidence at the trial of
the accused.

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Magistrate's Code of Procedure (CAP. 255 7 9

201. Every deposition so taken shall be a deposition Such deposition
to be admissible taken in the case to which it relates, and shall be admissible in evidence.

in evidence on the same conditions as other depositions:

Provided that it shall be admissible against the accused;
although it may have been taken in his absence, and may
not have been-read over to the witness in his presence, and
although neither he nor his counsel or solicitor had an
opportunity of cross-examining the witness, if it is proved
that the accused having received such notice as aforesaid that
such deposition was about to be taken, refused or neglected
to be present, or to cause his counsel or solicitor to be present
when it was taken, or that it was taken at the Magistrate's
Court House:

Provided also that if it is proved that the person whose
evidence has been taken as aforesaid has so recovered from
his sickness or returned to Antigua and Barbuda as to be
able to be present at the High Court before which the accused
is tried such deposition so taken as aforesaid shall not be read.

202. Any person charged with having committed an Defendant to
have the same offence not punishable summarily may on notice to the privilege as the

complainant require that the evidence of any such person prosecutor under
as in section 198 mentioned may be taken in like manner, lasf "CtiOn'
and any deposition so taken shall be dealt with and be
admissible in evidence on the same conditions as other
depositions and on conditions corresponding to those
mentioned in the last preceding section.

PART X

RECOGNIZANCES AND SECURITY

203. Any person may by complaint call upon any Binding over to
keep the peace.

other person to show cause why he should not be bound over
in recognizances to keep the peace or be of good behaviour
towards such complainant and the Magistrate may make an
order adjudging the person complained against to enter into
recognizances and find sureties in that behalf and the
complainant and defendant and witnesses may be called and
examined and cross-examined and the complainant and
defendant shall be subject to all the provisions of this Act
relating to summary convictions except so far as is by this
Act otherwise provided.

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80 CAP. 255) Magistrate's Code of Procedure

Defendant in
default may be 204. The Magistrate may order the defendant in
committed. default of complying with such order as in the last preceding -

section mentioned t o be imprisoned for a period not exceeding
six months.

Magistrate may
vary the order

205. Where a person has been committed to prison
on cause by a Magistrate as in the last preceding section mentioned

any other Magistrate may on application made to him inquire
into the case of the person so committed and if upon new
evidence being produced on proof of a change of
circumstances the Magistrate thinks it just to do so he may
reduce the amount mentioned in the recognizance or dispense
with the sureties or otherwise deal with the case as he shall
think just.

Form of
recognizance.

206. Every recognizance shall specify the profession
or calling of the person entering into or acknowledging the
same together with his Christian and surname and the name
of his place of residence and when duly acknowledged shall
be subscribed by the Magistrate before whom it is
acknowledged and it shall be conditioned in the case of-

( a ) an accused person that he will duly appear at
the time and place of trial or of adjourned hearing, and
not depart the Court without leave;

(6) a prosecutor or witness that he will duly appear
at the time and place of the trial of the accused and
then and there prosecute or give evidence or prosecute
and give evidence as the case may be against the per-
son accused; and

(c) in the case of recognizances to keep the peace
or to be of good behaviour and in any other case in
such manner as the Magistrate shall direct.

Notice of
recognizance.

207. A written notice of such recognizance signed
by the Magistrate shall at the same time be given to the
person bound thereby.

Proof of 208. The Magistrate may in his discretion require
sufficiency.

any person entering into recognizances whether as a surety
or otherwise to justify upon oath as to their sufficiency.

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Magistrate's Code of Procedure (CAP. 255

209. Where a recognizance is conditioned for the Estreating
recognizances appearance of a person before a Magistrate or for his doing conditioned for

some other matter or thing to be done before a Magistrate appearance.
or in a prosecution in a Magistrate's Court, the Magistrate
if such recognizance appears to him to be forfeited may
declare the same to be forfeited and enforce payment of the
sum due thereunder in the same manner as the payment
of a fine may be enforced which has been imposed on
summary conviction:

Provided that at any time before the sale of goods under
a warrant of distress far the said sum the said Magistrate
or any other Magistrate may cancel or mitigate the forfeiture
upon the person liable applying and giving security to the
satisfaction of the Magistrate for the future performance of
the conditions of his recognizance and paying or giving
security for the payment of the costs incurred in respect of
the forfeiture or upon such other conditions as the Magistrate
may think just.

