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Summary Jurisdiction (CAP. 420 1

CHAPTER 420

THE SUMMARY JURISDICTION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

The Court -Judges, Officers and Seal

3. Establishment of the Court.
4. Judges.
5. Officers.
6. Seal.

Jurisdiction

7. General jurisdiction.
8. Trespass and title to land.
9. Jurisdiction in equity.

10. Power of Court to order survey of disputed boundary.
11. Transfer of suit to High Court.
12. Penalty for instituting suits unnecessarily in Supreme

Court.
13. General sittings of the Court.
14. Special sittings

PART 111

Clerk of the Court

15. Clerk may administer oaths, kc.
16. Taxing of costs by Clerk.
17. Powers vested in Clerk.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 420) Summary Jurisdiction

Procedure and Practice

Institution of suits.
Service of process.
Summary hearing.
Notice of hearing and special defence.
Non-appearance of plaintiff or defendant.
Proceedings not to be sqt aside for want of form.
Executors, minors, &c., may sue or be sued.
Claim not to be split, but excess may be abandoned.
Set off and cross-suit. ' '
Specific delivery of chattels.
Reference in matters of account.
Relief from adverse claims.
Production of documents.
Evidence, books of account, affidavits.
Examination of witnesses out of Court.
Security for costs.
Attachment of goods before judgment.
Compensation for needless attachment.
Arbitration.
Nonsuit.
New trial.
Supreme Court Act applicable in cases not provided for.

Decrees and Orders

Entry of judgment. Formal decree.
Payment by instalments.
Enforcement of decree for payment of money.
Judgment by confession or consent of parties.
Where decree for payment by instalments.
Mode of execution.
Return of writ.
Mode of sale.
Judgment debtor summons.
Garnishee summons.
Moneys levied to be paid into Court.

Interpleader summons.

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Summary Jurisdiction (CAP. 420 3

PART VII

Miscellaneous

Signature ofjudge dispensed with.
Power of judge in Chambers.
Rules of Court.
Saving of Rules.
Forms. Schedule.
Scale of Fees. Schedule.
Power of the Court as to costs.
Allowance to parties and witnesses.
Costs of process.

PART VIII

Appeals.

Right of appeals.
SCHEDULE.

SUMMARY JURISDICTION

(3rd July, 1874.)

1. This Act may be cited as the Summary Jurisdiction Short tide.
Act.

2. In this Act- Interpretation.

"Bailiff' means the Provost-Marshal, or the officer
appointed by him to execute the process of the
Court;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 420) Summary Jurisdiction

"Clerk" means the Registrar of the High Court;

"Court" or "Summary Court" means the Court of
Summary Jurisdiction established by this Act;

"decision" includes every order, or other determina-
tion of a case;

"Judge" means the presiding Judge for the time being;

"judgment," and "decree," and "action," and "suit,"
shall respectively be deemed synonymous terms;

"judgment creditor" means any person to whom any
money is, for the time being, payable under any
decree, or order, of the Court;

"judgment debtor" means any person by whom any
money is, for the time being, payable under any
decree, or order, of the Court.

The Court-Judges, Officers and Seal

Establishment of
the Court.

3. A Court, to be called "The Court of Summary
Jurisdiction," is hereby established, which shall be a Court
of Record with such jurisdiction as is hereinafter defined.

~udges. 4. The Judges, for the time being, of the High Court
shall be Judges of the Court of Summary Jurisdiction, and
shall transact the business thereof without additional salary.

officers. 5. The Officers of the High Court for the time being
shall be the officers of the Court of Summary Jurisdiction,
and shall transact therein, without additional salary, such
duties as the Court shall prescribe.

Seal. 6. The Court shall have and use, as occasion may
require, a seal bearing the inscription "Court of Summary
Jurisdiction, Antigua and Barbuda", and all writs and other
process of the Court shall be sealed and stamped therewith:

Provided that until such a seal is available a stamp bear-
ing the words "Court of Summary Jurisdiction, Antigua and

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 5

Barbuda", and countersigned by the Clerk may be used
instead of such a seal.

Jurisdiction

7. The Court shall be held before one Judge, who Fs;ttion,
shall have full power and authority to hear and determine
in a summary way, and without the intervention of ajury, all
disputes and differences between party and party touching
any matter of debt, breach of covenant or contract or
promise, injury to the person, or other matter, provided the
debt or damages or balance sought to be recovered shall not
exceed three thousand dollars:

Provided that the Court shall not have any jurisdiction
over the following suits, that is to say-

( a ) Suits for malicious prosecution, false impris-
onment, libel, slander, seduction, or breach of promise
of marriage.

(b) Suits which are within the civil jurisdiction
vested in Magistrates under any Act for the time being
in force within Antigua and Barbuda.

8. The Court shall have full power and jurisdiction to Trespass and title
to land.

hear and adjudicate without a jury, actions of trespass and
title to land, wherein the damages or property claimed shall
not exceed three thousand dollars:

Provided that, in case the defendant disputes the value
of the property in question, the Judge may, before entering
into the case, enquire into and fix the value thereof, and
such valuation shall be conclusive for the purpose of decid-
ing whether the Judge has jurisdiction.

