Chapter 003:05 - Summary Jurisdiction (Magistrates)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/427-chapter-305-summary-jurisdiction-magistrates/file

L.R.O. 1/2012
LAWS OF GUYANA
SUMMARY JURISDICTION (MAGISTRATES) ACT
CHAPTER 3:05
Act
10 of 1893
Amended by
6 of 1903 11 of 1953 17 of 1905 45 of 1955 18 of 1905 41 of 1957 29 of 1909 4 of 1971
5 of 1915 4 of 1972 9 of 1915 14 of 1988
16 of 1917 15 of 1988
30 of 1928 25 of 1997
14 of 1924 19 of 1990
46 of 1929 O. 37/1966A 3 of 1937 O. 166/1974
15 of 1937 O. 24/1986
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – ... 1/2012 382
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Index
of
Subsidiary Legislation
Page
Magisterial Districts (Boundaries) Order 47
(O.9/1951, 16/1950)
Maintenance Regulations 52
(Reg. 5/1950)
Summary Jurisdiction (Magistrates) Money Regulations 69
(Reg. 4/3/1931, 1/6/1931, 22/119137, 18/1960, 17/1963)

Summary Jurisdiction (Civil Procedure) Rules 81
(R. 20/7/1939, 7/ 1963)

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SUMMARY JURISDICTION (MAGISTRATES) ACT
ARRANGEMENT OF SECTIONS
SECTION
PRELIMINARY 1. Short title.
2. Interpretation.
PART I
CONSTITUTION OF THE COURTS
3. Division of Guyana into magisterial districts.
4. Special provision as to port of entry.
5. District magistrate’s court.
6. Presiding officer of the court.
PART II
OFFICERS OF THE COURTS
Magistrates
7. Number of magistrates.
8. Appointment of magistrates with or without limitation.
9. Assignment of magistrates and sittings of courts, etc.
10. Jurisdiction and powers of a magistrate.
11. Residence of magistrate.
12. Magistrate not to adjudicate where personally interested.
13. Magistrate a justice of the peace.
Justices of the Peace
14. Appointment and removal of justices.
15. Ex officio justices of the peace.
16. Publication of annual list of justices.
17. Justice to be coroner.
18. Powers.
CHAPTER 3:05
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19. Apprehension by justice.
20. Extent of jurisdiction.
Clerk of Court and other officers
21. Appointment of clerk of court and such other officers as may be
required.
22. Control of clerks and other officers of the Court.
23. Duties.
24. Accounts of clerk.
Bailiffs of the Courts
25. Appointment of bailiff.
26. Bailiff to be rural constable.
27. Duties.
28. Accounting by bailiff.
29. When damages against bailiff may be ordered.
30. Assault on bailiff in execution of his duty.
PART III
JURISDICTION OF THE COURTS
31. Civil jurisdiction.
32. Criminal jurisdiction.
33. Extension of jurisdiction under Act relating to employers and
servants.
Protection and Maintenance of Married Persons
34. Jurisdiction of Magistrate’s court in matrimonial proceedings.
35. Power to make interim orders for maintenance.
36. Powers of court
(a) separation order;
(b) custody and maintenance of children;
(c) maintenance of complainant;
(d) costs.
37. Variation of order made under section 36.
38. Limitation of powers.
SECTION
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39. Variation or discharge of order.
40. Effect of order while parties reside with each other.
41. Effect of order upon resumption of cohabitation.
42. Procedure.
Enforcement of orders
43. Where order contains provision as to custody of children.
44. Persons under obligation to make payments to give notice of change
of address.
45. Order may be refused in certain cases.
46. Collecting officer.
47. Provisions in maintenance orders.
48. Issue of warrant for arrears.
49. Collecting officer to be notified.
50. Attachment of pension or income.
51. Proceedings for enforcing payment may be brought at any time.
52. Regulations.
Forms
53. Appeal.
54. When poor relief given to married woman or married man.
55. Definitions.
56. Proceedings by or against officer of the court.
57. Administration of oaths.
PART IV
SITTINGS OF THE COURTS
58. Sittings of the court generally.
59. Nature of business at any sitting.
60. Adjournment of the court.
61. Adjournment over holiday.
62. Change of place of hearing.
63. Preservation of order at sitting of the court.
64. Punishment of person guilty of misconduct before the court.
SECTION
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PRACTICE AND PROCEDURE OF THE COURTS
65. (a) In civil jurisdiction.
(b) In criminal jurisdiction.
66. Procedure in interpleader.
67. Completion by magistrate of process begun by his predecessor.
68. (1) Process of magistrate valid throughout Guyana. (2) Issue of
process.
69. Duty of constables to obey magistrates.
PART VI
MISCELLANEOUS PROVISIONS
Fees and Costs
70. Tables of fees and costs.
71. Payment of fees and costs.
72. Fees on affidavits of service.
73. (1) Pre-payment of fees and costs.
(2) Exemption.
74. Magistrate and clerk to be under audit regulations.
75. Regulations.
76. All moneys received in magistrates’ courts subject to foregoing
provisions.
Protection of Magistrate
77. Protection of magistrate.
Rules of Practice
78. Rules of practice and procedure.
SCHEDULE—Tables of fees and cost
__________________________
SECTION PART V
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Short title.
Interpretation.
[14 of 1988]
1. This Act may be cited as the Summary Jurisdiction
(Magistrates) Act.
2. (1) In this Act—
“the court” means a magistrate’s court established under this
Act;
“criminal” includes quasi-criminal, and, with reference to
matters of jurisdiction, comprehends all those matters
not falling within the term “civil”;
“district” means a magisterial district constituted under this
Act;
“summary conviction offence” means any offence punishable
on summary conviction before the court, and includes
any matter in respect of which the court can make an
order in the exercise of its summary criminal
jurisdiction.
(2) Every reference to a magistrate in this Act
(other than in sections 6 and 7) or in any other written law
shall, unless the context otherwise requires, also include a
reference to the chief magistrate or a principal magistrate or
senior magistrate.
1929 Ed.
CHAPTER 3:05
SUMMARY JURISDICTION (MAGISTRATES) ACT
ST[1 MARCH,1894]
thereof; and for other like purposes.
Jurisdiction, Sittings, and Practice and Procedure
Regulation of their Duties; for the Regulation of the
thereof, and of Justices of the Peace, and the
Appointment of the Magistrates and other officers
An Act for the Constitution of Magistrates’ Courts; for the 10 of 1983
______________________________________________________
c. 12
1953 Ed.
c. 9

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Division of
Guyana into
magisterial
districts.
Special
provisions as to
port of entry.

District
magistrate’s
court.
Presiding
officer of the
court.
[14 of 1988]
PART I
CONSTITUTION OF THE COURTS
3. The Chancellor may by order—
(a) divide Guyana, or any portion
thereof, into magisterial districts for
the purposes of this Act;
(b) constitute in any part of Guyana a
magisterial district or districts for the
purposes of this Act;
(c) distinguish the districts by the names
or numbers he thinks proper; and
(d) vary the limits of any district.
4. For all purposes of jurisdiction, whether civil or
criminal, the waters of any port of entry, as for the time being
defined by Act or otherwise, shall be deemed to be within the
district in which the port of entry is situate.
5. In each district there shall be and there is hereby
established a court, to be called the magistrate’s court, with
the civil and criminal jurisdiction and other powers
hereinafter mentioned.
6. The presiding officer of the court shall be a person
appointed under this Act as the chief magistrate or as a
principal magistrate, senior magistrate, or magistrate and
assigned to that court by the Chancellor.

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Number of
magistrates.
[14 of 1988]


Appointment
of magistrates
with or without
7. (1) There shall be a chief magistrate and such
number of principal magistrates, senior magistrates and
magistrates as may be required for the discharge of the
business of the courts established by this Act.
(2) The chief magistrate, a principal magistrate
and a senior magistrate shall have and exercise and perform
all the functions conferred on a magistrate under this Act or
any other written law.
(3) Subject to the other provisions of this Act, and
the powers of the Chancellor in this regard, the chief
magistrate may allocate the work amongst the courts and
transfer any cause or matter pending before any court to any
other court, having jurisdiction to entertain such cause or
matter, so as to ensure expeditious disposal of such work,
cause or matter, and to relieve congestion of work in the
courts.
8. (1) A person may be appointed—
(a) to be a magistrate in a particular
district or districts or in a particular
part or parts of a district or districts or
to adjudicate upon particular cases or
classes of cases; or
(b) to be a magistrate for the whole of
Guyana with or without limitation
with respect to the cases or classes of
cases upon which he may adjudicate.
(2) There may be one or more magistrates
appointed to any court.
PART II
Magistrates
OFFICERS OF THE COURTS
limitation.
[4 of 1972]
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magistrates and
sittings of
courts, etc.

Jurisdiction
and powers of
a magistrate.
Residence of
magistrate.
Magistrate not
to adjudicate
where
personally
interested.

Magistrate a
justice of the
peace.
Appointment
and removal of
justices.
over a particular court or courts or to a court at a particular
place or at particular places in the area to which he is
appointed and may determine the days and the hours of the
sittings of courts and the matters or classes of matters with
which particular courts shall deal and generally shall have
charge of the administration of the system of courts
established by this Act.
10. Subject to any limitation of his jurisdiction under
section 8, a magistrate may exercise and administer all the
jurisdiction and powers of a magistrate’s court in any court
within the area of Guyana to which he is appointed.
11. A magistrate assigned exclusively to the court of a
district or to the court at a particular place or particular places
within a district shall reside in the district unless exempted by
the Chancellor from so doing.
12. The Chancellor may direct that a particular
magistrate shall not adjudicate on a particular cause or matter
coming before him because of the magistrate’s personal
interest in that cause or matter or for any other sufficient
reason and shall in any such case assign another magistrate to
adjudicate on that cause or matter.
13. Every magistrate shall ex officio be a justice of the
peace for Guyana.
14. (1) The President may, by an instrument under his
hand and the public seal, appoint any fit and proper person to
be a justice of the peace for Guyana or any portion thereof.
Such appointment may be limited as to time.
(2) The President may in like manner, for cause
appearing to him sufficient, remove any justice of the peace
from office.
9. The Chancellor may assign a magistrate to preside Assignment of
Justices of the Peace
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Ex officio
justices of the
peace.

Publication of
annual list of
justices.


Justice to be
coroner.
Powers.
(3) Every appointment and removal shall be
notified in the Gazette.
15. The Registrar of the Supreme Court and every
district commissioner, assistant district commissioner and
clerk of court for the time being shall ex officio be a justice of
the peace for Guyana.
16. In the month of January in every year there shall
be published in the Gazette a list of all justices of the peace for
the time being holding office, and in the list there shall be
stated the profession, occupation, or calling, and the place of
residence, of each justice.
17. Every justice shall be ex officio a coroner in and for
Guyana or in and for that portion of Guyana for which he is a
justice of the peace.
18. (1) Subject to the provisions of this and of any
other Act, every justice of the peace shall have power to
preserve the peace, to suppress riots and affrays, and to
disperse all disorderly and tumultuous assemblages, and for
any of these purposes to call in the aid and assistance of all
citizens of Guyana, who shall be severally bound to obey all
lawful commands.
(2) Subject as aforesaid, every justice shall have
the same power as a magistrate to issue warrants for the
apprehension and commitment for safe custody of persons
charged with indictable offences; to remand persons charged
with offences, whether punishable on summary conviction or
on indictment; to issue search warrants in respect of
indictable offences, or in respect of any other offence in which
a magistrate has power to issue a search warrant, and to
administer oaths in cases allowed by law.
(3) The President may in an instrument
appointing a justice of the peace empower him to issue
warrants for the apprehension and commitment for safe
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Apprehension
by justice.
Extent of
jurisdiction.

Appointment
of clerk of court
and such other
officers as may
be required.

Control of
clerks and
other officers of
the Court.
Duties.
custody of persons charged with offences punishable on
summary conviction.
19. Any justice in whose presence any indictable
offence or breach of the peace is committed may either
himself apprehend the offender or verbally command any
other person to do so; and that person may thereupon follow
the offender and, if he flees, carry into effect and execute the
command, whether in or out of the view of the justice by
whom it was given.
20. The jurisdiction of every justice shall extend
throughout Guyana or throughout that portion of Guyana for
which he is a justice of the peace.
Clerk of Court and other Officers
21. (1) There shall be a clerk of court for each district
who shall be the principal administrative officer for the court
of that district and whose office shall be situated in such place
as the Chancellor shall specify.
(2) There shall be such other officers of the court as
shall be required for the efficient administration of the system
of courts established by this Act.
(3) The Chancellor may delegate any of the officers
appointed under subsection (2) to perform any of the duties
of the clerk of court.
22. The clerk of court and the other officers of the
court shall be under the immediate direction of the
magistrate.
23. The duties of the clerk of court shall be—
(a) to attend at every sitting of the court;
(b) to prepare summonses, warrants,
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Accounts of
clerks.

Appointment
of bailiff.

Bailiff to be
rural constable.
Duties.
orders, convictions, recognizances,
writs of execution, and other
documents and submit them for the
signature of the magistrate;
(c) to make copies of proceedings when
required to do so by the magistrate,
and to record the judgments,
convictions and orders of the court;
(d) to receive all fees, fines and penalties,
and all other moneys paid in respect
of proceedings in the court and to
keep accounts thereof; and
(e) to perform any other duties connected
with the court assigned to him by the
magistrate.
24. (1) The accounts of the clerk of court shall at all
times be fully written up, and shall be submitted to the
Registrar of the Supreme Court at least once in every month
to be examined by him.
(2) Any person interested shall, on obtaining an
order for that purpose from the magistrate, have access at all
reasonable times to the books in which the accounts are kept.
(3) Further provisions with respect to the
accounting of the clerk of court are contained in Part VI.
25. One or more bailiffs may be appointed to each
magistrate’s court.
26. A bailiff shall be by virtue of his office a rural
constable and shall take the oath as that constable.
27. (1) The bailiff shall serve all summonses and
orders and execute all writs and other process assigned to
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Accounting by
bailiff.
When damages
against bailiff
may be
ordered.

c. 7:01
him by the magistrate and obey the orders and directions of
the magistrate:
Provided that the magistrate, with the sanction of the
Minister responsible for police, may direct the service of
summonses in civil causes or matters to be effected, either in
whole or in part, by police or rural constables, but the
direction may be at any time rescinded in the same manner in
which it was made.
(2) Where there are more bailiffs than one, the
duties of the office shall be apportioned between them in the
manner directed by the magistrate.
28. Every bailiff who receives moneys by virtue of his
office shall once in every week, and oftener if required by the
magistrate to do so, give to the magistrate or to the clerk of
court a full, true, and particular account of all moneys
received by him since the last accounting, and of all moneys
previously received and accounted for, if any, and of the
disposal thereof; and each account shall be filed and kept by
the clerk among the records of the court.
29. If any bailiff employed to levy any execution
against movable property under the process of the court, by
neglect, connivance, or omission, loses the opportunity of
levying the execution, then, upon complaint of the party
aggrieved by reason of the neglect, connivance, or omission
(and the fact alleged being proved, to the satisfaction of the
court, on the oath of any credible witness), the magistrate
may order the bailiff to pay the damages appearing to have
been sustained by the complainant, not exceeding in any case
the sum of money for which the execution issued, and the
bailiff shall be liable therefor; and, upon demand made and
his refusal so to pay and satisfy the damages, payment thereof
may be enforced by the ways and means provided by the
Summary Jurisdiction (Petty Debt) Act for enforcing a
judgment recovered under that Act.