210. Where a recognizance conditioned to keep the ~ ; ~ ~ ; ~ ~ ~ c e
peace or be of good behaviour or not to do or commit some conditioned for
act or thing has been entered into by any person as principal ~ ~ ; ~ ~ ~ r t ~ ~ i n g
or surety before a Magistrate, such Magistrate or any other some act
Magistrate upon proof of the conviction of the person bound thing.
as principal by such recognizance of any offence which is
in law a breach of the condition of the same may by conviction
adjudge such recognizance to be forfeited and adjudge the
person bound thereby whether as principal or surety to pay
the sums for which they are respectively bound.

21 1. All sums payable in respect of a recognizance Payment of sums
forfeited.

declared or adjudged by a Magistrate to be forfeited shall
be paid into the Public Treasury or if the Magistrate shall
so direct, to the clerk of such Magistrate or if he has no
derk to the Magistrate himself and shall be paid and applied
in the manner in which fines imposed by a Magistrate in
respect of which no specid appropriation is made, are payable
and applicable.

2 12. A person seeking to put in force a recognizance Recognizances may be
ta keep the peace or to be of good behaviour may by notice ~,an,,itted to

writing require such recognizance to be transmitted to ;tp;',":a' for
the Registrar to be dealt with as the law provides.

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82 CAP. 255) Magistrate's Code of Procedure

Securities. 213. A person shall give security under this Act,
whether as principal or surety, either by the deposit of money
with the Magistrate or his clerk, if any, or by an oral or
written acknowledgement of the undertaking, or condition
by which and of the sum for which he is bound, in such
manner and form as may be for the time being directed by
any rule made in pursuance of this Act, and evidence of such
security may be provided by entry thereof in the register
under this Act of proceedings of a Magistrate or otherwise
as may be directed by such rule.

HOW forfeited 214. Any sum which may become due in pursuance
security is to be
realized. of a security under this Act from a surety shall be recoverable

summarily, in manner directed by this Act with respect to
a civil debt or summons by a constable or by the clerk of
the Magistrate directing such security to be given, or by some
other person authorized for the purpose by that Magistrate
or any other Magistrate.

Security given by
a principal on 215. A Magistrate may refuse payment of any sum
conviction to be due bv a ~ r i n c i ~ a l in Dursuance of a securitv under this Act , .
recovered like a
fine. which appears to such Magistrate to be forfeited, in the same

manner as the payment of the fine may be enforced which
has been imposed on summary conviction, if the security
was given for a sum adjudged by conviction, and in any
other case in like manner as if it were a sum adjudged by
a Magistrate to be paid as a civil debt:

Provided that before a warrant of distress for the sum
is issued, such notice of the forfeiture shall be served on the
said principal, and in such manner as may be directed for
the time being by rules under this Act, and subject thereto
by the Magistrate authorizing security, or by any Magistrate
to whom application is made for the issue of the warrant.

Surety paying
under a security

216. Any sum paid by a surety on behalf of his
may recover the principal in respect of a security under this Act, together
amount from the with all costs, charges and expenses incurred by such surety
principal.

in respect of such security, shall be deemed a civil debt due
to him from the principal, and may be recovered before a
Magistrate in manner directed by this Act, with respect to
the recovery of a civil debt which is recoverable summarily.

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Magistrate's Code of Procedure (CAP. 255 83

2 17. Where a security is given under this Act for Security to be
realized before payment of a sum of money, the payment of such sum shall other steps are

be enforced by means of such security in substitution for taken.
other means of enforcing such payment.

218. When a Magistrate has fixed as respects any P,';:pj:y
recognizance, the amount in which the principal and the court.
sureties (if any) are to be bound, the recognizance not-
withstanding anything in this or any other statute need not
be entered into before such Magistrate but may, subject to
any rules made in pursuance of this Act, be entered into
by the parties before any other Magistrate or before any clerk
of a Magistrate, or before any officer of police or constable
in charge of any police station or where any of the parties
is in prison before the keeper of such prison, and where a
recognizance has been entered into for the due appearance
of the principal at any Magistrate's Court and such person
duly appears in accordance with the condition in such
recognizance, the bail may be renewed by any constable in
the said Court, if the Magistrate be not present, and
thereupon all the consequences of law shall ensue, and the
provisions of this Act with respect to recognizances taken
before a Magistrate shall apply as if the recognizances had
been entered into before the said Magistrate as heretofore
by law required.

PART XI

DISTRESS

219. The wearing apparel and bedding of a person What may not be
and his family, and, to the value of three hundred dollars

taken.

the tools and implements of his trade, shall not be taken
under a distress issued by a Magistrate.

220. A warrant of distress shall be executed by or warrant how
executed.

under the direction of a constable.