9. In all cases the Court shall have jurisdiction in {$?"
equity, and, where there is conflict between Law and equity,
the rules of equity shall prevail, and govern the proceedings
in the Court.

10. (1) Where the Court is of the opinion that, for B,"d",":,"&"ep."~'f'~~
the purpose of avoiding or preventing a trespass, or for disputed
ascertaining whether a trespass has been committed, or the bou"dq.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 420) Summary Jurisdiction

extent of any trespass or for the proper determination of
the issues in dispute before it, or for any other reason, it is
necessary or expedient that the position of any boundary or
tl?e point of commencement of any boundary or of any
point on any boundary should be ascertained and repro-
duced on a plan, the Court may, if it thinks fit, order the
boundary or any points therein which may be in dispute to
be ascertained by a land surveyor and reproduced on a plan
for the information of the Court, and may give such direc-
tions as it may deem necessary, for the effective execution of
its order.

(2) The expenses of the survey shall form part of the
costs of the action and shall be divided equally between the
parties to the action each of whom shall deposit with the
Clerk his proportionate share of the said expenses before
the survey is commenced.

(3) After the plan has been prepared it shall be lodged
with the Clerk and the parties to the action shall be entitled
to cross-examine the surveyor thereon.

(4) The expenses of the survey shall be deposited by
the parties with the Clerk within thirty days from the date of
the order of the Court and if the plaintiff shall fail or refuse
to deposit his share of the expenses within the prescribed
period, the action shall be dismissed provided however that
the Court may on application by the plaintiff and on pay-
ment by him of his share of the expenses within twenty-one
days after the action was dismissed restore the same to the
list for hearing on such terms as to costs or otherwise as it
may deem just and equitable.

(5) Where the defendant shall make default in
depositing his share of the expenses within the prescribed
time, and the plaintiff is willing to pay the expenses himself,
the Court may, after giving notice to the defendant, permit
the plaintiff to deposit the whole of the expenses of the sur-
vey with the Clerk, and if the defendant is successful in the
action he shall not be entitled to the costs thereof.

Transfer ofsuit to 11. If the Court, on any special grounds, shall be of
High Court.

opinion that any suit instituted in the Court, although within

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 i

the jurisdiction conferred thereon by this Act, ought to be
tried in the High Court, it shall be lawful for the Court to
order that the suit be transferred to the High Court; and
thereupon the Clerk shall annex to the writ of summons an
office copy of such order, and shall transmit the same,
together with any documents filed in the cause, to the High
Court; and the plaintiff shall, within fifteen days from the
date of such order, file his plaint in the High Court, and the
case shall proceed as if the same had originated there. The
costs of the proceedings in the Court below shall be costs in
the cause.

12. In all suits instituted in the High Court, if the Ezzs~G
sum recovered shall not exceed three thousand dollars, and -eceyi,
the subject matter of the suit is within the jurisdiction of the Highcourt.
Court established by this Act, the plaintiff shall pay the
entire costs of the suit, unless the presiding Judge shall certi-
f j r that the suit was a fit and proper one to be instituted in
the High Court, or unless the same was so instituted under
the last preceding section:

Provided that this section shall not apply to suits for
unliquidated damages unless the amount recovered shall
not exceed five hundred dollars.

13. The Court shall hold sittings in Antigua at the z;;z%
Court House in the City of Saint John's on the first day
of every month of the year:

Provided that in case any of such days should fall on a
Sunday or on any public holiday the sitting of the Court
shall be held upon the next following day which is not a
Sunday or public holiday.

14. A Judge may, at any time, appoint special sittings Specialsit%
of the Court for the hearing and determination of any
cause, action, or suit, whenever circumstances render it, in
his opinion, expedient so to do, at least three days' notice
thereof being given by affixing such notice outside the
Court House at the place where such special sitting is to be
held, and upon similar notice being given to the plaintiff
and defendant by the Clerk.

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8 CAP. 420) Summary Jurisdiction

Clerk of the Court
Clerk may
administer

15. The Clerk shall have power to administer oaths,
oaths, &c. and take solemn declarations or affirmations in lieu of

oaths.

Taxing of costs
by Clerk.

16. The Clerk shall be the Taxing Master, and shall
tax all bills of costs in accordance with the scale of fees for
the time being in force, subject to a review of such taxation
on summary application to a Judge in Chambers.

Powers vested
in Clerk.

17. The Clerk shall have power-

(1) To open, adjourn and close the Court:

Provided that, in the event of the Clerk closing the Court,
all pending undisposed of matters shall stand over to the next
general, or special, sitting of the Court in the same place;

(2) To hear, determine and order judgment in all
undisputed cases of contract within the jurisdiction of the
Court, and also, in the same matters, to hear, determine and
give judgment, in default of appearance on either side:

Provided that it shall not be obligatory on the Clerk to
hear, determine, or give judgment in any case, in which
event such case shall stand over for the hearing and deci-
sion of a Judge;

(3) In all cases where he shall, under the powers con-
ferred by the last preceding subsection, order judgment, to
exercise the powers conferred on a Judge by section 41; and

(4) To issue summonses, and to hear and dispose in
Chambers of all such unopposed applications arising in any
suit, either &fore or after judgment, as may be brought
before him:

Provided that it shall not be obligatory on him to act
under this subsection, and that he may refer any such appli-
cation brought before him to a Judge for his decision:

And provided further that the Clerk shall not be
empowered to hear or determine any judgment debtor,
garnishee or interpleader summons.