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Assault on
bailiff in
execution of his
duty.
[6 of 1997]

Civil
Jurisdiction.
[4 of 1972]
c. 7:01

Criminal
jurisdiction.
[14 of 1988
15 of 1988]
30. Everyone who—
(a) assaults, obstructs, or resists, a bailiff
in the execution of his duty; or
(b) makes, or attempts to make, any
rescue of any movable property, taken
in execution under the process of the
court;
shall be liable to a fine of nineteen thousand five hundred
dollars or to imprisonment for two months.
PART III
JURISDICTION OF THE COURTS
31. The court in each district shall, in civil causes and
matters within that district, have the jurisdiction and powers
prescribed in, and shall exercise such jurisdiction and powers
in the manner provided by, the Summary Jurisdiction (Petty
Debt) Act.
32. (1) Subject to the provisions of this and of any
other written law, the court of each district shall, within its
district, have full jurisdiction and power—
(a) to hear and determine all complaints
or informations for summary
conviction offences, including
complaints or informations for the
recovery of fines, penalties, or
forfeitures not specially assigned by
written law to the High Court;
(b) to receive and inquire into all charges
of indictable offences, and to make
any orders in respect thereof required
by the provisions of any written law
for the time being in force in relation
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Extension of
jurisdiction
under Act
relating to
employers and
servants.
[19 of 1990]
to procedure in respect of indictable
offences; and
(c) generally, to do all acts and things, by
any written law, law, or usage now or
hereafter in force, appertaining to the
office of a magistrate, or of a justice of
the peace.
(2) All offences and matters cognizable under any
written law before any magistrate or justice of the peace
committed or arising in or within the limits of any bay, creek,
or inlet of the sea or that river or creek; and all offences and
matters aforesaid committed or arising on board of any ship,
vessel, or boat, beyond the limits aforesaid may be heard and
determined by the court of the district off whose shore the
ship, vessel, or boat, is at the time of the commission of the
offence or of the matter arising as aforesaid, or on or near to
the shore of whose district the ship, vessel or boat, after the
commission of the offence or the arising of the matter
aforesaid, anchors or touches.
(2A) The court may, notwithstanding the
provisions of subsections (1) and (2) receive a plea of guilty
from any person produced before it in custody in respect of
an offence, cognizable under any written law by a magistrate,
even though the offence was committed beyond the limits of
the jurisdiction of that court, and deal with that person in
respect of that offence according to law as if the offence were
committed within those limits.
(3) [Repealed by Act No. 15 of 1988]
33. Where, under the provisions of any Act relating to
employers and servants, a contract is made in one part of
Guyana to perform any work or service in another part of
Guyana, and a breach of the contract is committed beyond the
limits of the district in which the contract was made, the court
of that district shall have full jurisdiction and power to hear
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Jurisdiction of
Magistrate’s
Court in
matrimonial
proceedings.
[19 of 1990]
c.8:02
and determine any complaint made or information laid for
the breach.
Protection and Maintenance of Married Persons
34. (1) A married person may apply by way of
complaint to the court of the magisterial district in which a
conviction has taken place or the cause of the complaint has
wholly or partially arisen for an order or orders under section
36 against the other party to the marriage, that is to say that
the defendant –
(a) has been convicted summarily of an
aggravated assault upon the
complainant within the meaning of
section 22 of the Summary
Jurisdiction (Offences) Act;
(b) while knowingly suffering from a
venereal disease has insisted on, or
has without the complainant being
aware of the presence of the venereal
disease permitted, sexual intercourse
between the complainant and the
defendant;
(c) being a husband, has compelled the
complainant to submit herself to
prostitution, or has, in the opinion of
the court, been guilty of such conduct
as was likely to result and has
resulted in the complainant
submitting herself to prostitution;
(d) is for the time being an habitual
drunkard or a drug addict;
(e) has deserted the complainant;

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Power to make
interim orders
(f) has been guilty of persistent cruelty to
the complainant or to any child of the
complainant or has wilfully neglected
to provide or to make proper
contribution towards the reasonable
maintenance of the complainant or
any infant child of the family who is,
or would but for that neglect have
been, a dependant of the defendant
and whom the defendant is legally
bound to maintain; or
(g) has been convicted upon indictment
of an assault upon the complainant
and sentenced to pay a fine of more
than two hundred and twenty-five
dollars or to a term of imprisonment
exceeding two months:
Provided that where the complainant is entitled to apply
for an order or orders under this section on the ground of the
conviction of the defendant upon indictment, the complainant
may apply to the court before which the defendant has been
convicted and that court, shall for the purposes of this section,
become a court of summary jurisdiction and have the power
to hear an application and make the order or orders sought.
(2) In considering whether any, and if so what,
provision should be included in an order by virtue of
paragraph (f) of subsection (1) for payment by one of the
parties in respect of a child who is not a child of that party,
the court shall have regard to the extent, if any, to which that
party had on or after the acceptance of the child as one of the
family assumed responsibility for the child’s maintenance and
to the liability of any person other than a party to the
marriage to maintain the child.
35. (a) The court may, at any time after an application
under section 34 for an order of maintenance has been served
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for
maintenance.
[19 of 1990]

Powers of
court.
[19 of 1990
25 of 1997]
Separation
order.
on the defendant, order that the defendant do pay to the
complainant or to the collecting officer or other person acting
on the complainant’s behalf a weekly sum not exceeding such
an amount as might be ordered to be paid under a final order
made under section 36, for the maintenance of the
complainant and any child or children in the complainant’s
custody until the final determination of the case by the
magistrate or, in the event of an appeal to the Full Court from
the decision of the magistrate, by the Full Court:
Provided that where the complainant is the husband the
court shall make an order in his favour for his maintenance
only where, by reason of impairment of his earning capacity
through age, illness or disability of mind or body, it appears
to the court reasonable in all the circumstances of the case so
to do:
Provided that, pending the making of a final order by the
magistrate under section 36, the order directing such payment
shall not remain in operation for more than three months
from the date on which it was made, but before or after the
expiration of such period of three months another order may
be made under this section.
(b) Any order made under this section shall be
enforced in like manner as if it were a final order of the court
made under section 36, and where payments under such an
order are to be made to the collecting officer, the provisions of
sections 47, 48, 49 and 50 shall apply to such payments and
the enforcement thereof in the same manner and to the same
extent as if the order under this section was a maintenance
order.
36. (1) The court to which the application under
section 34 is made may make an order or orders containing all
or any of the following provisions—
(a) that the complainant be no longer
bound to cohabit with the defendant
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Custody and
maintenance of
children.

Maintenance of
complainant.
(a provision which while in force shall
have the effect in all respects of a
decree of judicial separation);
(b) that the legal custody of any children
of the marriage while they are under
the age of sixteen years be committed
to the complainant and that the
defendant shall pay to the
complainant or to the collecting
officer or other person acting on the
complainant’s behalf, such weekly
sum of not less than five hundred
dollars nor more than twenty-five
thousand dollars as the court
considers just and reasonable having
regard to the means of both husband
and wife for the maintenance of each
such child until the child attains the
age of sixteen years, or, where the
child is attending any university,
college, school or other educational
establishment until the child attains
the age of eighteen years;
(c) that the defendant shall pay to the
complainant personally, or for the use
of the complainant to the collecting
officer or to any other person acting
on the complainant’s behalf such
weekly sum of not less than five
hundred dollars nor more than thirty
thousand dollars as the court
considers just and reasonable having
regard to the means of both the
husband and wife:
Provided that where the
complainant is the husband the court
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Costs.
Variation of
order made
under section
36.
[19 of 1990]
Limitation of
powers.
[19 of 1990]

Variation or
discharge of
order.
[19 of 1990]
shall make an order in his favour for
his maintenance only where, by
reason of the impairment of his
earning capacity through age, illness
or disability of mind or body, it
appears to the court reasonable in all
the circumstances of the case so to do;
(d) for payment by the complainant or
the defendant or both of them of the
costs of the court and any reasonable
costs of either party as the court
thinks right and proper.
(2) Where provision is made by an order under
subsection (1) (b) for the custody of any children of the
marriage, the order may make such provision as the court
thinks fit for access of the husband or wife, as the case may
be, to those children.
37. Any order made under section 36 either before or
after the commencement of this section may be varied, on the
application of the husband or wife, so as to include from the
date of the variation of the order a provision under section
36(b) for the maintenance of the children of the marriage.
38. The court hearing a complaint under section 34
shall not make an order under section 36 if it is proved that
the complainant has committed an act of adultery, unless the
court is satisfied that the defendant has condoned or connived
at, or by wilful neglect or misconduct conduced to, that act of
adultery.
39. (1) A magistrate, acting within the magisterial
district in which any order under section 36 has been made,
may on the application of the husband or wife, and on cause
being shown upon fresh evidence to the satisfaction of the
court, at any time alter, vary or discharge the order and upon
the like application from time to time increase or diminish the
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Effect of order
while parties
amount of any weekly payment ordered to be made,
provided that the amount does not exceed such an amount as
might be ordered under section 36.
(2) If any married person upon whose application
an order has been made under section 36 commits an act of
adultery the order shall upon proof thereof be discharged:
Provided that the magistrate shall not discharge the
order by reason of such an act of adultery—
(a) except at the request of the person
who was the defendant to the
proceedings in which the order was
made; or
(b) if the magistrate is of the opinion that
the person aforesaid has condoned or
connived at, or by wilful neglect or
misconduct conduced to that act of
adultery.
(3) In the event of the order being discharged the
magistrate shall, if he considers it proper to do so, make a
new order concerning the custody and maintenance of the
children of the marriage until each child attains the age of
sixteen years:
Provided that where the child is attending any
university, college, school or other educational establishment
the order for maintenance shall be made to continue until the
child attains the age of eighteen years.
(4) In making an order under subsection (3) the
court shall have regard to section 36(1)(b) and to the welfare
of the children.
40. No final order made under section 36 shall be
enforceable and no liability shall accrue under any such order
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reside with
each other.
[19 of 1990]
Effect of order
upon
resumption of
cohabitation.
[19 of 1990]
Procedure.
[19 of 1990]
c. 10:02
Where order
contains
provision as to
custody of
children.
[19 of 1990]
c. 10:02

Persons under
obligation to
while the parties to the marriage reside with each other.
41. Where a party to a marriage with respect to whom
a final order has been made under section 36 resumes
cohabitation with the other party to the marriage after living
apart from the other, the order shall cease to have effect six
months after the resumption of such cohabitation.
Enforcement of Orders
42. All applications under section 34 shall be made in
accordance with the Summary Jurisdiction (Procedure) Act,
and, in case of a conviction of a husband for aggravated
assault upon his wife, her application may, by leave of the
court, be made by summons to be issued and made returnable
immediately upon that conviction; and any order made under
section 36 may from time to time be enforced, if the payments
required by it to be made or any of them is or are in arrears,
by distress, in the manner prescribed in Part IV of that Act:
Provided that where by an order under section 36 it is
provided that payment be made to a collecting officer under
this Act nothing in this section shall preclude the collecting
officer from enforcing such order in the manner provided in
this Act.
43. Where an order under section 36 contains a
provision committing to the applicant the legal custody of
any children of the marriage, a copy of the order may be
served upon any person in whose actual custody the children
may for the time being be, and thereupon the provision may,
without prejudice to any other remedy open to the applicant,
be enforced under section 60 of the Summary Jurisdiction
(Procedure) Act, as if it were an order of the court requiring
that person to give up the children to the applicant.
44. Any person for the time being under an obligation
to make payments (including costs) under an order made
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make payments
to give notice
of change of
address.
[19 of 1990

Order may be
refused in
certain cases.
[19 of 1990]

Collecting
officer.
[19 of 1990]
Provision in
maintenance
order.
under section 36 shall give notice, to such persons (if any) as
may be specified in the order, of any change of place of
residence, within seven days thereafter, and any person
failing to give such notice without reasonable excuse shall be
liable on summary conviction to a fine of six hundred and
fifty dollars.
45. If in the opinion of a 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 36, 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
refused, or any part thereof, direct the magistrate to rehear
and determine that matter.
46. The Chancellor may appoint the Clerk of Court or
any other officer of the court appointed under section 24(2) to
be the collecting officer in a magisterial district for the
purposes of this Act.
47. (a) A magistrate may, where he is satisfied that it
is desirable so to do, provide in a maintenance order—
(i) at the time such order is made;
(ii) on an ex parte application by
either party to the marriage to
vary such order at any time
after the making of such order,
that all payments made under the maintenance order be made
to the collecting officer of the district in which such order is
made, and thereupon all payments thereunder shall be made
to the collecting officer and not otherwise.
(b) Payment of the amount so ordered
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shall be made to the collecting officer
in person, or by letter sent by
registered post addressed to the
collecting officer and posted in time to
be delivered to him, on the day
appointed for payment:
Provided that no collecting officer shall refuse to receive
payment of money tendered to him in person, or received
through the post, before or after the day appointed for
payment.
(c) The collecting officer shall receive all
payments made to him under this Act
and shall make payment to the
husband or wife or to such other
person as is named in the
maintenance order of the sum
directed to be paid thereunder, or
such part thereof as he receives,
without any deduction therefrom.
(d) Where it is provided by a
maintenance order that payment be
made to the collecting officer, the
husband or wife or such other person
as is named in the maintenance order
shall thereupon state to the collecting
officer her or his full postal address.
(e) Payment shall be made by the
collecting officer—
(i) where the husband or wife or
other person named in the
maintenance order resides in
the town or village in which the
office of the collecting officer is
situate, directly to the husband
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Issue of
or wife or other person at the
office of the collecting officer;
(ii)(A) in all other cases, by
sending fortnightly to the
postmaster of the post
office designated by the
husband or wife or other
person as aforesaid an
original order for
payment specifying the
amount to be paid and
the person to whom
payment is to be made.
(B) The person entitled to
payment shall attend at
the post office, present
the duplicate order and
sign the receipt on the
original and duplicate
orders in the presence of
the postmaster who shall
thereupon pay the
amount of the order to the
person named herein.
(C) It shall be the duty of
the postmaster to
forward receipted
accounts to the
Postmaster General for
transmission to the
Accountant General who
shall in due course
recover from the
collecting officer the
amounts so paid.
48. (a) Where any payment due to a collecting
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warrant for
arrears.
[19 of 1990]

