Magistrates Code of Procedure (Amendment) Act 1993

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L.S.

No. 3 of 1993. The Magistrate's Code of Procedure
(Amendment) Act, 1993.

I Assent,

ANTIGUA
AND

BARBUDA

Wilfred Jacobs,
Governor-General.

17th February, 1993.

ANTIGUA AND BARBUDA
1

No. 3 of 1993.

AN ACT to amend the Magistrate's Code of Procedure AL
(Cap. 48).

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Magistrate's Code of shofi title.
Procedure (Amendment) Act, 1993.

2. The Magistrate's Code of Procedure Act in fhis Act Amendment of
referred to as the principal Act is amended in section 95 by section 95 of Cap. 48.
deleting the words "five hundred and substituting the words
"five thousand".

3. Section 97 of the principal Act is amended in subsection Amendment of
(1) - section 97 of Cap. 48.

(a) by deleting the words "eighteen months" and
substituting the words "two years"; and

(b) by deleting the words "two years" and substituting
the words "three years".

ANTIGUA 2 The Magistrate's Code of Procedure No. 3 of 1993.
AND (Amendment) Act, 1993.

BARBUDA

Amendment of 4. Section 119 of the principal Act is amended as follows-
section 119 of Cap.

(a) by the substitution for sub-paragraph (4) (c) of the
following -

"(c) that the defendant shall pay to the applicant
personally, or for the use of the applicant to
any officer of the Court or to a third person
on behalfofthe applicant, a weekly sum not
exceeding seventy-fivedollars. The Magis-
trate may, having regard to the means of
both applicant and defendant, order the
payment of a sum more than seventy-five
dollars if he considers such increase just
and reasonable". 4

(b) by the substitution for sub-paragraph (4) (d) of the
following -

"(d) that the defendant shall pay to the applicant,
or to an officer of the Court or to a third
person on behalf of the applicant a weekly
sum not exceeding thirty dollars for the
maintenance of each of the children of the
marriage. The Magistrate may, having re-
gard to the means of both the defendant and
the applicant and all other circumstances,
order the defendant to pay a weekly sum of
more than thirty dollars if he considers such
increase just and reasonable".

(c) by the deletion of the words "fifteen dollars" in
paragraph 4 (e) and the substitution of the words
"thirty dollars"; and

(d) by the deletion of the semicolon and the word
"and after the word "years" inparagraph4 (e)and
the insertion of a full stop and the following:

"The Magistrate may having regard to the means
of both the applicant wife and the defendant
husband and all other circurnsmces, order the
husband to pay a weekly sum of more iem thirty
dollars if hc considers such hakcrease just and
reasonable."

No. 3 of 1993. The Magistrate's Code of Procedure 3 ANTIGUA
(Amendment) Act, 1993. AND

BARBUDA

5. Section 124 of the principal Act is repealed and replaced section 124 of Cap.
by the following - 48 repealed and

replaced.

"(1) On the appearance of the person so summoned or
on proof that the summons was duly served, the Mag-
istrate 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 satisfation of the Magistrate, he may -

(a) adjudge the man to be the father of such
child; and

(b) make an order on him for the payment to the
mother of the child or to any person having
custody of the child -

(i) a sum of money weekly not exceed-
ing thirty dollars for the maintenance
and education of the child; but he
may, having regard to the menas of
both father and mother and all the
circumstances, ordera sum of money
more than thirty dollars if he consid-
ers such increase just and reasonable.

(ii) a further sum of money for the ex-
penses incidental to the birth of such
child and of the funeral expenses of
the child, provided it has died before
the making of the order, and

(iii) such costs as may have been incurred
in the obtaining of such order.

(2)Where an Order is made under subsection (1) in
respect of the matters therein mentioned, the Magistrate
by whom any such order for payment was made or any
other Magistrate sitting in his stead may, on application
by either the father or the mother of such child and
having regard to the meals of both father and mother
and all othcr circumstances, order the father to pay a
weekly sum of more than thirty dollars, if he considers
such increase just and reasonable."

ANTIGUA 4 The Magistrate's Code of Procedure NO. 3 of 1993.
AND (Amendment) Act, 1993.

BARBUDA

Amendment of 6. Section 146 of the principal Act is amended by the
14' of Cap. addition immediately after subsection (3) of the following

48.
subsection -

"(4) The Minister may, by Order alter the fees
prescribed in the Second Schedule."

Section 164 of Cap. 7. Section 164 of the principal Act is repealed and replaced
48 repealed and by the following -
replaced. "(1) Where an appeal is lodged against a decision,

judgment or order of a Magistrate, the appellant may
apply to the High Court for the suspension of the
execution of such decision, judgment or order until the
final determination of the appeal.