22 1. Save so far as the person against whom the ~ ; ~ ~ ; i ~ ~ ; ~
distress is levied otherwise consents in writing, the distress
shall be sold by public auction, and five clear days at the
least shall intervene between the making of the distress and
the sale, and where written consent is so given as aforesaid
the sale may be made in accordance with such consent.

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84 CAP. 255) Magistrate's Code of Procedure

Period during
which distress to 222. Subject as aforesaid the distress shall be sold
be sold. within the period fixed by the warrant, and if no period is

so fixed, then within the.period of fourteen days kom the
date of making of the distress, unless the sum for which the
warrant was issued, and also the charges of taking and
keeping the said distress, are sooner paid.

Impounding
goods levied on.

223. Subject to any directions to the contrary given
by the warrant of distress, where the distress is levied on
household goods, the goods shall not, except with the consent
in writing of the person against whom the distress is levied,
be removed from the house until the day of sale, but so much
of the goods shall be impounded as are in the opinion of
the person executing the warrant sufficient to satisfy the
distress, by affixing to the articles impounded a conspicuous
mark, and any person removing any goods so marked, or
defacing or removing the said mark, shall on summary
conviction be liable to a fine not exceeding two hundred and
fifty dollars.

Penalty for
extortion &c.

224. Where a person charged with the execution of
a warrant of distress. wilfullv retains from the ~roduce of
any goods sold to satisfy the distress, or otherwise exacts,
any greater costs and charges than those to which he is for
the time being entitled by law, or makes any improper charge,
he shall be liable on summary conviction to a fine not
exceeding five hundred dollars.

Account of costs
to be sent to

225. A written account of the costs and charges
~ ~ ~ i ~ t ~ ~ t ~ . incurred in respect of the execution of any warrant of distress

shall be sent by the constable charged with the execution
of the warrant so soon as practicable to the Magistrate issuing
the warrant, and it shall be lawful for the person upon whose
goods the distress was levied within one month after the levy
of the distress to inspect such account without fee or reward
at any reasonable time to be appointed by the Magistrate,
and to take a copy of such account.

Costs of sale to
be deducted from
proceeds.

226. A constable charged with the execution of a
warrant of distress shall cause the distress to be sold, and
may deduct out of the amount realized by such sale all costs
and charges actually incurred in effecting such sale, and shall
render to the owner the overplus, if any, after retaining the

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Magistrate's Code of Procedure (CAP. 255 8 5

amount of the sum for which the warrant was issued and
the proper costs and charges of the execution of the warrant.

227. Where a person pays or tenders to the constable Warrant not to
be executed if charged with the execution of a warrant of distress the sum due and

mentioned in such warrant, or produces the receipt for the all costs are paid
or tendered. same of the Magistrate or the clerk of the Magistrate issuing

the warrant, and also pays the amount of the costs and
charges of such distress up to the time of such payment or
tender, the constable shall not execute the warrant.

228. It shall be lawful for any person, other than the Replevy.
person mentioned in the warrant claiming to be the owner
of property levied on within the five clear days in section 221
mentioned, to replevy the same in the manner and form in
which goods are replevied which have been distrained upon
for non-payment of rent. If within such five days as aforesaid
the property levied on is not replevied no person other than
the person mentioned in the warrant as aforesaid shall have
any right of action against any other person in respect of
such property.

PART XI1

MISCELLANEOUS

229. For the purposes of the trial of any offence General
provisions as to

punishable on summary conviction under this Act or under local jurisdiction
any other Act whether past or future, the following provisions Magistrates.
shall have effect-

(a ) Where the offence is committed in any harbour,
river, arm of the sea, or other water, tidal or other-
wise, which runs between or forms the boundary of the
district of two or more Magistrates, such offence may
be tried by any one of such Magistrates;

( 6 ) Where the offence is committed on the
boundary of the districts of two or more Magistrates
or within the distance of five hundred yards of any such
boundary, or is begun within the district of one
Magistrate and completed within the district of another
Magistrate, such offence may be tried by any one of
such Magistrates;

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86 CAP. 255) Magistrate's Code of Procedure

(c ) Where the offence is committed on any person
or in respect of any property in or upon any carriage,
cart, or vehicle whatsoever employed in a journey, or
on board any vessel whatsoever employed in inland
navigation, the person accused of such offence may be
tried by any Magistrate through whose district such
carriage, cart, vehicle, or vessel passed in the course
of the journey or voyage during which the offence was
committed; and where the side, bank, centre or other
part of the highway, road or inland navigation, along
which the carriage, cart, vehicle or vessel passed in the
course of such journey or voyage is the boundary of
the district of two or more Magistrates, a person may
be tried for such offence by any one of such Magistrates;

(d) An offence which is authorized by this section
to be tried by any Magistrate may be dealt with, heard,
tried, determined, adjudged and punished as if the
offence had been wholly committed within the district
of such Magistrate;

(e) All offences against the laws relating to the
revenue, the post office, shipping, ports and quarantine
that may by any Act be tried, determined and adjudged
by any Magistrate shall, at the option of the prosecutor,
complainant or informer, be so heard, tried, determined
and adjudged at the chief town in Antigua and Barbuda,
instead of in the district in which the offence charged
is alleged to have been committed.