Collecting
officer to be
notified.
officer under a maintenance order is at any time fourteen
clear days in arrear, the magistrate may, on ex parte
application by the collecting officer, issue a warrant directing
the sum due under such order or since any commitment for
disobedience to such order as hereinafter provided, together
with the costs attending such warrant, to be recovered by
distress and sale of the goods and chattels of the defaulting
party.
(b) If upon the return of such warrant it
shall appear that no sufficient
distress can be had, the magistrate
may issue a warrant to bring the
defaulting party before him, unless
such sum and costs be sooner paid,
and if the defaulting party neglects
or refuses without reasonable cause to
make payment of the sum so due
together with such costs, the
magistrate may commit the defaulting
party to prison for any period not
exceeding three months unless such
sum and costs, together with the costs
of commitment, be sooner paid.
(c) Where a magistrate commits a
defaulting party to prison under
paragraph (b), no arrears shall, unless
the magistrate otherwise directs,
accrue under the order during the time
that the defaulting party is in prison.
49. (a) Where by the maintenance order it is provided
that payment thereunder be made to the collecting officer,
and the husband or the wife to whom the order relates or
such other person as is named in the maintenance order
changes his or her place of residence, he or she shall, within
seven days thereafter, give notice of such change to the
collecting officer.
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Attachment of
pension or
income.
[19 of 1990]

Proceedings for
enforcing
payment
maybe brought
at any time.
c. 10:02
[19 of 1990]
(b) Any person who without reasonable
excuse fails to give such notice of
change of place of residence shall be
liable on summary conviction to a fine
of six hundred and fifty dollars.
50. (a) Where there is any pension or income payable
to the husband or wife and capable of being attached, the
magistrate of the district in which a maintenance order has
been made, before or after the commencement of this section,
against the husband or wife may at any time—
(i) where the husband or wife has
without reasonable cause made
a default under the order; and
(ii) after giving the husband or
wife an opportunity of being
heard;
order that such an amount each week as is specified in the
maintenance order or any part of such amount be attached
and paid to the collecting officer.
(b) Such order shall be sufficient
authority to the person by whom such
pension or income is payable, to make
the payment so ordered, and the
receipt of the collecting officer shall be
a good discharge to such person to the
extent of the amount so paid.
51. Proceedings for enforcing the payment of sums
due under an order made under section 36 may be brought at
any time, and section 6 of the Summary Jurisdiction
(Procedure) Act shall not apply to such proceedings.
52. The Chancellor with the approval of the Minister Regulations. Forms.
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Appeal.
[19 of 1990]
c. 3:04
When poor
relief given to
married
woman or
married man.
[10 of 1990]
c. 36:02
c.45:03

Definitions.
[19 of 1990]

forms for carrying into effect the provisions of sections 47, 48
and 50.
53. Save as is hereinbefore provided, an appeal shall
lie from any order, or the refusal of any order, by a magistrate
under section 36 to the High Court, and the appeal shall be
regulated in all respects by the Summary Jurisdiction
(Appeals) Act.
54. Where a married woman or married man has
received poor relief under the provisions of the Poor Relief
Act, the poor law commissioners shall be entitled to recover
from her husband or his wife the amount of that relief, and
the amount may be recovered under the Maintenance Act, a
married woman or married man being for that purpose
deemed a person entitled to be maintained by her husband or
his wife within the meaning of that Act.
55. In section 34 the expression “habitual drunkard”
means a person who, not being amenable to any jurisdiction
in lunacy, is notwithstanding, by reason of—
(a) the habitual intemperate drinking of
intoxicating liquor; or
(b) the habitual taking or using, except
upon medical advice, of opium or
other narcotic drugs within the
meaning of the Narcotic Drugs and
Psychotropic Substances (Control)
Act—
at times dangerous to himself or to others, or incapable of
managing himself, and his affairs; and the expression
“maintenance order” means an order made under section 36,
37, or 39(3) for the maintenance of the wife, husband or of the
children of the marriage, as the case may be.
responsible for finance may make regulations and prescribe
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Proceedings by
or against an
officer of the
court.

Administration
of oaths.

Sittings of the
court generally.
Nature of
business at any
sitting.
Adjournment
of the court.
56. Subject to section 12, any civil or criminal
proceeding by or against any officer of a magistrate’s court for
any offence or matter cognizable by that court may be
brought in the court of any adjoining district, and the last
mentioned court shall have full jurisdiction and power in the
matter of the proceeding.
57. Every magistrate and justice of the peace is hereby
authorised to administer all oaths required to be taken before
him in the exercise of any of the jurisdictions and powers
conferred upon him by this or any other written law and
those oaths may also be administered by the clerk of the court
under the direction and in the presence of the magistrate.
PART IV
SITTINGS OF THE COURTS
58. (1) The Chancellor may by notice appoint the
times and places for the sittings of the courts and may in like
manner alter any of those times or places.
(2) Every notice shall be published in the Gazette,
and shall take effect on the publication thereof or at any other
time mentioned therein.
(3) A copy of any notice aforesaid shall be posted
up in a conspicuous place in every court room of the district
to which it relates.
59. At any sitting of the court both civil and criminal
causes and matters may be heard, determined, and dealt with,
or either one or the other.
60. (1) The magistrate may adjourn the court from
day to day or to any convenient day.
(2) If the magistrate is not present at the time and
place appointed for any sitting of the court, the clerk of court,
or such other officer of the court as may be directed by the
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Adjournment
over holiday.

Change of
place of
hearing.

Preservation of
order at sitting
of the court.

Punishment of
person guilty of
misconduct
before the
court.
[6 of 1997]
magistrate, may, by public oral notice, adjourn the sitting
until the time communicated to him by the magistrate, and, in
the absence of that communication, to a convenient time; and
all persons bound to be present at the sitting so adjourned
shall be equally bound to be present at the time appointed by
the notice.
(3) In the absence of the notice and of any
notification to the contrary, those persons shall be bound to
be present at the next succeeding time appointed by order in
council as aforesaid or otherwise for the sitting of the court in
the same place.
61. When any day appointed for the sitting or
adjourned sitting of the court falls on a public holiday, the
magistrate shall in that case, if practicable, attend and transact
the business appointed to be heard thereat on the day (not
being a public holiday) next after that day.
62. Subject to section 58, the court shall be held only at
a place appointed by notice for the sitting of the court; but, on
the application of either party, or otherwise, the hearing of a
case to be taken at one of those places may, in the discretion
of the magistrate, be taken at another in the district.
63. The Commissioner of Police shall detail one or
more police constable(s) to attend at every sitting of the court,
for the purpose of preserving order and carrying out the
directions of the magistrate.
64. (1) Everyone who wilfully insults a magistrate, or
is guilty of any other grave misconduct during the hearing of
any cause or matter, whether civil or criminal, may, on a
verbal order of the magistrate, be removed, by force if
necessary, from the court, and may further be detained, under
a warrant for that purpose, in the nearest lock-up or place of
detention for any time, not later than the rising of the court on
the same day, the magistrate thinks right.

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In civil
jurisdiction.
c. 7:01

In criminal
jurisdiction.
c. 10:02
Procedure in
interpleader.
(2) The person may further, either alone or in
addition to the removal, or removal and detention, as the case
may be, be summarily ordered by the magistrate to pay,
either forthwith or within a specified time, a fine of four
thousand eight hundred and seventy five dollars, and, in
default of payment, to be imprisoned for any term not
exceeding seven days, or to be imprisoned for any term not
exceeding seven days, unless sooner discharged by the
magistrate.
(3) Any judge of the High Court may, on an
application made in a summary manner, order the total or
partial remission, or the repayment, of any fine so inflicted, or
the release of the person at once, or at any time before the
expiration of his sentence, if the judge is satisfied that the
applicant was not guilty of the alleged misconduct or that the
punishment awarded for it was excessive.
PART V
PRACTICE AND PROCEDURE OF THE COURTS
65. (a) The practice and procedure of the court in its
civil jurisdiction shall be regulated by the Summary
Jurisdiction (Petty Debt) Act and by any other written law
relating thereto.
(b) The practice and procedure of the
66. When a claim is made to any movable property
taken in execution under the process, whether civil or criminal,
of the court, the procedure shall be as prescribed in the
court in its criminal jurisdiction shall be regulated, in respect
of summary conviction offences, by the Summary Jurisdiction
(Procedure) Act, and by any other written law relating thereto
and in respect of indictable offences, by any written law relating
to those offences.
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c. 7:01

Completion by
magistrate of
process begun
by his
predecessor.

Process of
magistrate
valid
throughout
Guyana.
[4 of 1972]
Issue of
process.
Summary Jurisdiction (Petty Debt) Act.
67. (1) Where a magistrate has issued any summons
or warrant, or otherwise taken or commenced any proceeding
or matter, whether civil or criminal, under any authority
however conferred, and subsequently ceases to act as
magistrate, the person in whose hands the summons or
warrant is may execute or serve it in the same manner, as if
the magistrate who issued it had not ceased so to act; and any
successor of the magistrate, or any person acting for the
magistrate, may hear, determine, execute, enforce, and carry
to completion, any proceeding or matter so commenced.
(2) When a magistrate has completed hearing any
proceeding or matter whether civil or criminal under any
authority however conferred and subsequently ceases to act
as a magistrate or has been transferred from that district or is
otherwise unable to deliver judgment, a judgment in the
proceeding or matter written by him may be read by any
other magistrate and entered into the minute book of the
court.
(3) A judgment so read shall have effect as if
delivered by the magistrate hearing the proceeding or matter.
68. (1) All summonses, warrants, orders, judgments,
writs of execution, or other process or proceedings, whether
civil or criminal, issued or taken by or by the authority of any
magistrate respecting any matter within his jurisdiction shall
have full force and effect, and may be served or executed,
anywhere within Guyana by a bailiff of the court, by the
police or other constable to whom they are directed, or by any
other police or other constable, as the case may be.
(2) All summonses, warrants, orders, convictions,
and recognisances, and all other process, whether civil or
criminal, shall be issued or made under the hand of the
magistrate; and the signature of the magistrate may be affixed
by means of a stamp or facsimile.
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Duty of
constables to
obey
magistrates.
Tables of fees
and costs.
Schedule.

Payment of fees
and costs.
[3 0f 1937]
Fees on
affidavits of
service.

69. All police and other constables are hereby
authorised and required to obey the warrants, orders and
directions of the magistrate in the exercise of his criminal
jurisdiction, and, so far as obedience may be authorised and
required by any written law in that behalf, of his civil
jurisdiction.
PART VI
MISCELLANEOUS PROVISIONS
Fees and Costs
70. (1) The fees and costs set forth in the tables in the
Schedule may be demanded and received by the clerk of
every magistrate’s court for and in respect of the several
matters therein mentioned. In the absence of the clerk, or if
there is no clerk, they may be demanded and received by the
magistrate.
(2) The fees and costs, or any of them, including
amounts for service of process, may, from time to time, be
annulled or altered by an order of the Minister responsible for
finance, and other fees and costs and amounts may in like
manner be fixed and imposed.
(3) Every order shall be published in the Gazette,
and shall take effect on the publication thereof or at any other
time mentioned therein.
71. All fees and costs payable under or by virtue of
this Act shall be paid in money unless otherwise specially
provided for under this or any Act for the time being in force.
72. In the case of an affidavit of service of process, no
fee shall be payable on the execution thereof, but the fee shall
be payable as and when the affidavit is tendered in evidence.
73. (1) All fees and costs payable under or by virtue of Pre-payment of
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fees and costs.

Exemption.

Magistrate and
clerk to be
under audit
regulations.

c. 73:01

this Act shall in the first instance be paid by the party
applying for the summons, warrant, or other process or
document, in respect whereof they are payable, but they shall
be costs in the cause or matter in which they are paid:
Provided that—
(a) no fees shall be payable in any case in
which the magistrate or justice of the
peace endorses on the plaint,
information, or complaint, that the
case is proper to be brought by the
public body or officer prosecuting as
concerning the public interest, or that
it is a fit case for the remission of fees
on account of the poverty of the party;
and
(b) in that case the fees and costs shall, in
the discretion of the magistrate, be
recoverable from the other party if the
decision is given against him.
(2) No court fees, nor fees payable to any officer
of the court, shall be taken under the Schedule, or any order
of the Minister responsible for finance made under section 70,
where they are payable by any government department, but
they shall, nevertheless, be taken as paid for the purpose of
assessing any costs which the court directs to be paid.
74. (1) Every magistrate and every clerk of a
magistrate’s court shall be subject to the rules and regulations
for keeping and auditing the public accounts of Guyana and
for the guidance and control of public officers in charge of or
dealing with public moneys now in force or which may
hereafter be in force under the Financial Administration and
Audit Act or any other Act.
75. The Minister may make regulations for the proper Regulations.
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[3 of 1957
4 of 1972]
All moneys
received in
magistrates’
courts subject
to foregoing
provisions.
Protection of
magistrate.
c. 5:07

Rules of
practice and
procedure.
[41 of 1957]
carrying out of the provisions of this Act.
76. Sections 70 to 75 (inclusive) shall apply to all
moneys received by the clerk of a magistrate’s court, under
this or any other Act, whether the moneys are fees, costs,
fines, forfeitures, penalties, or money paid into court for any
purpose, or received or recovered under or by virtue of any
process of execution or distress.
Protection of Magistrate
77. In the exercise of his jurisdiction, whether civil or
criminal, a magistrate shall be deemed to be a justice of the
peace within the meaning of the Justices Protection Act.
Rules of Practice
78. (1) The Chief Justice may appoint any three or
more magistrates to be a committee for the purpose of making
rules, including forms, for regulating the practice and
procedure of the courts in matters not provided for by this or
any other Act relating thereto.
(2) The rules shall be subject to the approval of
the National Assembly, who may add to, alter, or amend
them.
_____________