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Summary Ju~sdiction (CAP. 420 9

Procedure and Practice

18. All suits under this Act shall be numbered con- 2;-
secutively in each year, and shall be commenced by a writ of
summons in the form contained in the Schedule or as near Schedule-
thereto as circumstances permit, and the said writ shall be
filled up with the particulars in the said form prescribed,
and shall be served within Antigua and Barbuda, at least six
days before the day on which the defendant is required to
appear and, in default of such service within the time speci-
fied, the suit shall not abate, but such service shall be good
for the next sitting of the Court.

19. The service of writs, orders, and other docu- gg:z:f
ments shall be effected by the Bailiff, or other proper offi-
cer in Antigua and Barbuda, by delivering a copy of the
documents to be served to the defendant, or other person
to be served, or to his attorney on record, or by leaving the
same, at the usual or last known place of abode or business
of the defendant, or other party to be served, with a proper
person for the delivery thereof to such party. In cases where
service cannot be effected in manner as aforesaid, and in
cases where the service is to be effected in any place without
Antigua and Barbuda the Clerk may direct such service to
be effected in such manner as to him shall seem meet. The
original writ, order or other document shall, when the ser-
vice thereof has been effected within Antigua and Barbuda,
be returned forthwith into Court, but when effected with-
out Antigua and Barbuda, then the document shall be
returned at any such time as the Clerk may specially direct,
with an indorsement thereon, in all cases, of the place, time
and mode of service.

20. It shall not be necessary for the defendant to s - ~ h e b ;
enter an appearance to the said writ, but, after service there-
of, the suit shall be heard and determined in a summary way
without written pleadings:

Provided that the Judge may order the plaintiff to fur-
nish further or better particulars of his claim, or to file, with-
in such time as he shall direct, a written statement thereof,
and may likewise order the defendant, within such time as
aforesaid, to file a written answer to such statement.

LAWS OF ANTIGUA AND BARBUDA

Notice of hearing
and special
defence.

Non-appearance
of plaintiff or
defendant.

Proceedings not
to be set aside for
want of form.

Executoa,
minors, &c., may
sue or be sued.

Claim not to
be split, but
excess may be
abandoned.

CAP. 420) Summary Jurisdiction

21. Except by consent, or by leave of the Court, it
shall not be competent to the defendant to enter into any
special defence such as "set off," "illegality," "want of consid-
eration," or "the limitation of the suit," unless at least men-
ty-f6ur hours written notice thereof has been first given to
the plaintiff or his solicitor, and, in case of set off pleaded,
the defendant shall serve the plaintiff with a copy of the
account or contra demand intended to be set off, and no
evidence shall be allowed in proof of any demand or item
not embraced in such set off.

22. If the plaintiff shall fail to appear at the hearing
of the suit, the Court may, in its discretion, either enter up
judgment of nonsuit or adjourn the hearing. If the defen-
dant shall fail to appear, and it shall be proved to the satis-
faction of the Court that the writ was duly served, the Court
may proceed to hear and determine the case exparte, or may
adjourn the same; and, in case judgment shall be given for
the plaintiff in the absence of the defendant, the Court may,
on his application, if it shall think fit,'upon being satisfied
that there was, and still is, a defence to the action on the
merits, and that there has been no delay, on the part of the
defendant, in making such application, set aside the judg-
ment and rehear the case.

23. No suit, or proceeding therein, shall be treated
or considered as invalid or subject to be set aside on
account of any verbal or technical error; but all errors and
mistakes may in all cases be amended or altered by the
Court in its discretion; and, unless the Court shall otherwise
direct, all applications to the Court or in Chambers, which
may be necessary in the course of any suit, may be made ver-
bally and without any preliminary formality.

24. Any executor or administrator may sue or be
sued in the Court, and judgment and execution shall be
such as, in the like case, would be given or issued in the
Supreme Court; and any person, under the age of twenty-
one years, may sue for wages, or work as a servant in the
same manner as if he were of full age.

25. No cause of action, which shall exist at any one
time, amounting in the whole to a sum exceeding three
thousand dollars as aforesaid, shall be split or divided so as

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 11

to be made the ground of two or more different actions, in
order to bring such cases within the jurisdiction of the
Court; but, if the Court shall find that the plaintiff in any
case shall have split his cause of action as aforesaid, the
Court shall dismiss the said action, without prejudice, how-
ever, to the plaintiffs right to sue upon the cause of action
in such other manner as he may be advised:

Provided that, if such plaintiff shall be satisfied to
recover a sum not exceeding seven hundred and twenty dol-
lars, then the Court shall and may entertain the action of
such plaintiff, and, in case any order shall be made in favour
of such plaintiff, the same shall be expressed to be, and shall
be, in full discharge of the whole cause of action.