No objection to
be allowed on

230. No objection shall be allowed to any
point of form or information, complaint, summons or warrant for any alleged
variance. defect therein in substance or in form or for any variance

between such information, complaint, summons or warrant
and the evidence adduced on the part of the informant or
complainant at the hearing of such information or complaint.

NO objection to 231. In all cases of information or complaint for
be allowed as to
variance as to offences or acts punishable upon summary conviction any
time or place. variance between the information or complaint and the

evidence adduced in support thereof, as to the time at which
such offence or act is alleged to have been committed shall
not be deemed material, if it be proved that such information
or complaint was in fact laid within the time limited by law

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Magistrate's Code of Procedure ( C A P . 255 8 7

for laying the same, and any variance between the
irlfcu-matioo er complaint and the evidence adduced in
suppart thereto, as to the place in which the offence or act
is Jleged to have been committed, shall not be deemed
material if the offence or act be proved to have been
committed within the jurisdiction of Antigua and Barbuda.

232. If any such variance or any other variance If party charged
is deceived by between the information or complaint and the evidence var~anc,,

adduced in support thereof, appears to the Magistrate present Magistrate
adjourn hearing. and acting at the hearing to be such that the party charged

by the information or complaint has been thereby deceived
or misled, the Magistrate upon such terms as he may think
fit, may adjourn the hearing of the case to some future day,
and in the meantime commit the defendant to prison, or
to such other custody as the Magistrate thinks fit, or may
discharge him upon his entering into a recognizance, with
or without surety or sureties at the discretion of the
Magistrate, conditioned for his appearance at the time and
place to which the hearing is adjourned.

233. In any information or complaint or proceeding Description of
the property of

thereon in which it is necessary to state the ownership of partners, etc.
any preperty belonging to or in possession of partners, joint-
tenwta, pawenera, ar tenants in common, it shall be sufficient
ts name one of such persons and to state the property to
belong ta the person so named, and another, or others as
the case may be; and whenever in any information or
camplaint or the proceedings thereon it is necesary to mention
far 3ny purpose whatsoever any partners, joint-tenants,
parceners, or tenants in common, it shall be sufficient to
deacribe them in the manner aforesaid; and whenever in any
iaf~rmatisn or complaint or the proceedings thereon, it is
necessary te describe the ownership of any work or building
made, maintained, or repaired at the expense of the
earpnr~tion ar inhabitants of any place, or of any materials
far the making or repairing of the same, they may be therein
deseribed as the property of the inhabitants of such place.

234, The description of any offence in the words of Description of the offence.
the Act, order, by-law, regulation, or other document creating
the offence clr in similar words shall be sufficient in law.

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CAP. 255) Magistrate's Code of Procedure

Exception or
proviao may be
proved by
defendant.

Warrant of
distress not to be
impeached for
want of form.

Power to sell
forfeitures.

Procedure where
a person charged
with an
indictable offence
is dealt with
summarily.

235. Any exception, exemption, proviso, excuse or
qualification whether it does or does not accompany in the
same section the description of the offence in the Act, order,
by-law, regulation or other document creating the offence
may be proved by the defendant but need not be specified
or negatived in the information or complaint and if so
specified or negatived no proof in relation to the matter so
specified or negatived shall be required on the part of the
informant or complainant.

236. A warrant of distress shall not be deemed void
by reason only of any defect therein, if it be therein alleged
that a conviction or order has been made and there is a good
and valid conviction or order to sustain the same, and a
person acting under a warrant of distress shall not be deemed
a trespasser from the beginning by reason of any defect in
the warrant, or of any irregularity in the execution of the
warrant, but this enactment shall not prejudice the right of
any person to satisfaction for any special damage caused by
any defect in or irregularity in the execution of a warrant
of distress, so however that if amends are tendered before
action brought and if the action is brought and any monies
are paid into Court in the action and if the plaintiff does
not recover more than the sum so tendered and paid into
Court, the plaintiff shall not be entitled to any costs incurred
after such tender, and the defendant shall be entitled to costs
to be taxed as between solicitor and client.