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TABLES OF FEES AND COSTS
TABLE A
Fees and costs payable in respect of proceedings for recovery
of petty debts and petty damages
$ c
1. Preparing plaint ..............................................
2. Filing the plaint, counterclaim or set-off, and,
(if necessary) filling up the summons to the
defendant (or plaintiff) where the amount of the
value of the article sought to be recovered—
(a) does not exceed $50....................................
(b) exceeds $50 but does not exceed $100............
(c) exceeds $100 but does not exceed $150............
(d) exceeds $150 but does not exceed $200............
(e) exceeds $200 but does not exceed $250............
(f) exceeds $250 but does not exceed $300............
(g) exceeds $300 but does not exceed $350...........
(h) exceeds $350 but does not exceed $400...........
(i) exceeds $400 but does not exceed $450...........
(j) exceeds $450 but does not exceed $500...........
(k) exceeds $500.................................................
3. Judgment summons—
(a) Filing praecipe for issue of judgment
summons on any original judgment or
order......................
(b) Filing same on an order for payment by
instalments.......................................................
4. Service of any summons in an action, or
judgment summons upon the debtor, or
summons upon a garnishee or judgment debtor
SCHEDULE
O. 24/1986
s. 70

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in garnishee proceedings or upon an execution
debtor in proceedings to obtain particulars of
his interest under a lease ......................................
5. Preparing summons to witness (where
necessary) and service thereof ...............................
6. On tendering in evidence any affidavit or
return of service of process...................................
7. Preparing (where necessary) and issuing
writ of execution or writ of delivery including
levy and sale of delivery thereunder, or any
fugee warrant, or upon endorsement of a writ
of execution with a garnishment order
................................................
8. Expenses of execution—
(a) For the daily keep of each horse, mule or
head of horned cattle taken in execution, not
exceeding.....................................................
(b) For the daily keep of each head of other
kinds of livestock, not exceeding
..................................
(c) Cartage and porterage not exceeding the
rates payable under the scale prescribed by any
tariff made by any lawful authority in the town
or district, or where there is no such tariff, such
reasonable charge as the Clerk of Court may
allow.
(d) Petition for order of execution in case of levy
or immovable property and other thereon,
including printed copy of petition and order
thereon........................................................
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(e) Act of levy, inventory, and advertisement of
day of sale.
(f) Commission on amount of proceeds of sale of
any property, moveable or immovable – three
per cent
(Distance money shall not be charged but the
marshal shall receive his actual travelling
expenses, plus five dollars for every twenty-four
hours of absence.)
9. Judgment or other –
(a) Drawing any judgment or order of the Court
where necessary or directed
(b) Copy of any judgment or order or jacket
containing judgment or other
(c) Certificate of judgment or under rule 7 of
Part XXIV of the rules
10. Filing any special case
11. For each form of a process
12. Filing any statutory or other application (in
writing) including any affidavit in support
thereof (where necessary) or filing any affidavit
alone for which a filing or other fee has not been
prescribed by the Act under which the
application is filed
13. Copy of evidence or of any document per
page of 120 words each
14. Upon sending any special case submitting
any question of law for the decision of a judge
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II. COUNSEL’S COSTS
(To be awarded in accordance with the
Summary Jurisdiction (Civil Procedure) Rules
1. Instructions for and drawing any plaint or
counterclaim or particulars of defence to plaint
or counterclaim where the amount or the value
of the article sought to be recovered–
(a) does not exceed $200
(b) exceeds $200 but does not exceed $400
(c) exceeds $400 but does not exceed $600
(d) exceeds $600 but does not exceed $800
(e) exceeds $800 but does not exceed $1,000
(f) exceeds $1,000
2. Instructions for and drawing any application
in writing (when same could not be verbally
made) or notice of application including any
necessary affidavit in support, where the
amount or the value of the article sought to be
recovered–
(a) does not exceed $750, not exceeding
(b) exceeds $750, not exceeding
3. Instructions for and drawing any affidavit or
notice including service thereof, not exceeding
4. Instructions for and drawing any notice to
produce documents for inspection, inspecting
and taking copies of all such documents, not
exceeding
5. Preparing copies of process for service under
rule 7 Part XXIV of the rules per folio of 120
words each
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6. Preparing copies or verified copies of any
documents necessary for use in any proceedings
per folio of 120 words each
7. Making or opposing application for discovery
of document, or other application in writing (for
all work done in connection therewith and only
where the court or a magistrate considers the
same necessary) not exceeding
8. Costs of the day to opposite party awarded on
postponement or adjournment of action or
matter at party’s request or by reason of his
default, not exceeding
9. Obtaining judgment by consent or by default
where the amount or the value of the article
sought to be removed–
(a) does not exceed $400
(b) exceeds $400 but does not exceed $600
(c) exceeds $600 but does not exceed $800
(d) exceeds $800 but does not exceed $1,000
(e) exceeds 1,000
Provided that the court may allow a fee
exceeding the above fees but not more than
$45.00 in any case involving appearance in
court.
10. Appearance conducting or defending action
in court a fee not exceeding 10 per cent on the
amount removed by a successful claimant or on
the value of the property in dispute or on the
amount claimed or the value of the property in
dispute in the case of costs awarded against a
claimant:

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Provided that in any case of special difficulty or
importance the court may allow a fee exceeding
the fee which may be allowed hereunder by not
more than $150.00
11. Fee for appearance in court and for all other
services in any proceedings in aid of execution,
not exceeding
12. Fee for appearance in court in supporting or
opposing an application for commitment of
judgment debtor, not exceeding
13. Town Council or Village Appraisement
Appeals–
(a) Instructions to enter appeal, not to exceed
(b) drawing and filing plaint on appeal to

(c) Attendance in court of counsel supporting or
opposing the appeal
(d) In any special or extraordinary
circumstances, fees to counsel instructed by
attorney-at-law may be allowed, if in the
opinion of the court any point of law of
exceptional difficulty is involved, provided
(Provided that where the valuation of the
property the subject matter of the assessment
has been reduced by a sum not amounting to
$2,500 no costs exceeding $75.00 shall be
allowed to the appellant.)
III. GENERAL
With respect to any matter not provided for in
always that the sum involved inthe appeals
exceeds
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this Table, the court or a magistrate may award
for the services of counsel such reasonable fee,
commensurate with the services performed, not
exceeding $150.00, as it or he shall deem just.
TABLE B
Fees and costs payable in respect of proceedings in relation to
summary conviction offences
$ c
1. Preparing complaint or information
2. Preparing each summons including filing
complaint or information other than a summons
hereinafter mentioned in item 9.
3. Preparing each warrant
4. Each copy of a conviction or order
5. Each certificate of dismissal
6. Copy of evidence or of any document, per
page of 120 words.
7. For removal of property taken in execution,
the reasonable expenses actually incurred and
paid.
8. Service of summons on each defendant
9. Preparing and serving of summons on each
witness.
10. For executing any warrant of commitment.

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11. Costs of either of the parties under section 36
(d) of the Summary Jurisdiction (magistrates)
Act, Cap. 3:05, the proper allowance for
witnesses, and in addition for professional
assistance, a sum not exceeding
TABLE C
Remuneration of witnesses in both Civil and
Criminal proceedings
Each person in the following classes, for each
day that person attends, or is travelling to
attend, or to return from, the Court, provided
the person is not in receipt of any salary or
wages as a public officer or servant in Guyana,
shall be remunerated as follows–
1. Medical and legal practitioners, ministers
of religion, civil, mechanical and electrical
engineers and persons professionally qualified
in other branches of engineering, registered
Dentists, Chartered Accountants and persons
registered as public auditors under the
Companies Act and other persons
professionally qualified but not otherwise
specified in this Schedule
2. Every merchant, attorney, director or
manager of a mercantile firm, estate proprietor,
estate manager or attorney
3. Every architect, surveyor, building
contractor, chemist and druggist, auctioneer,
manufacturer’s agent, master of a sea-going
vessel or other person similarly employed
4. Every mercantile clerk, shop or store
keeper, master tradesman, estate overseer, mate
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of a sea-going vessel or other person similarly
employed
5. Every shop assistant, provision farmer,
tradesman, stevedore porter, estate
superintendent or other person similarly
employed
6. Every pedlar, store porter, chauffeur,
seamstress, labourer on a timber grant, balata
grant, placer or mining claim, or other person
similarly employed
7. Every domestic servant, agricultural
labourer, gardener, huckster, groom or other
person similarly employed
8. Every person between the ages of 6 and 16
9. Every person being the wife or
10.Every person belonging to any class not
specified
11. For qualifying to give evidence and for
attendance in court of expert scientific or other
witness such sum as may be fixed by the court,
not exceeding $200.00 in any summary case, and
not exceeding $50.00 at the preliminary inquiry
in an indictable case.
Note. (i) In criminal proceedings a
witness in class 1 or 2 who resides within the
boundaries of the City of Georgetown, or within
the boundaries of the town of New Amsterdam,
or within 1 mile of the Court House at Suddie
shall not receive any remuneration unless he
satisfies the magistrate that he has incurred loss
by attending the court.
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(ii) In all cases a witness (including a public
officer or servant when attending as a witness in
a matter not arising out of his official duties)
shall be entitled to such actual travelling and
hotel expenses (where necessary) as the
magistrate shall in each case allow.
________________________

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[Subsidiary] Magisterial Districts (Boundaries) Order
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
O. 9/1951
16/1956 MAGISTERIAL DISTRICTS
(BOUNDARIES) ORDER
made under section 3
Citation.
Magisterial
Districts varied.
[O. 16/1956]
1. This Order may be cited as the Magisterial
Districts (Boundaries) Order.
2. The limits of the several Magisterial Districts
into which Guyana is divided are hereby varied and shall,
as from the 1st April, 1951, be as defined in the Schedule.
SCHEDULE
1. THE COURANTYNE MAGISTERIAL
DISTRICT
That part of Guyana bounded as follows –
On the north by the Atlantic Ocean;
On the west by the watershed between the
Courantyne and Berbice Rivers from the 4th parallel of
north latitude to the source of the Canje River; thence by
the Canje River to the “Old Port Mourant Water Path”;
thence by the Old Port Mourant Water Path to the western
boundary of Plantation Port Mourant; thence along the
western boundary of Plantation Port Mourant to the
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Atlantic Ocean.
On the east by the Courantyne River as far south as
the 4th parallel of north latitude;
On the south by the 4th parallel of north latitude.
2. THE BERBICE MAGISTERIAL DISTRICT
That part of Guyana bounded as follows –
On the north by the Atlantic Ocean;
On the south by the 4th parallel of north latitude from
the point of intersection with the eastern boundary to the
point of intersection with the watershed between the
Berbice and Essequibo Rivers;
On the east by the eastern boundary of Plantation Rose
Hall on the Courantyne Coast to the back boundary, thence
along the Old Port Mourant Water Path to the Canje River,
thence along the Canje River to its source; thence by the
watershed, between the Berbice and Courantyne Rivers to
the 4th parallel of north latitude;
On the west by the watershed between the Berbice and
Essequibo Rivers to the source of the Demerara River;
thence by the watershed of the tributaries on the right bank
of the Demerara River to the source of the Warababaru
Creek; thence by the Warababaru Creek to its junction with
the Ituni River; thence by the Ituni River to its source;
thence by the watershed of the tributaries on the right bank
of the Demerara River to a point due west of the source of
the Abary River; thence by an imaginary straight line to the
source of the Abary River; thence by the Abary River to the
Atlantic Ocean.

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3. THE EAST DEMERARA MAGISTERIAL
DISTRICT
That part of Guyana bounded as follows –
On the north by the Atlantic Ocean;
On the south by an imaginary straight line running due
west from the source of the Abary River to the point of
intersection with the watershed of the tributaries on the
right bank of the Demerara River;
On the east by the Abary River to its source;
On the west by the watershed of the tributaries on the
right bank of the Demerara River, from the source of the
Abary River to the source of the Hauraruni River; thence by
an imaginary straight line to the south-eastern corner of
Timehri Field; thence by the eastern and northern
boundaries of Timehri Field to the south-eastern corner of
Plantation Soesdyke; thence by the eastern boundaries of
Plantations Soesdyke and DeHeuvel to the north-eastern
corner of Plantation DeHeuvel; thence by an imaginary
straight line to the junction of the New Cut of the Lamaha
Canal with Sand Creek; thence by the Lamaha Canal to the
point of intersection with the side-line dam between
Plantations Bel Air and Sophia; thence by the aforesaid
side-line dam to the Atlantic Ocean.
4. THE GEORGETOWN MAGISTERIAL DISTRICT
That part of Guyana bounded as follows –
On the north by the Atlantic Ocean;
On the south by the right bank of the Hauraruni River
from its source to its confluence with the Demerara River;
thence by an imaginary straight line in a north-westerly
direction across the Demerara River to the mouth of the
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Kamuni River;
On the east by the side-line dam between Plantations
Bel Air and Sophia to the point of intersection with the
Lamaha Canal; thence by the Lamaha Canal to the junction
of the New Cut with Sand Creek; thence by an imaginary
straight line to the north-eastern corner of Plantation
DeHeuvel; thence by the eastern boundaries of Plantations
DeHeuvel and Soesdyke to the northern boundary of
Timehri Field; thence by the northern and eastern
boundaries of Timehri Field to the south-eastern corner of
Timehri Field; thence by an imaginary straight line to the
source of the Hauraruni River;
On the west by the left bank of the Demerara River from
the mouth of the Kamuni River to the Atlantic Ocean.
5. THE WEST DEMERARA MAGISTERIAL
DISTRICT
That part of Guyana bounded as follows –
On the north by the Atlantic Ocean;
On the south by the 5th parallel of north latitude from
the point of intersection with the eastern boundary to the
point of intersection with the right bank of the Essequibo
River;
On the east by the left bank of the Demerara River from
its mouth to its junction with the Kamuni River; thence by
an imaginary straight line running in a south-easterly
direction across the Demerara River to the mouth of the
Hauraruni River; thence by the right bank of the Hauraruni
River to its source; thence by the watershed of the
tributaries on the right bank of the Demerara River to the
source of the Ituni River; thence by the Warababaru Creek
to its source; thence by the watershed of the tributaries on
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the right bank of the Demerara River to the 5th parallel of
north latitude;
On the west by the right bank of the Essequibo River
from the 5th parallel of north latitude to the mouth of the
Anarika River; thence by the Anarika River to its source;
thence by watershed of the tributaries on the right bank of
the Essequibo River to the source of the Bonasika River;
thence by the Bonasika River to its junction with the
Essequibo River; thence by the right bank of the Essequibo
River to the Atlantic Ocean.
6. THE ESSEQUIBO MAGISTERIAL DISTRICT
That part of Guyana bounded as follows –
On the north by the boundary between Guyana and
Venezuela from the mount of the Wenamu River to the
source of the Akarabisi River; thence by the watershed
between the Cuyuni River and the Barama and Waini
Rivers to the source of the Pomeroon River; thence by the
watershed between the Waini and the Pomeroon and
Wakapau Rivers to the source of an unnamed tributary of
the Manawarin River which runs in a south-westerly
direction as shown on the 1913 map of Guyana; thence by
the said unnamed tributary to the Manawarin River; thence
by the Manawarin River to the Atlantic Ocean;
On the south by the 5th parallel of north latitude from
the point of intersection with the eastern boundary to the
point of intersection with the boundary between Guyana
and Brazil; thence by the said boundary to the Mount
Roraima;
On the east by the Atlantic Ocean and the right bank of
the Essequibo River to the Bonasika River; thence by the
Bonasika River to its source; thence by the watershed of the
tributaries on the right bank of the Essequibo River to the
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source of the Anarika River; thence by the Anarika River to
its junction with the Essequibo River; thence by the right
bank of the Essequibo River to the 5th parallel of north
latitude;
On the west by the boundary between Guyana and
Venezuela from Mount Roraima to the mouth of the
Wenamu River.
7. THE NORTH-WEST MAGISTERIAL DISTRICT
That part of Guyana bounded as follows –
On the north by the Atlantic Ocean;
On the south by the watershed between the Cuyuni
River and the Waini and Barama Rivers from the source of
the Pomeroon River to the source of the Akarabisi River;
On the east by the Moruka River from its mouth to the
junction with the Manawarin River; thence by the
Manawarin River to an unnamed tributary which runs in a
south-westerly direction as shown in the 1913 map of
Guyana; thence by the said unnamed tributary to its source;
thence by the watershed between the Waini River and the
Pomeroon and Wakapau Rivers to the source of the
Pomeroon River;
On the west by the boundary between Guyana and
Venezuela from the source of the Akarabisi River to the
Atlantic Ocean.
8. THE RUPUNUNI MAGISTERIAL DISTRICT
That part of Guyana bounded as follows –
On the north by the 5th parallel of north latitude from
the point of intersection with the boundary between
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Reg. 5/1950