26. (1) Mutual debts and liquidated demands may Setoffand
crosssuit.

be set off against each other; and, where a defendant raises
a defence by way of set off, which in the opinion of the
Court, is not admissible as set off, the Court may, either
before or at the hearing, on his application, give him liberty
to withdraw such defence and to bring a cross-suit, and may
make such order for the hearing of the suit and cross-suit,
together or otherwise, on such terms, as to costs and other
matters, as seem just.

(2) Where in any action a set off or counter claim is
established as a defence against the plaintiffs claim, the
Court may, if the balance is in favour of the defendant, give
judgment for the defendant for such balance, or may other-
wise adjudge to the defendant such relief as he may be enti-
tled to upon the merits of the case.

2'7. The Court shall have power, if it sees fit to do so, Specific delivery 1 of chattels.
upon the application of the plaintiff in an action for deten-
tion of any chattel, to order the return of the chattel
detained without giving the defendant the option of paying
the value assessed or otherwise agreed upon; and, in case
the defendant shall refuse to comply with such order, the
Court may order him to be imprisoned for any term, not
exceeding three months, and execution to issue against his
goods and chattels for the amount of such assessed or
agreed value as aforesaid, and for the costs recovered.

LAWS OF ANTIGUA AND BARBUDA

Reference in
matters of
account.

Relief from
adverse claims.

Production of
documents.

Evidence, books
of account,
affidavits.

CAP. 420) Summary Jurisdiction

28. Whenever any action or proceeding before the
Court shall involve, or consist wholly or partly of, matters of
account which cannot be conveniently investigated in the
ordinary way, the Judge may, with the consent of both par-
ties, refer such matter of account to any competent person
for a report thereon, and may, from time to time, remit such
report to the referee for recoiisideration, and may deter-
mine the action or proceeding before the Court in accor-
dance with such report or not, as he shall think fit. The
Judge may award any sum which he shall deem just and suf-
ficient, under the circumstances by way of remuneration to
the referee, and such sum shall be costs in the cause, and
shall be paid by such party, and at such times, as the Court
shall order, and the payment thereof may be enforced in the
same manner as the payment of costs.

29. Where, in any suit whatever, the defendant
claims no interest in the money claimed or other subject
matter thereof, but the right thereto is claimed by, or s u p
posed to belong to, a third party, and the defendant is ready
to pay the money claimed into Court, or dispose of the sub-
ject matter of the suit as the Court shall order, it shall be law-
ful for the Court, on the application of the defendant, and
on being satisfied that there is no collusion between him
and such third party, to order such third party to appear
before the Court to state the nature of his claim, and to
maintain or relinquish the same, and, if he maintain it, the
Court may order him to be made a defendant in the suit in
lieu of, or in addition to, the original defendant, and may
dispose of the question in a summary manner.

30. The Court may, in any proceeding, order either
party or any witness to produce before it any books, papers,
and documents in his possession, custody or control, the
production of which shall appear necessary for the proper
determination of the matter in dispute.

31. The Court, if it shall, in its discretion, think fit,
may permit either party to use his books of account as evi-
dence in support of his claim or defence, and may also take
and admit evidence by affidavit, whenever a special ground
for receiving the same shall be shown, to the satisfaction of
the Court, by the party tendering it.

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Summary Jurisdiction (CAP. 420 13

32. The Court may, in any cause or matter, where it Examinationof
witnesses out of shall appear necessary for the purpose of justice, make any cow.

order for the examination upon oath before any officer of
the Court, or any other person or persons, and at any place,
of any witness or person, and may order any deposition so
taken to be filed in the Court, and may empower any party
to any such cause or matter to give such deposition in evi-
dence therein on such terms, if any, as the Court may direct.

33. The Court may, if in any case it deems fit, require security for costs.
a plaintiff who may be out of Antigua and Barbuda, either at
the commencement of any suit, or at any time during the
progress thereof, to give security for costs to the satisfaction
of the Court, by deposit or otherwise; and may stay proceed-
ings until such security be given.

34. If it shall be shown to the satisfaction of the it$&y:g:f
Court that the defendant, with intent'to obstruct or delay jU*,t.
the execution of any judgment which may be passed against
him, is about to remove any of his goods, chattels, or effects
out of Antigua and Barbuda, it shall be lawful for the Court,
in its discretion, on the application of the plaintiff, to order
that the goods, chattels, and effects of the defendant, or any
part thereof, be forthwith attached and taken into the
hands of the Bailiff as a pledge or surety to answer the just
demands of the plaintiff, until the trial of such suit and
judgment, thereon:

Provided that the Court may at any time, upon reason-
able cause being shown, and upon such terms, if any, as to
security or otherwise as may seem just, remove the said
attachment and order the property seized to be returned.