23 7. All forfeitures not pecuniary which are in respect
of an offence triable by a Magistrate or which may be
enforced by a Magistrate may be sold or disposed of in such
manner as the Magistrate having cognizance of the case may
direct and the proceeds of such sale shall unless otherwise
provided be applied in the like manner as if the proceeds
were a fine imposed under the Act on which the proceedings
for the forfeiture are founded.

238. Where an indictable offence is under the
circumstances in this Act mentioned authorized to be dealt
with summarily-

(a) The procedure shall until the Magistrate
assumes the power to deal with such offence summarily
be the same in all respects as if the offence were to be

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Magistrate's Code of Procedure (CAP. 255 89

dealt with throughout as an indictable offence but when
and so soon as the Magistrate assumes the power to
deal with such offence summarily the procedure shall
be the same from and after that moment as if the offence
were an offence punishable summarily and not on
indictment and the provisions of this Act shall apply
accordingly;

(6) The evidence of any witness taken before the
Magistrate assumed such power as aforesaid need not
be taken again, but every such witness shall if the
defendant so require it be reciilled for purposes of cross-
examination;

( c ) The conviction for any such offence shall be of
the same effect as for the conviction for the offence on
indictment and the Magistrate may make the like order
for the restitution of property as might have been made
by the Court before which the person convicted would
have been tried if he had been tried on indictment;

(d) Where the Magistrate has assumed the power
to deal with the case summarily and shall dismiss the
charge, he shall, if so required, deliver to the person
charged a copy certified under his hand of the order
of dismissal, and such dismissal shall be of the same
effect as an acquittal on a trial of an indictment for the
offence;

(e) The conviction shall contain a statement as to
the plea of guilty of the person charged and of his consent
to be tried by the Magistrate.

239. If at any time during any proceedings before to
a Magistrate it shall become necessary to adjourn the hearing and
of the same the Magistrate may from time to time adjourn remand.
the case to a certain time and place to be then appointed
in the hearing of the parties, or their counsel or solicitors,
and if the defendant is in custody he may admit him to bail
as in this Act provided, or by his warrant remand him to
prison for any time not exceeding eight clear days, and if
such remand shall not be for longer than three clear days
the Magistrate may verbally order the peace officer in whose
custody the defendant may be to keep him in custody and
to bring him up for further examination on the day appointed
for the adjourned hearing:

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90 CAP. 255) Magistrate's Code of Procedure

Provided that the Magistrate may order the defendant
to be brought up to attend such further hearing as aforesaid
at any time prior to the expiration of the time for which
he was remanded and the officer in whose custody he shall
be, shall duly obey such order.

Feesin summary 240. The following sums shall be charged and
proceedings on
information and payable upon proceedings taken and had before a
complaint. Magistrate-

For entering an information or a
................................. complaint $3.00

For every summons to a defendant ...... $1 .OO
For every summons to a witness ......... $1.00
For every warrant of arrest ................ $2.00

................... For every search warrant $3.00
For every warrant of distress .............. $3.00
For every declaration of proof under

section 241 ................................ $1 .OO
And it shall be lawful for the Magistrate to order any
information or complaint to be entered or any summons or
warrant to be issued free of charge if he shall consider it
expedient in the interests of justice to do so. And he shall
return all fees paid in case any information or complaint
for larceny or malicious injury to property shall be proved:

Provided that any preliminary inquiry upon information
or complaint of any indictable offence shall be conducted
without charge and an information or complaint by any peace
officer in the discharge of his public duty shall be conducted
without charge:

Provided further that it shall be lawful for the Governor-
General to order that any proceedings taken and had before
a Magistrate by any board or public body or by any public
official acting in the performance of his duty, shall be so
taken and had without the payment of any sums, and upon
such order being made all such proceedings shall be taken
and had without the payment of any sums.

Proof by
declaration of

241. In a proceeding within the jurisdiction of a
service of Magistrate without prejudice to any other mode of proof,
process, of service on a person of any summons, notice, process or
handwriting, &c. document required or authorized to be served, and the hand-

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Magistrate's Code of Procedure (CAP. 255 9 1

writing and seal of any Magistrate or other officer or person
on any warrant, summons, notice, process or document may
be proved by a solemn declaration taken before a Magistrate
or before a commissioner to administer oaths in the Supreme
Court or before the Registrar of the Supreme Court; and
any declaration purporting to be so taken shall until the
contrary is shown be sufficient proof of the statements
contained therein, and shall be received in evidence in any
Court or legal proceeding without proof of the signature or
of the official character of the person or persons taking or
signing the same. The declaration may be in the form
provided by a rule under this Act, and if any declaration
made under this section is untrue in any material particular,
the person wilfully making such false declaration shall be
guilty of wilful and corrupt perjury.