Citation.
Collecting
officer to
notify husband
of direction.
Copy of order
of attachment
to payer of
Guyana and Brazil to the point of intersection with the
watershed of the tributaries on the right bank of the
Demerara River;
On the south by the boundary between Guyana and
Brazil;
On the east by the watershed of the tributaries on the
right bank of the Demerara River to the source of the
Demerara River; thence by the watershed between the
Essequibo and Berbice Rivers to the point of intersection
with the 4th parallel of north latitude; thence by the 4th
parallel of north latitude to the Courantyne River; thence by
the boundary between Guyana and Surinam;
On the west by the boundary between Guyana and
Brazil.
_______________
MAINTENANCE REGULATIONS
made under section 52
1. These Regulations may be cited as the
Maintenance Regulations.
2. Where subsequent to the making of maintenance
order a magistrate on the ex parte application of the wife or
other person named in the maintenance order directs that all
payments becoming due under such order be made to the
collecting officer, such officer shall send to the husband by
registered post notice of such direction.
3. Where an order is made under section 50 of the Act
attaching any pension or income a copy of such order
certified by the clerk of the court shall be sent by registered
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pension.
Issue of
receipt.
Signing of
receipt.


Payment
under section
42.
post to the person by whom such pension or income is
payable and thereupon such person shall pay the amount
ordered to the collecting officer; such payments to be made at
such times as such pension or income shall be payable.
4. The collecting officer shall issue a receipt from
a book of printed duplicate receipts to every person making
any payment under the Act and such receipt shall set out the
name of the person by whom such payment shall be made, the
amount paid, the date of such payment and the date upon
which the period in respect of which such payment became
due.
5. Where the collecting officer makes payment direct
to the wife or other person named in the maintenance order he
shall, at the time of making such payment, require the wife or
other person named in the order to sign a receipt for the
amount so paid, in a book of receipts to be kept by the
collecting officer.
6. (1) Where the collecting officer makes payment to
the wife or other person named in the order under section 47
(e) of the Act he shall make out in triplicate in a book to be
kept by him an order to the postmaster at the Post Office
where payment is to be made specifying the amount to be paid
to such person. The collecting officer shall then forward by
registered post to such postmaster the original of such order
and shall at the same time send the duplicate thereof by
registered post to the person to whom payment is to be made.
(2) On payment of an order in accordance with
section 47 (e) of the Act the postmaster shall account for it in
the same manner as a Treasury payment under the head
“Deposits, Maintenance Act”. The postmaster shall retain the
original order in support of the payment and post the duplicate
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Cash book.

Ledger.

Entries.

Application
for warrant for
arrears.
on the same day to the collecting officer who shall attach it to
the triplicate order to which it relates.
(3) The collecting officer shall pay to the Accoun-
tant General all amounts collected under the Act in respect of
which orders have been issued to postmasters and he shall
account for such payments in the same manner as in the case of
general revenue. A statement giving the number of each
payment order, the post office to which it was sent, the name of
each payee and the amount payable shall accompany every
payment made to the Accountant General.
7. The collecting officer shall keep a cash book in
which he shall enter forthwith all amounts received by him
and all payments made by him under the Act and shall
balance the same upon the last day of each calendar month.
8. The collecting officer shall also keep a ledger in
which he shall open an account in respect of each proceeding
in which an order shall have been made for payment to him
and he shall post to such ledger at the end of each day all
payments which shall have been made to or by him, each such
account to be headed in the name of the proceeding, that is to
say, “versus” together with the date of the order and the
particulars thereof.
9. Each entry in the cash book shall set out, in
addition to amount received or paid, the name of the
proceeding, the name of the person making or receiving
payment and the folio of the ledger to which such payment
shall have been posted; and each entry in the ledger set out
the folio of the cash book from which such entry shall have
been posted.
10. Where any payment to be made to the collecting
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Unclaimed
order.


Recording of
return of
unclaimed
order.

Refund of
moneys
deposited with
Accountant
General.
officer is fourteen clear days in arrears the collecting officer
shall make application forthwith to the magisterial for the
issue of a warrant under section 48 of the Act and it shall not
be necessary that notice of such application be given to the
person in default.
11. Where an original order has been forwarded to a
postmaster and has been unclaimed for a period of three
months from the date of issue the postmaster shall endorse on
it the fact that the order is unclaimed and shall return it to the
collecting officer.
12. (1) Where an unclaimed original order is returned
to a collecting officer he shall record the fact that payment has
not been claimed on the triplicate order relating thereto and
shall thereupon make out a transfer voucher debiting the head
“Deposits, Maintenance Act” and crediting the head
“Unclaimed Deposits, Maintenance Act”, attach the
unclaimed original order thereto and forward it to the
Accountant General.
(2) Where any money paid to a collecting officer is
in his possession for a period of six months he shall forward it
to the Accountant General accompanied by a transfer
voucher, accounting as in paragraph (1).
13. Where any unclaimed orders or moneys have been
deposited with the Accountant General under the last
preceding regulation and a claim for payment in respect
thereof is subsequently made to the collecting officer he shall
issue a voucher headed “Unclaimed Deposits, Maintenance
Act” showing the applicant as payee. The particulars of the
deposit shall be filled in on the face of the voucher and the
magistrate shall certify the correctness of the refund by
signing the voucher as “Head of Department”.
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Forms.
Provided that where any money deposited with the
Accountant General remains unclaimed for more than two
years from the date of deposit it may be refunded to the
person from whom it was originally collected or paid into
revenue if such person has since died or left Guyana or his
whereabouts are unknown.
14. The forms set forth in the Schedule or forms to the
like effect may be used in the matters to which they apply.
SCHEDULE
FORM 1
APPLICATION EX PARTE UNDER SECTION 47 OF THE
SUMMARY JURISDICTION (MAGISTRATES) ACT
Guyana
In the magistrate’s court for the.............Magisterial District.
The application of..................of.................who saith that by a
maintenance order made at the magistrate’s court holden
at.........on the..........day of.............20......, was found guilty
of..........and ordered to pay to her the sum of $...........per week
for the maintenance of herself and ..............children.
And the said.........now prays that it may be ordered that all
payments becoming due under such order be made to the
collecting officer for the...............Magisterial District from and
after the...............day of..............20......

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(Signed)..................................... Applicant
Exhibited before me this................day of..............20......
(Signed)..................................... Magistrate
..............................................Magisterial District
_____________
FORM 2
NOTICE TO HUSBAND OF ORDER TO PAY TO THE
COLLECTING OFFICER
Guyana
In the magistrate’s court for the.............Magisterial District.
To.........................
Take notice that whereas by a maintenance order made at
the magistrate’s court holden at................on the.................day
of................20......, you were found guilty of..........................and
ordered to pay to her the sum of.....a week for the maintenance
of herself and..............children.
Now upon the application of the said............it is ordered that
all payments becoming due under such order be made to the
collecting officer for the........................Magisterial District from
and after the...............day of.................20........
Dated the.............day of.............20......, at..............
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(Signed)..................................... Collecting Officer
..............................................Magisterial District
_____________
FORM 3
COMPLAINT FOR ATTACHMENT OF PENSION OR
INCOME
Guyana
In the magistrate’s court for the.............Magisterial District.
The complaint of..................of..................made and taken on
oath before me, the undersigned magistrate for the said
Magisterial District the..........day of...........20....., who saith that
by a maintenance order made at the magistrate’s court holden
at....................on the..............day of.................20....., was found
guilty of...................and ordered to pay to the complainant the
sum of.....................a week;
And the said complainant further saith that the
said...............has without reasonable cause made default under
the said order and there is now due thereunder the sum
of......................being the amount of arrears for....................
week payments;
And the complainant further saith that there is payable to
the said....................a certain pension (income) capable of being
attached, namely. 
And the complainant therefore prays that an order be made
 Set out particulars of pension or income.
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that the sum of † or such part thereof as the court may order
may each week be attached out of the said pension (income)
and paid to the collecting officer for the said Magisterial
District.
Taken and sworn to before me this..............day of..................
20......., at................in the...................Magisterial District.
(Signed)..................................... Magistrate
_____________
FORM 4
SUMMONS TO ATTACH PENSION OR INCOME
Guyana
In the magistrate’s court for the.............Magisterial District.
To...................of..................
Whereas complaint has been made upon oath before me on
the..................day of......................20......, that by a maintenance
order made at the magistrate’s court for the.............Magisterial
District, holden at..................on the................day of......................
20......, at...............in the...............Magisterial District.
(Signed)..................................... Magistrate
________________
† Insert amount of weekly sum payable under maintenance order.
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FORM 5
ORDER TO ATTACH PENSION OR INCOME
Guyana
In the magistrate’s court for the.............Magisterial District.
Whereas complaint has been made by..................of................
that by a maintenance order made at the................magistrate’s
court holden at.....................on the..............day of.............20.......,
.....................was found guilty of..................and ordered to pay
to...................the sum of................a week for the maintenance of
herself and...........................children and that he has without
reasonable cause made default under the said order and there
is now due thereunder the sum of..................being the amount
of arrears for.........................weeks payments and that there is
payable to the said...........................a certain pension (income)
capable of being attached, namely, .....................
After giving the said...................an opportunity of being
heard it is adjudged that the said complaint is true and it is
ordered that the sum of.............each week be attached out of the
said pension (income) and paid to the collecting officer for
the......................Magisterial District.
Dated this............day of.....................20.......
(Signed)..................................... Magistrate
..............................................Magisterial District

_______________________


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FORM 6
FORM OF RECEIPT TO BE GIVEN BY COLLECTING
OFFICER
No......................
In the magistrate’s court for the..............Magisterial District.
...............v............... Received from.................this................day of.................20......,
the sum of...................being amount due under a maintenance
order in the above matter in respect of.............weeks payments
ending................day of............20.......
(Signed)..................................... Collecting Officer
..............................................Magisterial District

_____________
FORM 7
FORM OF RECEIPT TO BE GIVEN TO THE COLLECTING
OFFICER
No......................
In the magistrate’s court for the..............Magisterial District.
...............v............... Received from.................this................day of.................20......,
from the collecting officer for the..............Magisterial District the
sum of...................being amount due under a maintenance order
in the above matter in respect of.............weeks payments
ending................day of............20.......
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(Signed).....................................
_____________
FORM 8
FORM OF ORDER FOR PAYMENT BY POSTMASTER
(to be made out in triplicate)
No......................
In the magistrate’s court for the..............Magisterial District.
...............v...............
To the postmaster at....................
Pay to.............the sum of...........being amount due under a
maintenance order in the above matter in respect of..................
weeks payments ending......................20.......
(Signed)..................................... Collecting Officer
..............................................Magisterial District
Received payment of the above sum this..............day
of.................20......
(Signed).....................................