35. If it shall appear to the Court that the attach- Compensation 6
needless

ment of the property of the defendant was applied for on .,,,he,.
insufficient grounds, or if the suit of the plaintiff is dismissed,
or judgment is given against him by default, or otherwise,
and it shall appear to the Court that there was no probable
ground for instituting the suit, the Court may, on the appli-
cation of the defendant, award against .the plaintiff such
amount, not exceeding the sum of three thousand dollars,
as it may deem a reasonable compensation to the defendant
for the expense or injury occasioned to him by the attach-
ment of his property:

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14 CAP. 420) Summary Jurisdiction

Provided that the Court shall not award a larger
amount of compensation under this section than it is com-
petent to such Court to decree in an action for damages. An
award of compensation under this section shall bar any suit
for d b a g e s in respect of such attachment.

Arbitration. 36. The Court may, in any cause, with the consent of
both parties to the action, order the same, with or without
other matters within the jurisdiction of the Court in dispute
between such parties, to be referred to arbitration to such
person or persons, and in such manner, and on such terms,
as it shall think reasonable and just; and such reference
shall not be revocable by either party, except with the con-
sent of the Court; and the award of the arbitrator, or arbitra-
tors, or umpire, shall be entered as the judgment in the
cause, and shall be as binding and effectual, to all intents
and purposes, as if given by the Court:

Provided that the Court may, if it shall think fit, on
application to it at the first Court held at the expiration of
one week after the entry of such award, set aside any such
award so given as aforesaid, or may, with the consent of both
parties, revoke the reference, or order another reference to
be made in the manner aforesaid, and the said arbitrator,
arbitrators, or umpire is and are hereby empowered to
administer an oath to all such witnesses as may appear, or be
called before him or them.

Nonsuit. 37. The Judge shall have power to nonsuit the plain-
tiff in every case in which satisfactory proof shall not be
given to him entitling either the plaintiff or the defendant
to the judgment of the Court.

New trial. 38. The Judge shall have power, if he shall think fit, to
order a new trial to be had, upon such terms as he shall think
reasonable, and, in the meantime, to stay the proceedings.

Eastern Caribbean 39. In all matters of procedure or .evidence, not pro-
Supreme Court

applicable in vided for by this Act, the provisions of the Eastern
cases not provided Caribbean Supreme Court Act, shall apply to causes and
for.
Cap. 143. proceedings in the Court in the same and the like manner

as such provisions apply to causes and proceedings in the
Supreme Court, and shall in all respects govern the same.

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 15

Decrees a n d Orders

40. Every decree or order of the Court shall be Entryof
judgment.

entered up in a minute book by the Clerk, and such entry or
minute shall have the full force and effect of a formal Formddecree.
decree or order, but the Court may direct a formal decree
or order to be drawn up on the application of either party.

41. The Court may order that money to be paid may Payment by
instalments.

be paid by instalments, with or without interest.

42. In each and every case when the Judge shall have Enforcement of
decree for

made any decree, or order, for the payment of money, the paymentof
party prosecuting such decree, or order, shall apply to the money.
Clerk for the issue of a writ, or writs, of execution directed
to the Bailiff, who is hereby authorized and empowered to
levy the amount thereof of the goods, chattels, and effects
of the judgment debtor. Such writ, or writs, may be in the
form contained in the Schedule. Schedule.

43. (1) Judgment by confession, or by consent of ~d,c2E,bzr
parties, may be entered at any time, and in every such case, comentofparties.
a memorandum of such confession or consent, and of the
particulars of the judgment to be entered, shall be signed by
the parties, or their solicitors, in the presence of the Clerk
and filed in Court.

(2) When judgment by confession, or by consent of
parties, is entered under this section, the plaintiff shall
recover his costs of suit according to the scale of fees fixed
by this Act, unless otherwise agreed between the parties.

44. Where a decree, or order, directs payment of Wheredecree
for payment by

money by instalments, execution shall not issue, until after ins-ents.
default in payment of some instalment; and execution, or
successive executions, may then issue for the whole of the
money and costs then remaining unpaid, or such portion
thereof as the Court may order, either in the original
decree, or order, or at any subsequent time.

45. A writ of execution shall be executed after sun- z s z 8 n .
rise and before sunset, and in the following manner, that is
to say: The Bailiff shall, in the first instance, if practicable,

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16 CAP. 420) Summary Jurisdiction

seize, take and levy upon the goods and chattels of the judg-
ment debtor (except his wearing apparel and bedding, and
that of his family, and the tools and implements of his trade
to the value of twenty-four dollars) and shall also seize and
tare any money or bank notes, and any cheques, bills of
exchange, promissory notes, bonds, specialities, or guaran-
tees for money, belonging to the judgment debtor, and shall
hold the same as a security for the amount .directed to be
levied by such execution, or so much thereof as shall not
have been otherwise levied or raised for the benefit of the
judgment creditor; and the judgment creditor may sue in
the name of the judgment debtor, or in the name of any
person in whose name the judgment debtor might have
sued, for the recovery of the sum or sums secured or made
payable thereby, when the time of payment thereof shall
have arrived.

Return of writ. 46. The Bailiff shall forthwith return the writ into
Court with an endorsement thereon setting forth the place,
time, and mode of execution thereof.