242. If any person- Power to preserve order.
(a) wilfully obstructs by act or threat an officer of

the Magistrate's Court in the performance of his duty
in Court; or

(6 ) within or close to the room or place where the
Magistrate is sitting, wilfully misbehaves in a violent,
threatening or disrespectful manner, to the disturbance
of the Magistrate, or to the intimidation of suitors or
others resorting to the Court; or

(c ) wilfully insults the Magistrate, or any assessor,
or any officer of the Court, during his sitting or
attendance in Court;

the person so acting shall be liable to be immediately
apprehended by order of the Magistrate, and if the Court
is then sitting or about to sit to be detained until the
rising of the Court, and on inquiry and consideration
then and there, and without further trial, to be punished
with a fine not exceeding five hundred dollars and with
imprisonment for not more than six months.

243. If any person resists or obstructs the execution Power to enforce
execution of

of anv summons. warrant or other Drocess issued bv a orocess. , n
Magistrate, any Magistrate may issue his warrant for the
arrest of such person and shall cause such person to be
brought before him and may order such person to pay a
fine not exceeding five hundred dollars or to be imprisoned

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92 CAP. 255) Magistrate's Code of Procedure

Minute to be
recorded.

for a period not exceeding one month, with or without hard
labour.

244. Where any person is punished under either of
the last two preceding sections the Magistrate shall make
and keep a minute recording the facts of the case and the
extent of the punishment and shall forthwith send a copy
of such minute to the Governor-General.

No person to be
punished twice

245. A person punished under section 242 or
for the same section 243 shall not be liable to a prosecution or action in
offence. respect of the same matter.

Enforcement of 246. An order for imprisonment or an order for the
orders made
under sections payment of any money penalty made by a Magistrate under
242 and 243. section 242 or section 243 may be enforced in the same

manner as an order for imprisonment or an order for
payment of a fine upon a conviction and every such order
may be reviewed on appeal in the manner provided by this
Act for appealing from a conviction as fully as though such
order were a conviction.

Disposal of fees,
fines, &c.

247. All fees, fines, penalties, proceeds of fafeitures
and other moneys coming into the hands of a Magistrate
or a clerk to a Magistrate shall be forthwith paid by him
into the Treasury of Antigua and Barbuda for the public
use of Antigua and Barbuda except where otherwise provid-
ed by any other Act.

Return of
property taken

248. Where any property has been taken from a
from pisoner. person charged before a Magistrate with any offence

punishable either on indictment or on summary conviction,
a report shall be made by the police to such Magistrate of
the fact of such property having been taken from the person
charged and of the particulars of such property, and the
Magistrate shall, if of opinion that the property or any portion
thereof can be returned consistently with the interests of
justice and with the safe custody of the person charged, direct
such property or any portion thereof to be returned to the
person charged or to such other person as he may direct.

Register of Court 249. (1) Every Magistrate or his clerk (if any) shall
of Magistrate.

keep a register of the minutes or memoranda of all the
convictions and orders of such Magistrate, and of such other

LAWS OF ANTIGUA AND BARBUDA

Magistrate's Code of Procedure (CAP. 255 9 3

proceedings as are directed by a rule under this Act to be
registered and shall keep the same with such particulars and
in such form as may be from time to time directed by a rule
under this Act.

(2) Such register, and also any extract from such register
certified by the clerk or the Magistrate keeping the same
to be a true extract, shall be prima facie evidence of the matters
entered therein for the purpose of informing a Magistrate
acting for the same district as the Magistrate whose
convictions, orders, 5nd proceedings are entered in the
register; but nothing in this section shall dispense with the
legal proof of a previous conviction for an offence when
required to be proved against a person charged with another
offence.

(3) The register kept by any particular clerk or
Magistrate in pursuance of this section may be distinguished
by the name of his district or by such name or description
as may be directed by a rule under this Act.

(4) The entries relating to each minute, memorandum
or proceeding shall be either entered or signed by the
Magistrate by or before whom the conviction or order or
proceeding referred to in the minute or memorandum was
made or had.

(5) Every sum paid to the clerk or Magistrate in
accordance with this Act or any Act amending this Act and
the appropriation of such sum, shall be entered and authenti-
cated in such manner as may be from time to time directed
by a rule under this Act.