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FORM 9
APPLICATION FOR WARRANT OF DISTRESS
Guyana
In the magistrate’s court for the...........Magisterial District.
Whereas by a maintenance order made at the magistrate’s
court of the................Magisterial District, holden at..............on
the............day of..............20....., .............of............was found guilty
of............and ordered to pay to the collecting officer for the
said............Magisterial District the sum of..........a week for the
maintenance of the said...........and..............children.
And whereas the said.................has made default under the
said order and there is now due thereunder the sum
of..............being the amount of arrears for.........................weeks
payments ending............day of.................20......
I,............................., collecting officer for the said Magisterial
District, do hereby pray that a warrant may issue directing that
the said sum of................due under such order together with the
costs attending such warrant be recovered by distress and sale
of the goods and chattels of the said................
Dated the...............day of...................20.........
(Signed)..................................... Collecting Officer
..............................................Magisterial District
______________

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FORM 10
WARRANT OF DISTRESS ON APPLICATION OF
COLLECTING OFFICER
Guyana
In the magistrate’s court for the...........Magisterial District.
To ...................... Police (or .................) Constable.
Whereas by a maintenance order made at the magistrate’s
court for the.....................Magisterial District holden at...............
at....................on the................day of....................20....., .................
of................., was found guilty of..............and ordered to pay to
the collecting officer for the said Magisterial District the sum
of...................for the maintenance of the said.................and
...................children.
And whereas the said...............has made default under the
said order and there is due thereunder the sum
of......................being amount of arrears for.................weeks
payments ending.................20........
And whereas the said collecting officer has applied that a
warrant may issue directing that the said last mentioned sum
together with the costs attending such warrant be recovered by
distress and sale of goods and chattels of the said................
This is to command you forthwith to make distress of the
goods and chattels of the said............and if within the space of
five days after the making of such distress the said sum
of...................together with the reasonable charges of taking and
keeping the said distress shall not be paid then that you do sell
the said goods and chattels so by you distrained and do pay the
money arising from such sale unto the said collecting officer
that he may pay and apply the same as by law directed and
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may render the surplus, if any, on demand the said......................
Given under my hand at...........in the..............Magisterial
District this..............day of..............20......
(Signed)..................................... Magistrate
___________
FORM 11
WARRANT OF ARREST WHERE NO SUFFICIENT
DISTRESS
Guyana
In the magistrate’s court for the...........Magisterial District.
To ...................... Police (or .................) Constable.
Whereas by a maintenance order made at the magistrate’s
court for the.....................Magisterial District holden at...............
was found guilty of...............on the................day of......................
20....., and ordered to pay to the collecting officer of the said
Magisterial District the sum of...................................for the
maintenance of the said.................and...................children.
And whereas the said............has made default under the said
order and there is due thereunder the sum of............being
amount of arrears for................weeks payments ending.............
20..........
And whereas on the................day of...............20......., a
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warrant was issued to...............commanding him to levy the
said sum of..............by distress and sale of the goods and
chattels of the said................but no sufficient distress whereon
to levy the said sum could be found.
This is to therefore to command you forthwith to apprehend
the said.................and bring him before the said magistrate’s
court to be holden at...................to answer the premises unless
the sum above-mentioned together with all costs be sooner
paid.

Given under my hand at.............in the..................Magisterial
District this.................day of...................20......
Signed)..................................... Magistrate
_____________
FORM 12
WARRANT OF COMMITMENT AFTER APPREHENSION
Guyana
In the magistrate’s court for the...........Magisterial District.
To ...................... Police (or .................) Constable and to the
Keeper of......................Prison.
Whereas by a maintenance order made at the magistrate’s
court holden at...............on the...............day of................20.........,
....................of.............was found guilty of...............and ordered to
pay to the collecting officer of the said Magisterial District the
sum of......................a week for the maintenance of the
said.................and...................children.
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And whereas the said.............has made default under the
said order and there is due thereunder the sum of......................
and it appears by the return to a warrant of distress that no
sufficient distress whereon to levy the said sum and the costs
attending such warrant could be found and the said..................
have been brought before the said magistrate’s court holden
at..........................on the..................day of....................20......, has
neglected (refused) without reasonable cause to make payment
of the said sum so due together with such costs.
This is to command you the said constable to take the said
..................and him safely to convey to the.......................Prison,
and there deliver him to the Keeper thereof together with this
warrant.
And I do hereby command you the said Keeper to receive
him the said.................there to be imprisoned for the space
of...................from the date hereof unless the sum above-
mentioned together with all costs and charges shall be sooner
paid.
And for so doing this shall be your sufficient warrant.
Given under my hand at.............in the..................Magisterial
District this.................day of...................20......
Signed).....................................
________________

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MONEY REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
I. ACCOUNTS
1. Citation.
2. (1) Records.
(2) Revenue.
3. (1) Payments to the State, fines, etc;
(2) Fines not paid at the time imposed.
(3) Prisoners committed to prison in default of
payments of fine
II. PAYMENT OF FEES AND COSTS
4. Fees and costs to be paid in money.
5. No money to be collected in respect of free process.
6. Receipts to be made out for all money received.
7. Receipts to be made out in prescribed forms.
8. Magistrates to check correctness of fees and costs.
III. CASE JACKETS
9. Procedure for dealing with case jackets.
10. Forms of case jackets.
11. Summonses in civil proceedings.
12. Name of magistrate to appear on duplicate sum-
monses.
13. Custody of documents.
14. Responsibility for case jackets.
15. Responsibility for cases called on incorrect days.
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REGULATION
IV. RECEIPT AND RECOVERY OF MONEY UNDER
WRITS OF EXECUTION OR DISTRESS WARRANTS
16. Custody of writs and warrants.
17. Writs sent to another district.
18. (1) Issue of writs to bailiff by clerk of the court.
(2) Action to be recorded on writs of bailiff.
(3) Execution of writs.
19. Payment of moneys to suitors.
20. (1) Records to be kept by clerk of the court.
(2) Receipt and suitors.
21. Withdrawal of writs or warrants.
22. Bailiff’s writ and warrant book.
23. Usage of bailiff’s writ and warrant book.
24. Payments to clerk by bailiff on account of writs or
warrants.
25. Check to be made to bailiff’s writ and warrant book
by clerk of the court.
26. (1) Spent and withdrawn writs.
(2) Cancellation of entries of spent writs in clerk’s
writ book.
27. Action on writs from other districts.
V. MONEYS PAID INTO COURT UNDER A JUDGEMENT
ORDER OR OTHERWISE
28. Payment of moneys paid in under a judgement
order or otherwise.
VI. DELIVERY OF SUMMONSES TO POLICE FOR
SERVICE
29. Delivery of summonses to police for service.

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Reg. 4/3/1931
1/6/1931
22/11/1937
18/1960
17/1983

Citation.

Records.

Revenue.

Payments to
the State; fines,
etc.
REGULATION
VII. BOOKS AND FORMS OF ACCOUNT
30. Books and forms of account.
SCHEDULE – Books and Forms required to be kept in
Magistrates’ Courts.
______________________
SUMMARY JURISDICTION (MAGISTRATES)
MONEY REGULATIONS
made under section 75
I. ACCOUNTS
1. These Rules may be cited as the Summary
Jurisdiction (Magistrates) Money Regulations.
2. (1) All records of the courts are to be kept at the
court houses, and are not to be removed except with the
leave, first obtained, of the magistrate.
(2) All revenue shall be received at the court or at
the clerk’s office.
3. (1) Entries of all fines imposed, licences received,
and recognisances estreated, and other payments to the State,
ordered by the magistrate, shall be entered by the magistrate
and clerk in separate books, which shall be open to inspection
by the Accountant General, or by any officer authorized by
him in writing, or by an audit officer.
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Fines not paid
at the time
imposed.

Prisoners
committed to
prison in
default of
payment of
fine.
Fees and costs
to be paid in
money.
[Reg.
22/11/1937]
c. 3:05

No money to
be collected in
respect of free
process.
[Reg.
22/11/1937]
Receipts to be
made out for
all money
received.
[Reg.
22/11/1937]
Receipts to be
made out in
prescribed
forms.
[Reg. 22/11/
(2) In every case where the fine has not been paid
at the time Fines not imposed, the magistrate shall note the
reason of such non-payment against the entry of the fine in
his fine book, and the limit of time within which such fine is
to be paid.
(3) The magistrate shall every month compare with
his fine book the return forwarded to him by the prison
authorities in order that he may ascertain if all prisoners
committed to prison by him in default of payment of fines
have been duly lodged in prison.
II. PAYMENT OF FEES AND COSTS
4. In accordance with the provisions of section 71 of
the Summary Jurisdiction (Magistrates) Act, all fees and costs
shall be collected in money except where otherwise
specifically provided by any Act.
5. No money shall be collected in respect of any
document or instrument which is by law ordered to be free of
costs or in respect of any process issued free by the
magistrate. In all such cases the exemption from costs and the
reason for such exemption shall be noted by the magistrate on
such document, instrument or process.
6. Receipts shall be made out for all fees and costs
received at magistrate’s courts.
7. Receipts shall be made out on the prescribed forms
in triplicate copies the original of which shall be handed to
the payer and the duplicate attached to the case jacket or
process in respect of which the fees and costs have been paid.
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1937
17/1963]

Magistrates to
check
correctness of
fees and costs.
[Reg.
22/11/1937]

Procedure for
dealing with
case jackets.

Forms of case
jackets.
Forms A and
B.
c. 61:01
Summonses in
civil
proceedings.
c. 7:01
The triplicate copy shall be retained in the receipt book:
Provided that where the Minister responsible for finance
so directs, receipts shall be made out by mechanical means in
the form set out as Form 5A in the Appendix of the Summary
Jurisdiction (Civil Procedure) Rules. The portion of the said
form marked “A” shall be delivered to the payer and the
portion marked “B” shall be attached to the case jacket or
process in respect of which the fees and costs have been paid.
8. It shall be the duty of the magistrate to check the
correctness of the fees and costs as indicated by the duplicate
copy of the receipt attached to the case jacket or process in
respect of all matters coming before him.
III. CASE JACKETS
9. Case jackets shall be made out by an officer or
clerk of the court (except that in criminal cases it shall be
permissible for the police to make out the same where such
cases are instituted and prosecuted by the police) and no
alteration or erasure shall be made therein or in any filed
document except by the magistrate or by a duly authorised
officer or clerk of the court.
10. The outside jacket or cover of the proceedings in
every case, except distress warrants, and all process under the
Landlord and Tenant Act (issued under a special procedure
with special numbers) shall be in the Form A, for civil, and in
the Form B for criminal cases, which shall bear consecutive
numbers respectively.
11. Subject to the provisions of Part II of the
Summary Jurisdiction (Petty Debt) Act, summonses in civil
proceedings shall be made out in duplicate and one copy
thereof shall be filed in the case jacket with a copy of the
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Name of
magistrate to
appear on
duplicate
summonses.
Custody of
documents.

Responsibility
for case
jackets.

Responsibility
for cases called
on incorrect
days.
plaint.
12. Such filed copy need not be signed by the
magistrate personally but his name should be written thereon
by the clerk of the court, after the magistrate has signed the
summonses for service.
13. No case jacket, magistrate’s note book, or other
document of record shall be taken out of the court or allowed
out of the possession of the magistrate or the clerk having
charge of the same, nor shall any copy thereof be made or
extract taken therefrom except as provided by law.
14. The civil and criminal clerks shall be primarily
responsible for all civil and criminal case jackets respectively,
and shall be liable to pay all fees collectible on any case
jackets not accounted for by them. They shall before handing
over to any of the other clerks any case jackets, to be dealt
with in the ordinary course of business, obtain receipts for
same from such other clerk, and shall see that all case jackets
are in due course returned to them correctly, and if not so
correctly returned, they shall immediately report in writing to
the clerk of the court. Any clerk failing satisfactorily to
account for any case jacket handed over to him as aforesaid
shall be liable to pay all fees collectible thereon.
15. In every instance where a case through some
error, misunderstanding or other cause is called on, or carried
over to a day other than its correct date of hearing, the clerk
or clerks or bailiff incorrect days, responsible for the same
may be required to pay any or all costs occasioned thereby,
and may be further charged with dereliction of duty.

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Custody of
writs and
warrants.
Writs sent to
another
district.
[Reg. 18/1960]

Issue of writs
to bailiff by
clerk of the
court.

Action to be
recorded on
writs by bailiff.

Execution of
writs.

IV. RECEIPT AND RECOVERY OF MONEYS UNDER
WRITS OF EXECUTION OR DISTRESS WARRANTS
16. The clerk of the court shall be responsible for the
custody of all writs and warrants issued in his court, and shall
keep the same filed in numerical order and in a locked press.
17. (1) If a writ is sent for execution to another
district, the clerk of the court shall fill in the place to which
such writ has been sent and shall account for its absence by a
receipt from the clerk of the [Reg. district to which such writ
has been forwarded for execution.
(2) Any writ or warrant sent for execution to
another district or from one police station to another shall be
sent by registered post.
18. (1) The clerk of the court shall issue to the bailiff
each writ when the execution thereof is about to take place
and shall endorse thereon the date on which such writ is
issued. The bailiff shall forthwith take action on such writ and
immediately thereafter shall return the writ to the clerk
whether the writ has been satisfied or not.
(2) The bailiff shall endorse on the writ what action
has been taken on the writ, i.e., in the case of goods levied on,
the particulars of the levy, or, if cash is received, state the fact,
and if no effects, state this and the date of the return of the
writ.
(3)The bailiff shall not take longer than one week
in the process of execution after which time the writ must be
returned to the clerk of the court with the reason for its non-
execution stated thereon.

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Payment of
money to
suitors.
[Reg. 1/6/1931]

Records to be
kept by clerk
of the court.

Receipts from
suitors.

19. On no account shall the bailiff pay moneys to
suitors; this shall be done by the clerk to whom the bailiff will
pay the gross amount realised whether there is a surplus or
not.
20. (1) The clerk of the court shall keep separate
books to be called the clerk’s writ book, the clerk’s house rent
book, and the clerk’s distress warrant book, in which he shall
take receipts for all moneys paid out by him to suitors in
respect of distress warrants and writs, with the dates of such
payments, and shall enter in the respective books every writ
or warrant numbered consecutively year by year. The entries
shall show—
(a) the dates when the writs or warrants
are given out and returned, with such
short remarks as will show the result
of the bailiff’s action on the writ or
warrant;
(b) the amount recoverable;
(c) the date of judgement or order;
(d) any moneys received and paid to the
person or persons entitled thereto,
together with the date of such
payment, the receipts of such persons
being taken therein;
(e) the number of the writ or warrant and
names of the parties;
(2) To facilitate audit, the number of the receipt
from suitors when such a receipt is taken, shall be entered in
the distress warrant book, writ book, or house rent warrant
book for the purpose of reference.

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Withdrawal of
writs or
warrants.

Bailiff’s writ
and warrant
book.

Usage of
bailiff’s writ
and warrant
book.

Payment to
clerk by bailiff
on account of
writs or
warrants.

Check to be
made of
bailiff’s writ
and warrant
book by clerk
of the court.

21. When a writ or warrant is “withdrawn” a
certificate to that effect should be obtained, if possible, from
the party withdrawing, and such certificate shall be entered in
the writ or warrant book.
22. The bailiff shall keep a book to be called the
bailiff’s writ and warrant book, in which every writ or
warrant received by him from the clerk shall be entered.
23. This book shall show—
(a) the number of the writ or warrant (as
numbered by the clerk) and the
parties thereto;
(b) the amount thereof;
(c) the date of judgement or order;
(d) the dates of every receipt from or
return to the clerk thereof;
(e) what action has been taken—the same
as is necessary for him to endorse on
the writ or warrant (see rule 18(2)).
24. Where moneys are paid over to the clerk of the
court by the bailiff on account of writs or warrants, the writ
and warrant book kept by the bailiff shall be produced and
the clerk shall enter his acknowledgment of the receipt of the
money in the said books.
25. The clerk of the court shall check the bailiff’s writ
and warrant book at least once a month, and may at any time
call upon the bailiff to produce any writ or warrant whether
action has been taken on it and or not.