Mode of sale. 47. The Court shall, in every case, have power by spe-
cial order, to regulate the sale of any property taken in exe-
cution under a decree or order of the Court.

Judgment debtor
SUmmOtlS.

48. Where a judgment remains wholly or in part
unsatisfied (whether a writ of execution has issued or not),
the judgment creditor may apply to the Court for a sum-
mons, requiring the judgment debtor to appear and be
examined respecting his ability to make the payment direct-
ed, and the Court shall, unless it sees good reason to the
contrary, issue such summons. On the appearance of the
judgment debtor, he may be examined on oath by, or on
behalf of, the judgment creditor, and by the Court, respect-
ing his ability to pay the money directed to be paid, and for
the discovery of property applicable to such payment, and as
to the disposal which he may have made of any property.
Whether the judgment debtor appear or not, the judgment
creditor and all other witnesses whom the Court thinks
requisite, may be examined on oath, or otherwise, respecting
the matters aforesaid. The Court may, upon such investiga-
tion as aforesaid, make any interim order for the protection
of any property applicable, or available, in discharge of the

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 17

judgment, as it shall think expedient and may exercise all
and any of the powers conferred on the High Court by sec-
tion 4 of the Debtors Act. Cap. 131

49. Any judgment creditor may sue out a summons Garnishee
summons. calling upon any person indebted to, or having in his hands

money belonging to, any judgment debtor, hereinafter
called a garnishee, to show cause why he should not pay
over such debt or money to the Bailiff, in satisfaction of the
judgment debt, and, upon failure to show sufficient cause,
the Court may, by order, compel the garnishee to pay over
such debt or money, at such times, and in such manner, as
shall seem meet, by attachment, or by directing execution to
issue in manner herein provided. The service of such sum-
mons shall bind such debt in the hands of the garnishee.

50. All moneys payable under a judgment levied by to
execution, or otherwise, under the process of the Court, shall cow.
be paid into Court, unless the Court shall otherwise direct.

Interpleader

51. Where any property of any kind shall be seized or fi"$gF~der
taken into execution, or attached or taken into the hands of
the Bailiff, under any decree or order in any suit or pro-
ceeding under this Act, which is claimed by any person not a
party to the suit, such claim shall be determined by the
Court in a summary way, upon a summons to be taken out
by such claimant against the party prosecuting the decree or
order.

Miscellaneous

52. The signature of the Judge shall not be required ~~~~~~~~
to any writ or other document issuing from the Court, if it
purport to be signed by the Clerk, by order of the Judge,
and is stamped with the seal of the Court.

53. Any act, matter or thing by this Act authorized to E z r ~ ~ ~ & ~ g ~
be done by the Court, except the trial of a suit or action,
may be done by any Judge thereof sitting in Chambers.

LAWS OF ANTIGUA AND BARBUDA

Rules of Court.

Saving of Rules.

Forms.

Schedule.

Scale of Fees.

Schedule.

Power of the
Court as to costs.

AJlowance to
parties and
witnesses.

CAP. 420) Summary Jurisdiction

54. Rules of Court to regulate-
(a) The practice, procedure and forms to be used

under this Act; and

( b ) The costs of proceedings under this Act,
including the costs of barristers and solicitors and the
allowance to witnesses,

may be made in the same manner and subject to the same
conditions as rules of the Supreme Court.

55. Notwithstanding the provisions of section 54, the
rules of Court in force immediately before the passing of
the above-mentioned section are hereby declared to be in
force with retrospective effect as from the passing of such
section, and shall continue in force until revoked by subse-
quent rules of Court.

56. Subject to any such rules as aforesaid, the forms
contained in the Schedule with such variations and addi-
tions as circumstances require, may be used for the purpose
of carrying out the provisions of this Act, and shall, as
regards the form thereof, be valid and sufficient.

57. The scale of fees contained in the Schedule shall
be in force, and all questions whatever relating to the
amount of any fees shall be summarily determined by the
Judge:

Provided that nothing herein contained shall be
deemed to affect any special agreement between a barrister
or solicitor and his client in regard to the amount of his fees
or remuneration.

58. The costs of every proceeding shall be in the dis-
cretion of the Court, and may be apportioned in any man-
ner which to the Court shall seem just and reasonable, and
costs may be awarded though the suit be dismissed for want
of jurisdiction.

59. The Court may allow such reasonable sum or
sums of money for the attendance and loss of time, and for
travelling expenses of parties and witnesses as it shall think
fit, not exceeding the scale fixed by rules of court.

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 19

60. The costs of, and incidental to, the execution of Costsof process.
any process in a suit shall be paid, in the first place, by the
party at whose instance the same is issued, subject to the
final order of the Court thereon, and the Bailiff shall not be
bound to serve any document, or execute any process,
unless the fee, to which he shall be entitled in respect there-
of, shall have been previously paid, or tendered to him.