(6) Every such register shall be open for inspection,
without fee or reward, by any Magistrate or by any person
authorized in that behalf by a Magistrate or by the Governor-
General.

250. (1) The Minister may make rules in relation :,91" to make
to the following matters-

(a) The giving security under this Act;

(6 ) The forms to be used under this Act;

LAWS OF ANTIGUA AND BARBUDA

94 CAP. 255) Mazistrate's Code of Procedure

(c) The regulating the form of the account to be
rendered by Magistrates or clerks of Magistrates of fines,
fees and other sums received by them, and providing
for the discontinuance of any existing account rendered
unnecessary by the aforesaid account;

(d) The regulating of the procedure on appeals by
special case or otherwise under this Act; and

(e) Any other matter in relation to which rules are
authorized or required to be made under or for the
purpose of carrying into effect this Act.

(2) Any rule purporting to be made in pursuance of
this section shall be laid before Parliament for consideration
and approval as soon as may be after it is made and shall
be judicially noticed:

Provided that such rules until so considered and
approved shall have the force and effect of law.

As to offences
relating to post

251. ~ 1 1 offences against any provisions in any law
office and relating to the post office where the penalty prescribed does
revenue. not exceed one thousand dollars and all offences against any

law relating to the revenue may be punished summarily by
a Magistrate under this Act and this Act shall apply to all
such offences.

Appl jcation
of t h ~ s Act. 252. Where by any past or future Act of Antigua

and Barbuda-

( a ) Any offence is directed or authorized to be
prosecuted summarily or "under the Magistrate's
Summary Jurisdiction Acts" or any words are used
implying that such offence is to be prosecuted
summarily; or

(b) Where any sum of money is directed or
authorized to be recovered as aforesaid; or

LAWS OF ANTIGUA AND BARBUDA

Magistrate's Code of Procedure (CAP. 255 95

(c ) Where a Magistrate is authorized to order or
require a person to do or abstain from doing any act
or thing other than the payment of money as aforesaid;
or

(6) Where any thing is declared capable of being
enforced summarily or by summary order; or

(e) Where any amount is declared to be recoverable
summarily as a civil debt;

then this Act shall apply accordingly and where in such past
or future Acts as aforesaid the expression "Magistrate's
Summary Jurisdiction Acts" is used, such expression as
aforesaid shall mean this Act and any Act amending the same.

LAWS OF ANTIGUA AND BARBUDA

96 CAP. 255) Magistrate's Code of Procedure

311892. FIRST SCHEDULE Ss. 46 and 47

INDICTABLE OFFENCES WHICH CAN BE DEALT WITH
SUMMARILY UNDER THIS ACT

FIRST COLUMN
Adults pleading guilty

SECOND COLUMN
Adults consenting

1 . Simple larceny where the money
or personal property stolen in the
opinion of the Magistrate exceeds
the amount or value of five
hundred dollars.

2. Offences declared by any Act for
the time being in force to be
punishable as simple larceny.

3 . Larceny from or stealing from the
person.

4. Larceny as a clerk or servant.
5. The obtaining by false pretences

with intent to cheat or defraud
money or personal property
exceeding in the opinion of the
Magistrate the amount of five
hundred dollars.

6 . Embezzlement by clerk or servant.
7. Receiving money or personal

property stolen or obtained by false
pretences with intent to cheat or
defraud knowing the same to have
been so stolen or obtained where
such money or personal property
in the opinion of the Magistrate
exceeds the amount or value of five
hundred dollars, or receiving
money or personal property stolen
from the person or by a clerk or
servant or embezzled, knowing the
same to have been so stolen or
embezzled.

Offences declared by any Act for
the time being in force to be
punishable as simple larceny,
where the value of the whole of the
property alleged to have been
stolen, destroyed, injured or other-
wise dealt with by the offender does
not in the opinion of the
Magistrate exceed five hundred
dollars.
Larceny from or stealing from the
person where the value of the
whole of the property alleged to
have been stolen does not in the
opinion of the Magistrate exceed
five hundred dollars.
Larceny as a clerk or servant where
the value of the whole of the
property alleged to have been
stolen does not in the opinion of
the Magistrate exceed five hundred
dollars.

Embezzlement by a clerk or
servant where the value of the
whole of the property alleged to
have been embezzled does not in
the opinion of the Magistrate
exceed five hundred dollars.