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Spent and
withdrawn
writs.

Cancellation of
entries of
spent writs in
clerk’s writ
book.
Action on
writs from
other districts.
26. (1) Every writ that is spent or those that are
cancelled or withdrawn or have been fully executed, shall be
cancelled by the magistrate in such a manner as to show at a
glance that such writs are no longer operative.
(2) The magistrate shall also cancel the entries of
such writs in the clerk’s writ book, by drawing his pen across
the entries and initialing and dating the same.
27. With regard to writs received from other districts
the following rules shall be carried out –
(a) The clerk of the court shall, without
delay, bring to the magistrate’s notice
any writ received by him from
another district.
(b) The magistrate shall initial the writ,
and the clerk, on his instruction, shall
give it to the bailiff for execution.
(c) The clerk, immediately on receipt of
the writ from another district, shall
acknowledge receipt of such writ.
(d) The return of the writ shall be brought
to the magistrate’s notice and he shall
satisfy himself that the writ is
properly returned to the district from
which it came, and that the proceeds
of the execution are duly paid over
and a receipt taken therefor.
(e) The writ received and dealt with shall
be entered in the clerk’s writ book in
accordance with the above rules, and
the clerk shall enter the date of the
receipt and return of the writ in the
bailiff’s writ and warrant book.
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Payment of
moneys paid
in under a
judgement
order or
otherwise.
(f) If the levy prove abortive, or if it is no
longer desired to have the writ
executed in the district to which it has
been sent, the writ shall be returned to
the district from which it came before
it can be executed in a third district.
(g) Writs shall not remain in the district
other than that where issued for a
longer period than one month.
V. MONEYS PAID INTO COURT UNDER A
JUDGEMENT ORDER OR OTHERWISE
28. Moneys paid into a court under a judgement
order or otherwise shall be paid out —
(a) to plaintiffs on production of the plain
filing voucher and to defendants on
production of the summons in the
action or on such other evidence of
their identity as shall be required by
the clerk of the court;
(b) it may be paid out to the barrister or
solicitor representing such party in
the action on production of a written
authority signed by the party to
whom the money is due or to which
his mark has been affixed in the
presence of two witnesses; or
(c) where the party to whom the money
is due resides out of the district he
may send to the clerk of the court by
post or otherwise the plaint filing
voucher (or in the case of a defendant
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Delivery of
summonses to
police for
service.

Books and
forms of
account.
the summons) and a receipt duly
stamped where necessary with a
request that the money may be
transmitted to him by post, and the
clerk of the court may then send by
registered post to such person a
crossed cheque or post office order for
the amount less the cost of the
remittance—but such remittance shall
be made in all respects at the risk of
the person at whose request it is
made.
VI. DELIVERY OF SUMMONSES TO POLICE FOR
SERVICE
29. All summonses delivered to the police for service
shall be listed by the clerk of the court and a receipt taken for
same from the member of the force to whom they are handed.
VII. BOOKS AND FORMS OF ACCOUNT
30. The books and forms mentioned in the Schedule
shall be the books and forms of account to be used in
magistrates’ courts.

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SCHEDULE
BOOKS AND FORMS REQUIRED TO BE KEPT IN
MAGISTRATES’ COURTS
1. Criminal Record Book A record of all criminal cases
adjudicated upon.
2. Civil Record Book A record of all civil cases adjudicated
upon.
3. General Cash Book A Day Book in which every cash
transaction is entered.
4. Magistrate’s Fine Book A record kept by magistrate of all
fines, etc., imposed. The entries should
be made at the time the fines are
imposed.
5. General Counterfoil Receipt
Book
From which receipts must be given
out for all moneys received by the
clerk.
6. Disbursement Receipt Book For costs and other moneys, other than
writs, paid out by the clerk of the court
to suitors; no counterfoils.
7. Writ Receipt Book In which receipts will be taken by the
clerk of the court from suitors for all
moneys paid out to them on account
of distress warrants or writs.
8. Clerk’s Distress Warrant
Book
9. Clerk’s Writ Book
10. Clerk’s House Rent Warrant
Book
11. Bailiff’s Writ and Warrant
Book
12. Licence Book A notification to the district
commissioner of licences paid.
13. Marriage of Indian Labour
Book
14. Clerk’s Fee Book
15. Clerk’s Register of Minutes Section 106 (1), Chapter c. 10:02.
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CIVIL PROCEDURE RULES
ARRANGEMENT OF RULES
RULE
PRELIMINARY
1. Citation.
2. (1) Interpretation.
(2) Meaning of expression, “the court or a magis-
trate”.
PART I
OFFICERS
3. The filing of documents delivered to the clerk.
4. Submission for signature, of all summonses, etc.
5. Delivery of summons and copy.
6. Copies of documents, how made.
7. Execution and service of warrants, writ, etc., to be
expeditious.
8. The return of service to summonses.
9. The return of “non-served” summonses.
10. The re-delivery of “non-served” summonses to the clerk
and the entry in a “non-served” list.
11. The making of appointment for the bailiff to execute
process.
12. Acknowledgment of payments and deposits.
13. Money received under process to be entered thereon
and be paid to clerk within 24 hours.

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PART II
PARTIES

I. Generally
1. Persons may be joined as plaintiffs who claim relief
jointly, severally, or in the alternative in respect of the
same transaction, when common question of law or fact
arises.
2. Action in name of wrong plaintiff.
3. Persons may be joined as defendants against whom
relief claimed jointly, severally, or in the alternative.
4. All defendants joined need not be interested in all the
relief asked for.
5. All or any of the persons liable under any one contract
may be joined.
6. Where plaintiff in doubt from whom he is entitled to
redress.
7. Where parties numerous, one or more may sue to be
sued, or defend for the benefit of all.
8. Where defendant desires to defend on behalf of others.
9. (1) Misjoinder or non-joinder of parties.
(2) Service of summons and copy of plaint on added
defendant.
10. Trustee, executors, and others may sue without
joining parties beneficially interested.
11. Change of defendant.
II. Person Under Disability
12. Infants.
13. Married women.
14. Lunatics and persons of unsound mind.
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15. Persons under disability, how consents can be given.
III. Partners
16. Co-partners may sue or be sued in the name of their
firm.
17. Application for names of firm in action by firm.
18. Where co-partner sue or are sued other than in the
name of their firm.
19. Where one person carries on business in name other
than his own.
PART III
JOINDER OF CAUSES OF ACTION
1. Joinder of causes of action generally.
2. Claims by or against husband and wife.
3. Claims by or against executor or administrator.
4. Joint and separate claims by plaintiff’s.
5. Separate hearings may be ordered.
PART IV
COMMENCEMENT OF ACTION
1. Actions to be commenced by plaint.
2. Where partners sue or partners or persons carrying on
business, etc., are sued in firm’s name.
3. Where registered company is defendant.
4. Capacity in which plaintiff sues or the defendant is
sued to be stated in plaint.
5. Particulars to be stated in plaint, etc., where assignee
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sues.
6. Infant to sue by next friend.
7. Liability of next friend for costs.
8. Infant commencing action without next friend, where
necessary.
9. Married woman suing.
10. Person of unsound mind suing.
PART V
THE PLAINT AND ITS CONTENTS
1. The plaint and its particulars.
2. Particulars of several causes of action.
3. Abandonment of excess of claim over $500.
4. Where defendant is a female.
5. Copies of plaint to be tendered.
6. Particulars in action by money lenders under the
Moneylenders Act.
7. Stated or settled account.
8. Claim against government.
9. Demand for further and better particulars.
10. Order for further and better particulars.
11. Plaintiff to deliver such particulars to all defendants.
12. Disallowance of costs for insufficient particulars.
13. Security for costs where plaintiff does not reside in
Guyana.
14. Person temporarily resident only may be required to
give security.
PART VI
PLAINT RECEIPT AND SUMMONS. SERVICE
1. Plaint receipt.
2. The summons to appear.
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3. Period between entry of plaint and return day.
4. (1) Amending the summons in case of non-service
from misstatement of particulars.
(2) The non-served list.
5. Successive summonses.
6. Where summons left at residence or last or most usual
place of abode or place of business of defendant and he
does not appear.
7. Procedure where court satisfied that service did not
reach knowledge of defendant.
8. Acceptance of service by counsel.
9. Service of infant.
10. Service on lunatic or person of unsound mind.
11. Service on partners.
12. Service where person carries on business in name other
than his own.
13. Return of service under rules 11 and 12 to state in what
capacity served.
14. Form of return or affidavit of service.
15. Where husband and wife are defendants.
16. Service where defendant is on board ship.
17. Service on worker residing in hostel, etc.
18. Service where defendant employed in mental hospital
or prison.
19. Service under the Mining Act.
20. Service on registered Friendly Society.
21. Service where violence threatened.
22. Service of summons on corporation, etc.
23. Judgment against defendant in default, reserving right
against other defendant in default or not.
24. Penalty for causing service on wrong person.

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PART VII
APPOINTMENT OF GUARDIANS ad litem TO INFANTS
OR PERSONS OF UNSOUND MIND

1. Appointment of guardian ad litem to defendant
appearing on face of proceedings to be an infant or
person of unsound mind. (1) Time for making
appointment of guardian ad litem.
2. Appointment of guardian ad litem to defendant
ascertained to be an infant or a person of unsound
mind.
3. Entry of appointment on summons, etc.
4. Limitation of liability of guardian for costs.
5. Power to set aside judgment against infant or person of
unsound mind where no guardian appointed.
6. Guardian ad litem with reference to proceedings under
judgment or order.
PART VIII
CONSOLIDATION OF ACTIONS OR STAY OF
PROCEEDINGS
Transfers
1. Consolidation of separate actions which may have been
joined in one.
2. Stay of actions for same cause against several
defendants till judgment given in selected action.
3. Applications under preceding rules.
4. Court may impose terms.
5. Where judgment in favour of defendant in selected
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action.
6. Where judgment given against defendant in selected
action.
7. Stay of actions for same cause against several
defendants till judgment given in selected action.
8. Transfer of actions commenced in different courts.
9. Procedure when application for transfer is applied for.
10. Order as to costs on transfer.
11. Transmission of the proceedings to court to which
transfer is made.
12. Costs of transfer.
PART IX
DISCONTINUANCE, CONFESSION, ADMISSION, AND
PAYMENT INTO OR OUT OF COURT
1. Discontinuance of action or withdrawal of part of claim.
2. Stay of subsequent action till costs of action
discontinued or claim withdrawn are paid.
3. (1) Defendant’s admission of liability in whole or in
part of claim but disputing the time or mode of
payment.
(2) Authentication and service of such admission.
4. Notice of such admission to plaintiff.
5. Plaintiff’s election to accept admitted amount and offer
of payment.
6. Entry of judgment in case of acceptance under last
preceding rule.
7. Plaintiff’s objection to mode of payment.
8. Plaintiff’s objection to the amount admitted and the
offer of payment.
9. Procedure where plaintiff objects to both amount
admitted and offer of payment; or to time and mode of
payment only.
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10. Penalty for failure to give required notice.
11. Admission by letter addressed to court.
12. Agreement as to amount of debt and terms of payment.
13. Agreement as to amount of costs.
14. Entering judgment thereon.
15. Admission of truth of plaintiff’s statement.
16. Admission by any party.
17. Notice to admit specific facts.
18. Evidence of admissions.
19. Payment into court without a denial of liability.
20. Payment into court with a denial of liability.
21. Clerk’s notice to plaintiff of payment into court with
denial of liability.
22. Payment into court at time less than two clear days
before the return day.
23. Plaintiff’s right to proceed in case of payment in less
than two clear days or without costs.
24. Acceptance of amount paid in satisfaction of claim.
25. Provisions as to costs on payment into court without
denial of liability.
26. Provisions as to costs on payment into court with a
defence of tender.
27. Payment into court by one or some of several
defendants sued jointly.
28. Payment by plaintiff in answer to counter-claim.
29. Fees and costs in payment of amount admitted after
deducting set-off or counter-claim.
30. Money paid in with denial of liability.
31. Payment to plaintiff instead of into court.
32. Discretion of court as to costs when money paid into
court less than two days.
33. Payment out of court.
34. Settlement, compromise or discharge in case of an
infant or person of unsound mind.

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PART X
DEFENCE AND COUNTER-CLAIM
1. Particulars of the grounds of defence.
2. Further and better particulars of the grounds of
defence.
3. The particulars in cases of defences of —
(1) Infancy.
(2) Coverture.
(3) Statute.
(4) Tender.
(5) Void or voidable transaction.
(6) Condition precedent unperformed.
(7) Contract.
4. General denial insufficient.
5. Specific denials necessary in actions.
(1) Upon bills of exchange.
(2) For goods bargained and sold, etc.
(3) For money received to use of plaintiff.
(4) For money paid at defendant’s request.
(5) Instituted by personal representative, etc.
6. Denial as to damages unnecessary.
7. Statement in lieu of particulars of grounds of defence.
8. Where plaintiff sues on behalf of others.
9. Special defences.
10. Power to permit defendant to plead special defence
although he has not given the prescribed notice.
11. Mode of communicating the prescribed notice.
12. Payment into court with defence of tender.
13. Set-off and counter-claim.
14. Misjoinder of plaintiff not to defeat counter-claim.
15. Particulars of counter-claim.