(2) If the Judge before whom the application is heard
decides to suspend the execution of the decision, judg-
ment or order of the Magistrate, he may order the
appellant to give such security as he may, in the
circumstances, consider appropriate."

Section 168 of the 8. Section 168 of the principal Act is repealed and replaced
principal Act is by the following -
repealed and
replaced.

"168. Where the appellant is in custody the Magis-
trate before whom he appears to enter intoarecognisance
may, if he considers it proper in the circumstances,
release him from custody on his own recognisance or
order him to give such other security as he considers
appropriate."

Section 235 of 9. Section 235 of the principal Act is repealed and replaced
~ i n c i ~ a l Act repealed by the following -
and replaced.

"235. (1) The following fees shall be charged and
payable upon proceedings taken and had before a
Magistrate -

"For entering an information or a complaint $20.00

For thz entering of a complaint relating to tbe
maintenance of a child or chddre~a 18.00

For every summons to a defenhe 10.00

No. 3 of 1993. The Magistrate's cod^ of Procedure 5 ANTIGUA
(Amendment) Act, 1993. AND

BARBUDA

For every summons to a witness 10.00

For every warrant of arrest 15.00

For every search warrant 15.00

For every warrant of distress 20.00

For every declaration of proof under
section 236 10.00

(2) The Magistrate may, if he consideres it expedient
or in the interest of justice so to do, order any informa-
tion or complaint to be entered or any summons or
warrant to be issued without the payment of any charge.

(3) The Magistrate shall return to a complainant any
fees paid in respect of any proven information or
complaint for larceny or malicious injury to property.

(4) Notwithstanding the provisions of subsection (I),
there shall be no charge ill respect of -

(a) any preliminary inquiry upon information
or complaint of an indictable offence;

(b) any information or complaint by any police
officer in the discharge of his public duty;

(c) proceedings taken and had before a Magis-
trate by any Statutory body or any public
officer acting in the performanceof his duty
as such public officer."

(5) The Minister may, by Order alter the fees prescribed
in subsection (1).

10. The Second Schedule to the Magistrate's Code of Second Schedule of
Procedure Act is hereby repealed and replaced by the follow- principal Act repealed
ing new Schedule. and replaced.

ANTIGUA 6 The Magistrate's Code of Procedure No. 3 of 1993.
AND (Amendment) Act, 1993.

BARBUDA

"SECOND SCHEDULE

1. COURT FEES

(a) Entering a Suit including Summons and Copy for
Service and Judgment

(b) Court Interpreter's Fees

(c) Order for leave to sue in another district

(4 Summons to witness a copy for service

(e) Executions (Fi, Fa)

(f) Warrant of distress under Small Tresspass Act or
possession or execution under the Small Tenements
Act

(g) Warrant of Committal under Small Tresspass Act

(h) Order of Attachment of moneys or Ganishee Sum-
mons

(i) .4ny other Summons, including Copy for Service
and Order thereon

(j) Order for New Trial

(k) Affidavit, each oath

( I ) Appointment of Estimators under Small Tene-
ments Act

2. BAILIFF'S FEES

(a) Service of Summons, Notice or other documents
required

(b) Arrest under order of Committal Summons, and
taking person arrested to prison

(c) Seizure of Property under Attachment, Possession
or Execution 20.00

No. 3 of 1993. The Magistrate's Code of Procedure 7 ANTIGUA
(Amendment) Act, 1993. AND

BARBUDA

(d) Taking Security or Bail and enquiring into suffi-
ciency thereof 10.00

(e) Levy Fee - 5 per cent, or 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 $100.00 fees shall be
reduced by 50%.

(b) Where theamount claimedexceeds $200.00 all fees shall be increased
by 50%.

(c) 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 the
Schedule shall be payable without variation, provided that the Mag-
istrate shall - unless in exceptional circumstances - or by special
additional Court fees to be paid by the party against whom judgment
is given in all cases where the amount adjudged recoverable exceeds
$200.00 in accordance with the scale of fees contained in paragraph
3 (b) of this Schedule.

(d) Where Counter Claims are set off against each other, whether for
liquidated amount or not, each claim shall be calculated separately in
deciding which scale of Court fees shall be chargeable therefor."

Passed the House of Representatives Passed the Senate this 1 lth day of
this 21st day of Febrauary, 1993. February, 1993.

C.L. Murray,
Speaker.

B.T. Carrott,
President.

L.A. Dowe, L.A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by James Adolphus McKenzie Sebastian, Government Printer,

-By Authority, 1993.
800-2.93 [Price $2.951

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