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Magistrate's Code of Procedure (CAP. 255 9 7

INDICTABLE OFFENCES W H I C H C A N BE DEALT W I T H
S U M M A R I L Y U N D E R T H I S A C T - C O N T ' D

8. Aiding, abetting, counselling or
procuring the commission o f simple
larceny where the money or
personal property stolen in the
opinion o f the Magistrate exceeds
the amount or value o f five
hundred dollars, or an offence
declared b y any Act for the time
being in force to be punishable as
simple larceny or o f larceny or
stealing from the person, or o f
larceny as a clerk or servant or the
obtaining b y false pretences with
intent to cheat or defraud money
or personal property exceeding in
the opinion o f the Magistrate the
amount or value o f five hundred
dollars.

9. Attempt to commit simple larceny
where the money or personal
property stolen in the opinion o f
the Magistrate exceeds the amount
or value o f five hundred dollars,
or an offence declared by any Act
for the time being in force to be
punishable as simple larceny or to
commit larceny from or steal from
the person or to commit larceny as
a clerk or servant, or to obtain by
false pretences with intent to cheat
or defraud money or personal
property exceeding in the opinion
o f the Magistrate the amount or
value o f five hundred dollars.

FIRST COLUMN

Adults pleading guilty

5. Receiving money or personal
property embezzled, knowing the
same to have been so embezzled,

SECOND COLUMN

Adults consenting

where such money or personal
property does not in the opinion
o f the Magistrate exceed the
amount or value o f five hundred
dollars.

6 . Aiding, abetting, counselling or
procuFing the commission o f an
offence declared by any Act for the
t i m e be ing i n force t o b e
punishable as simple larceny or o f
larceny or stealing from the person
or o f larceny as a clerk or servant
money or personal property where
the value o f the whole o f the
property which is the subject o f the
alleged offence does not in the
opinion o f the Magistrate exceed
five hundred dollars.

Attempt to commit simple larceny
or an offence declared by any Act
for the t ime being in force to be
punishable as simple larceny or to
commit larceny from or steal from
the person or to commit larceny
as a clerk or servant, or to obtain
by false pretences with intent to
cheat or defraud m o n e y or
personal property where the value
o f the whole o f the property which
is the subject o f the alleged offence
does not in the opinion o f the
Magistrate exceed five hundred
dollars.

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98 CAP. 255) Magistrate's Code of Procedure

S.R.O. (L.I.)
2811932.

SECOND SCHEDULE S 150
S.R.O. (L.I.)

3411934.
1 . COURT FEES $ c

(a) Entering a Suit including Summons and Copy
for Service and Judgment ....................... 1 44

(b) Hearing Fee ......................................... 48
(c) Court Interpreter's Fee ........................... 48
(d) Order for leave to sue in another district ... 1 20
(e) Summons to witness and copy for service .. 7 2
V) Execution (Fi, fa) .................................. 1 44
e) Warrant of distress under Small Trespass Act

or of possession or execution under the Small
Tenements Act ..................................... 1 44

(h ) Warrant of Committal under Small Trespass
Act ..................................................... 1 44

(i) Order of Attachment of moneys or Garnishee
Summons ............................................. 1 44

O Any other Summons, including Copy for
Service and Order thereon ...................... 1 44

(k) Order for a New Trial ........................... 1 20
(I) Affidavit, each oath ............................... 7 2
(m) Appointment of Estimators, under Small

Tenements Act ..................................... 96

2. BAILIFFS FEES
(a) Service of Summons, Notice or other documents

required to be served ............................. 48
(6) Arrest under order of Committal on Judgement

Summons, and taking person arrested to prison 1 44
(c) Seizure of Property under Attachment,

Possession or Execution .......................... 1 44
(d) Taking Security or Bail and enquiring into

sufficiency thereof .................................. 1 20

(e ) Levy Fee-5 per cent, on net proceeds of sale.

3 . Provided that the above mentioned scale shall be varied
according to the amount endorsed upon the Statement of Claim
as follows-
(a) Where the amount claimed does not exceed $24.00 all fees

shall be reduced by 50%
(6) Where the amount claimed exceeds $48.00 all fees shall

be increased by 50%.

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Magistrate's Code of Procedure (CAP. 255 99

(6) Where no specific amount of claim is endorsed upon the
writ of summons, then the scale of fees contained in
paragraphs 1 and 2 of this Schedule shall be payable
without variation, provided that the Magistrate shall-
unless in exceptional circumstances-order special addi-
tional Court fees to be paid by the party against whom
judgment is given in all cases where the amount adjudg-
ed recoverable exceeds $48.00 in accordance with the scale
of fees contained in paragraph 3(b) of this Schedule.

(6) Where counter claims are set off against each other,
whether for liquidated amounts or not, each claim shall
be calculated separately in deciding which scale of Court
Fees shall be chargeable therefor.

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