PART VIII

Appeals

61. Subject to the provisions of the Supreme Court Right of appeals.
Order and to any Rules made thereunder, an appeal shall
lie to the Court of Appeal from any judgment of a Judge of
the Court upon any point of law, or upon the admission or
rejection of evidence, but no appeal shall lie-

(a) against any decision upon any question of
conflicting evidence or of the sufficiency of evidence to
support the decision, or upon any question of fact; or

( 6 ) except by leave of the Judge, where the debt
or damage does not exceed the sum of five hundred
dollars.

SCHEDULE

(Antigua and Barbuda Coat ofAnns)

Ss. 18,42,56.

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

A.B., Plaintiff,
Between [ and

Suit No. C.D., Defendant.

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 420) Summary Jurisdiction

ELIZABETH THE SECOND, by the Grace of God, Queen of
Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.

To (Name and address of defendant).

We command you that you do attend our Court of Summary
Jurisdiction at , on , the day of

, at o'clock in the forenoon, being the day and
time appointed for the hearing of a suit instituted against you by
(name and address of plaintijjj, particulars of whose claim are
annexed hereto.

Take notice that, if you fail to attend the hearing of the suit,
or at any continuation or adjournment thereof, the Court may
give leave to the plaintiff to proceed therein, ex parte, to judgment
and execution.

Witness ,Judge of our said Court , this
day of , 19 .

By order,

Clerk.

Particulars of Claim.

N.B .-Insert the particulars of the claim in the usualfmm. If the
items are too numerous, as in some claims for goods sold, the ently may be
asfollows-

To goods sold, or money lent, or wages due by you
&c., as per bill of memorandum annexed ...........

Interest from to ...........
I

Endorsement on Writ.

The within writ was served on the within named defendant at
, by delivering a true copy thereof (or describe other mode

of service) on the day of ,19 .

Bailiff.

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420

(Antigua and Barbuda Coat of A m )

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

Suit No.
Between

A.B., Plaintiff, [ and
C.D., Defendant.

ELIZABETH THE SECOND, by the Grace of God, Queen of
Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.

You (and each of you) are hereby commanded that, all excuses
being laid aside, you (and each ofyou) be and appear in your own
proper person before the Court of Summary Jurisdiction at

, on the day of , at
o'clock in the forenoon, or at any continuation or

adjournment of the said Court, to testify all and singular that you
know in a certain cause or matter now pending between the
above-named plaintiff and defendant, then and there to be heard
and determined (and you are required to bring with you

).

Therefore fail not at your peril.
Witness ,Judge of the said Court , this

day of ,19 .

By order,

Clerk.

(Antigua and Barbuda Coat ofAnns)

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 420) Summary Jurisdiction

Suit No.
Between

A.B., Plaintiff, 1 and
C.D., Defendant.

ELIZAB'ETH THE SECOND, by the Grace of God, Queen of
Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.

To Bailiff, and his assistants.
Whereas it has been shown, to the satisfaction of the said

Court, that , the defendant in the above suit, with intent
to obstruct, or delay, the execution of any judgment which may
be passed against him, is about to remove out of Antigua and
Barbuda his goods and chattels, or some part thereof. You are
hereby commanded to seize, attach and to take into your hands
the goods, chattels, and effects of the said defendant (or certain goods
and chattels specified), and to hold the same until the further order
of the said Court; and you are also commanded, forthwith after
the execution of this writ, to return the same -into the said Court,
with the place, time and particulars of execution endorsed thereon.

Witness , Judge of the said Court, this
day of ,19 .

By order,

Clerk.

(Antigua and Barbuda Coat of Arms)

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

Suit No.
Between

A.B., Plaintiff, I and
C.D., Defendant.

It is decreed in the above suit that the above-named plaintiff
do recover from the above-named defendant the sum of $
together with $ for costs; and the said defendant is hereby
ordered to pay the sum of $ (forthwith, or by the following
instalments namely, as the case may be.)

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 23

Witness ,Judge of the said Court, this
day of , 19 .

Debt, $
Costs, $ By order,
- Clerk.
$

(Antigua and Barbuda Coat ofArmsj

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

Suit No.
Between

A.B., Plaintiff, 1 and
C.D., Defendant.

ELIZABETH THE SECOND, by the Grace of God, Queen of
Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.

To Bailiff, and his assistants.
Whereas , the above-named defendant, has failed

to satisfy a decree made against him in the above suit on the
day of , 19 , in favour of the .above-named

plaintiff, for $ , together with $ for costs.
You are hereby commanded to levy the sum of $
(insert total amount of decree and costs) of the goods, chattels,
and effects of the said defendant, excepting the wearing apparel,
and bedding of the said defendant, or his family, and the tools
and implements of his trade to the value of $24, but including
money, or bank notes, and any cheques, bills of exchange, promis-
sory notes, specialities, or securities for money, belonging to the
said defendant, and to return this writ into the said Court with an
endorsement thereon of the date and place of execution.

Witness ,Judge of the said Court, this
day of ,19 .

By order,

Clerk.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 420) Summary Jurisdiction

(Antigua and Barbuda Coat ofArms)

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

Suit No.
Between

A.B., Plaintiff, 1 and
C.D., Defendant.

In the matter of E.F., a claimant of property seized, under
process of the Court, in the above suit.

To A.B., the above named plaintiff.
Take notice, that you are hereby summoned to appear before

the said Court on , the day of 19 ,
at the hour of o'clock in the forenoon to show cause
why certain goods and chattels seized, under the process of the
Court, in the above suit, should not be declared and adjudged
to be the property of E.F., the above-named claimant thereof
and be delivered to him accordingly.

Witness ,Judge of the said Court, this
day of ,19 .

By order,

Clerk.

(Antigua and Barbuda Coat of Arms)

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

Suit No.
Between

A.B., Plaintiff, 1 and
C.D., Defendant.

To , the above-named defendant.
Take notice, that you are hereby summoned to appear before

the said Court on , the day of 19 ,

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 25

at the hour o'clock in the forenoon, then and there
to be examined respecting your ability to satisfy the judgment
recovered against you, in the above suit, on the day of

, last for $ and costs.

Witness ,Judge of the said Court, this
day of ,19 .

By order,

Clerk.

(Antigua and Barbuda Coat of Arms)

IN THE COURT OF SUMMARY JURISDICTION OF ANTIGUA
AND BARBUDA

Suit No.
Between

A.B., Plaintiff, 1 and
C.D., Defendant.

To E.F. Garnishee.
Whereas on the day of , last, judgment

was entered for the plaintiff, in the above suit, for $
and costs, which said-judgment remains unsatisfied: And whereas
it is alleged that you are indebted to the defendant in the sum of
$ , or some other sum of money. Take notice that you are
hereby summoned to appear before the said Court on
the day of 19 , at the hour of o'clock in the
forenoon, to show cause why you should not pay over such sum
of $ or other sum as aforesaid, or some part thereof, to
the Bailiff in satisfaction of the said judgment.

Witness , Judge of the said Court, this
day of , 19 .

By order,

Clerk

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 420) Summary Jurisdiction

FEES AND ALLOWANCES Section 57

(1) FEES OF BARRISTERS AND SOLICITORS.

"
(i) Any uncontested case where the sum or the value

of the property in dispute-

does not exceed $250.00 $15.12

exceeds $250.00 and does not exceed
$500.00 35.00

does not exceed $350.00 60.00

does not exceed $1,000.00 90.00

exceeds $1,000.00 1 10.00

(ii) In any contested case in addition to the fees men-
tioned in (i) above an additional fee of $40.00
shall be allowed.

(iii) Notwithstanding the fees specified in paragraphs
(i) and (ii) above a trial Judge may, in a case
involving difficult points of law or for any other
reason of an exceptional nature, allow an inclusive
general fee not exceeding $300.00.

The above mentioned fees shall include and
cover all costs whatsoever, except Fees of Court
and any special Fees and Allowances hereinafter
prescribed.

Where costs are awarded to a successful plaintiff,
the expression "sum in dispute" means the sum
recovered; and where costs are awarded to a suc-
cessful defendant. it shall mean the sum claimed.

( 2 ) SPECIAL FEES OF COUNSEL AND SOLICITORS.

Summons in Chambers $25.00
Interpleader Summons 35.00
Garnishee Summons 35.00
Fee on adjourned hearing if allowed
by the trial Judge 5.00

The said fees shall include and cover all costs
incident to the special proceedings referred to
including affidavits, copies of documents, exami-
nations and attendances, except Fees of Court and
necessary disbursements.

LAWS OF ANTIGUA AND BARBUDA

Summary Jurisdiction (CAP. 420 27

- - - -

(3) ARBITRATION.

The same general fee may be allowed as on the trial of a
cause in Court.

FEES OF COURT

1. For every writ of Summons and copy including
filing and hearing.

2. For every copy thereof.
3. Subpoena not exceeding three persons (and

copy thereof).
4. Every notice required.

Drawing formal decree.
COPY.
Every order not being a nonsuit orjudgment.
COPY.
Filing any document.
paying money into court.
Paying money out of court (exclusive of receipt
stamp).
Warrant of execution, arrest or attachment.
CODV.

L 1

Summons in Chambers, copy and hearing.
Every other application in Court or in Chambers.
Entering up judgment or award^
Copies of documents per folio of 90 words.
Taxation of Costs.

19. Interpleader Summons and hearing.
20. On taking affidavits for each deponent.
21. Interpleader Motion.

FEES OF BAILIFF

22. Service or Execution of any Writ, summons,
notice or other document. .50

23. At a greater distance than one mile from the
Court House for every extra mile or part of a
mile in addition to the fee;

Provided that mileage shall be calculated to a
place and not to and from a place.

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 420) Summary Jurisdiction

24. For every personal arrest. 2.50
25. For conveying person arrested from place of arrest

for every mile or part s f a mile. .25
26. For discharging person arrested at desire of

Plaintiff. 1 .OO
27. For releasing property seized or attached at

desire of plaintiff. .50
28. For each man in possession, including his board

per diem.
For the sale, including advertisements, catalogues
and commissions and delivery of goods on the
net proceeds of sale. 5 cents

in the dollar