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16. Fees to be paid on counter-claim.
17. Particulars of defence to counter-claim.
18. Where counter-claim affects other persons.
19. Counter-claim may be proceeded with although action
discontinued, etc.
20. Power to enter judgment for balance between claim
and counter-claim.
21. Payment into court with respect to counter-claim.
22. Defences to counter-claim.
PART XI
THIRD-PARTY PROCEDURE

1. Third-party notice.
2. Application for leave.
3. Form and issue of notice.
4. Effect of notice.
5. At hearing.
6. Co-defendant’s third-party procedure.
7. Costs.
8. Counter-claim.
PART XII
APPLICATIONS, INTERLOCUTORY PROCEEDINGS,
AND APPEALS
1. Mode of making applications generally.
2. Postponement of hearing on account of interlocutory
application.
3. (1) Application for order that loss of Bill shall not be set
up.
(3) Form of the indemnity.
4. Dancing licences, etc.
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5. Proof of compliance with law.
6. Special licence.
7. Notice to police of application for special licence.
8. Filing of copy of licence.
9. Registration of club.
10. Proof of compliance with law.
11. Filing of copies.
12. Divorce proceedings under Indian Labour Act.
13. Applications affecting Immigrants’ property.
14. Application for compensation under the Acquisition
of Lands for Public Purposes Act.
15. Application for inserting baptismal name or for
correcting entry in Register.
16. Mode of application.
17. Application to inspect Banker’s Books.
18. The Friendly Societies Act, settlement of disputes.
19. Application for relief or other order.
20. Appeal against appraisement of property in village and
country districts.
21. Appeal from appraisement under Tax Act.
22. Costs to be awarded in terms of Schedule to the Act.
23. Viva voce evidence.
24. Defence based on right to be relieved of a prima facie
case of liability.
25. Order for sale of perishable articles, etc.
26. Order for detention, preservation, etc.
27. Penalty for neglect or refusal to obey or for obstructing
execution of order.
28. Power to examine witnesses on any application.
PART XIII
AMENDMENT
1. Where party wrongly sues or is sued in representative
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character.
2. Where party wrongly sues or is sued in his own right.
3. Insufficient name or description of a plaintiff or
defendant.
4. Where all defendants have not been served.
5. Abandonment of part of claim. Amendment or
particulars. Costs.
6. Amendment of particulars where plaintiff is entitled to
more than amount claimed.
7. Clerical mistakes and accidental omissions.
PART XIV
DISCOVERY AND INSPECTION
1. Discovery of documents.
2. Objection to discover documents.
3. Order for production of particular document or
documents.
4. Inspection of documents referred to in particulars,
notices, or affidavits.
5. Notice under preceding rule.
6. Notice fixing time for inspection of documents pursuant
to notice to produce documents.
7. Order for inspection.
8. (1) Verified copies.
(2) Privilege.
9. Inquiry as to present or past possession of specified
documents.
10. Non-compliance with order.
11. Penalty for non-compliance with order.
12. Security for costs of discovery.
13. Notice of payment into court of costs of discovery or of
dispensing therewith.
14. Payment out of costs paid in on application to discover
documents.
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15. Costs lodged on application to discover to be repaid to
party lodging same, unless he is ordered to pay costs of
discovery.
16. Order to apply to infants.
PART XV
CHANGE OF PARTIES
1. When action not to abate.
2. Proceedings on change of plaintiff’s title before
judgment.
3. Notification of change of plaintiff’s title before
judgment to the defendant.
4. Provision for cases where change affects more actions
than one.
5. Proceedings on change of defendant’s title.
6. Copy of summons to be served on proposed defendant
in certain cases.
7. Change or transmission of interest.
8. Notice of order of change or transmission of interest.
9. Application to discharge or vary order by person not
already a party.
10. Where person entitled to proceed on death of plaintiff
or defendant fails to do so.
11. Alteration of records on change of parties.
PART XVI
ARBITRATION
1. Form of application for arbitration.
2. Form of order for arbitration.
3. Appointment of umpire.
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4. Filling up the place of arbitrator or umpire who shall
die, etc.
5. Form of award.
6. Powers of the arbitrators or umpire.
7. Reservation of question of law by court or magistrate.
8. Compelling attendance of witnesses.
9. Remuneration of arbitrators and umpire.
PART XVII
EVIDENCE, HEARING, JUDGMENT
1. Power to order particular facts to be proved by
affidavit, or witness to be examined by examiner.
2. Notice to inspect and admit document proposed to be
put in evidence.
3. Notice to admit or produce.
4. Costs of notice to admit or produce.
5. Documents produced from proper custody to be read
without proof unless objected to.
6. Examination of witnesses before trial.
7. Order under Pawnbroking Act.
8. Affidavits to be expressed in the first person.
9. Sources of knowledge to be stated.
10. Costs of affidavit of unnecessary matter.
11. Affidavits, how to be intituled.
12. Affidavit to show on whose behalf filed.
13. Costs of affidavits when disallowed.
14. Form of jurat when there are several deponents.
15. Filing of affidavits.
16. Affidavits not to be filed if sworn before party’s
solicitor.
17. Erasure, blotting, interlineation, etc., in affidavits.
18. Illiterate or blind deponent.
19. Use of defective affidavit.
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20. Affidavits of service.
21. Inspection of property by the court or magistrate and
the costs thereof.
22. Hearing of action.
23. (1) No evidence of facts admitted.
(2) The defendant to begin in certain cases.
24. Application for judgment.
25. Points of law may be raised on the proceedings.
26. Dismissal of action.
27. Striking out of plaint or giving judgment against
defendant where no reasonable cause of action or
answer disclosed.
28. Consent to judgment.
29. Power to proceed ex parte.
30. Procedure for obtaining judgment ex parte.
31. Judgment payable by instalments.
32. Order suspending judgment, etc.
33. Judgment for specific performance.
34. Form of judgment against married woman.
35. Drawing up of judgments or orders.
36. Court may direct judgment or order to be drawn up.
PART XVIII
SPECIAL CASE
1. Special case by consent.
2. Special case by order before hearing.
3. Submission of questions of law to judge in Workmen’s
Compensation cases.
4. Special case to be typewritten.

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PART XIX
COSTS
1. Taxation of costs.
2. Disallowance of costs for improper or vexatious or
unnecessary proceeding.
3. Proceeding when costs disallowed.
4. Costs of discovery of documents.
5. Allowances to witnesses.
6. Special allowance for hotel expenses.
7. Apportionment of allowance to witnesses.
8. Allowance to witnesses not examined.
9. Costs connected with plans, etc.
10. Costs for qualifying to give evidence.
PART XX
NEW HEARING
1. Application for new hearing.
2. New hearing on particular question.
3. Restoration of action or matter struck out.
4. Application for new hearing.
5. Mode of making application.
6. Affidavit in support.
7. Application for new hearing not a stay of execution.
PART XXI
EXECUTION
1. Execution on judgment against a firm.
2. Withdrawal of execution by execution creditor.
3. Costs of writs.
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4. Inventory and notice of sale of goods levied under
execution.
5. Account of sale under execution.
6. Stay in proceedings issued without leave after
administration order.
7. Execution for delivery of goods.
8. Penalty for disobeying order of the court or a
magistrate for delivery of goods.
9. Writs of delivery.
10. Application for leave to issue process on change of
parties after judgment, etc.
11. Deceased’s property bound by execution.
12. Landlord’s claim.
13. Debtor’s interest in lease.
14. Garnishee proceedings.
15. Discretion to withhold attachment in case of hardship.
16. Mode of enforcing payment by garnishee.
17. Discharge of garnishee.
18. Payment into court.
19. Costs of garnishee proceedings.
PART XXII
INTERPLEADER
1. Stake-holder’s interpleader.
2. Application a plaint.
3. The feigned issue between the parties.
4. Bailiff’s interpleader.
5. Notice by execution creditor of admission of claim or to
withdraw from possession.
6. Execution creditor’s admission of claimant’s title.
7. The nature of the claim in certain events.
8. Claim for damages may be made.
9. The security for the value of the goods.
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10. Summary disposal of interpleader claim.
11. Question of law.
12. Sale of goods claimed under bill of sale or otherwise.
PART XXIII
PROCEEDINGS BY AND AGAINST EXECUTORS AND
ADMINISTRATORS
1. Costs where executor or administrator plaintiff fails.
2. Non-appearance of executor or administrator plaintiff
or defendant.
3. Form of judgment where executor or administrator
defendant does not appear or appears and admits his
character and plaintiff’s demand.
4. Form of judgment where executor or administrator
defendant admits his character, but denies plaintiff’s
demand.
5. Form of judgment where such a defendant admits his
character, denies the demand, and alleges an
administration of assets.
6. Form of judgment where such a defendant admits his
character, denies the demand, alleges administration
and plaintiff proves the demand, etc.
7. Form of judgment where such a defendant admits his
character and plaintiff’s demand, alleges adminis-
tration but fails to prove it.
8. Form of judgment where such a defendant admits his
character and plaintiff’s demand, alleges adminis-
tration and proves it.
9. Form of judgment to levy upon assets, quando acciderint.
10. Executor or administrator required to pay sum of
money into court in certain circumstances.
11. Plaintiff’s costs where executor or administrator fails as
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to any of his defences.
12. Forms of judgment against executor or administrator
in various circumstances.

PART XXIV
JUDGMENT SUMMONS

1. Judgment summons to be served personally.
2. Praecipe to be accompanied by affidavit proving facts
showing prima facie ability to pay debt.
3. Form of judgment summons.
4. Mode of serving judgment summons.
5. Time for appeal to expire.
6. Judgment summons against a firm.
7. Judgment summons issuing out of court other than that
in which judgment was obtained.
8. Procedure in case of proceedings in court other than
court in which judgment obtained.
9. Memorandum of result to be sent to court in which
judgment obtained.
10. Witnesses and their expenses.
11. Orders which may be made.
12. Proof of means to pay instalment.
13. Suspending the order of commitment.
14. Date, duration and extension of warrant of commitment.
15. All costs to accumulate.
16. Fee to counsel.
17. Payment to bailiff before delivery into custody.
18. Payment to gaoler after delivery into custody.
19. Judgment debtor made insolvent after proceedings
taken by judgment summons

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PART XXV
CLAIM FOR RENT, REPLEVIN, AND RECOVERY OF
TENEMENTS

1. Landlord’s claim for rent.
2. Replevy proceedings.
3. Satisfaction of judgment where rent and deposit for
security made.
4. Satisfaction of judgment where recognisance entered
into.
5. Safeguarding tenants’ growing crops.
PART XXVI
SECURITY
1. Security by bond, etc.
2. Affidavit of sufficiency.
3. Execution of bond.
4. Deposit in lieu of bond, etc.
5. Bond to be deposited.
6. Disposal of bond.
PART XXVII
GENERAL AND MISCELLANEOUS PROVISIONS
1. Fugee warrant.
2. Authority to represent parties.
3. Reference of account to clerk.
4. Imposition of fine for non-appearance, etc., of wit-
ness.
5. Committal for contempt of court.
6. (1) Applications for issue of process to be in writing.
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(2) The process to be prepared by party requiring it.
7. (1) Party may act by counsel or agent.
(2) Address for service.
(3) Service of interlocutory proceedings.
8. Alternative service on party.
9. Enlargement of time prescribed by the rules.
10. Furnishing copies of documents.
11. Notices to be in writing.
12. Proceedings to be in proper form.
13. Alleging notice of any fact, etc.
14. Lost documents.
15. Proceedings in rem.
16. Non-compliance with rules.
17. Application to set aside proceedings.
APPENDIX—Forms.
___________________

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R. 20/7/
1939
7/1963

Citation.

Interpretation.

c. 7:01
SUMMARY JURISDICTION (CIVIL PROCEDURE)
RULES
made under section 78
CIVIL PROCEDURE
1. These Rules may be cited as the Summary
Jurisdiction (Civil Procedure) Rules.
PRELIMINARY
2. (1) In these Rules—
‚action‛ means every proceeding in the court which may be
commenced by plaint under section 8 of the Summary
Jurisdiction (Petty Debt) Act or under any Act, or under
these Rules;
‚authorised process-server‛ with reference to the service of
any summons of the court means any person who has
authority or who may be authorised, to serve summonses
under the Act;
‚bailiff‛ means any bailiff appointed under the Act;
‚clerk‛ means any clerk of the court appointed under the Act
or any person performing the duties of the clerk;
‚court‛ means a magistrate’s court established in a district by
virtue of the Act;
‚day of hearing‛ means the day which the court or a
magistrate, subject to the provisions of the Act, appoints
for the hearing of the action or matter;
‚execution creditor‛ means a judgement creditor in whose
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favour a writ of execution or other process to enforce a
judgement or order has been issued or taken;
‚execution debtor‛ means a judgement debtor against whom
a writ of execution or other process to enforce a
judgement or order has been issued or taken;
‚form‛ means Form in the Appendix;
‚judge‛ means a judge of the High Court;
‚judgement‛ means the final decision of the court in any
action;
‚judgement creditor‛ means the person in whose favour any
judgement or order is enforceable and includes the legal
personal representative or assignee of that person;
‚judgement debtor‛ means the person against whom any
judgement or order is enforceable and includes the legal
personal representative of that person;
‚magistrate‛ means a magistrate appointed under the Act;
‚matter‛ means every proceeding in the court which may be
commenced as prescribed otherwise than by plaint;
‚month‛ means calendar month;
‚order‛ means the final decision of the court or a magistrate
and also any decision of the court other than a final
decision in any action and includes the decision of a
magistrate in any interlocutory application;
‚Registrar‛ means the Registrar of the Supreme Court;
‚return day‛ means the original day appointed in any
summons or other proceeding for the appearance of the
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Meaning of
expression "the
court or a
magistrate".

c. 7:01

The filing of
documents
delivered to
the clerk.
defendant, or any other day originally fixed for the
hearing of any action or matter;
‚Schedule to the Act‛ includes any tables of fees and costs or
any of them in the Schedule for the time being in force
under section 70 of the Act;
(2) Whenever in these Rules it is provided that
any jurisdiction, authority or power may be exercised by ‚the
court or a magistrate‛ the same may be exercised and
performed either by a magistrate sitting in chambers or in
open court and for the purpose of exercising such jurisdiction
‚the court‛ shall mean the magistrate sitting in open court,
and ‚the magistrate‛ shall mean the magistrate sitting in
chambers.
(3) The terms defined in section 2 of the Summary
Jurisdiction (Petty Debt) Act shall have the same meanings in
these Rules as in that Act.
PART I
OFFICERS
1. (1) The clerk shall file in the proper jackets all
documents delivered to him in any action or matter, and shall
identify every such jacket by the corresponding number of the
cause entered in the Record Book of Causes and all
documents so filed shall be distinguished from one another by
a distinctive letter of the alphabet and a note thereof shall be
made on the case jacket.
(2) The clerk shall preserve all such jackets in a
suitable locked press when they are not in use, and he shall
not permit any jackets to remain outside such press overnight
or to be at any time within the reach or in the custody of any
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Submission for
signature, of
all summonses,
etc.

Delivery of
summons and
copy.

person except a person having lawful business therewith.
2. (1) The clerk shall submit, or cause to be submitted,
for the signature of the magistrate all summonses, warrants,
orders, judgments, writs, or other process forthwith after the
plaints are entered or the summonses, warrants, orders,
judgments, writs, or other process are applied for.
(2) The accuracy of all warrants, writs, orders of
committal and other documents for signature shall be
vouched by the clerk himself or by some subordinate officer
whom the clerk may delegate to check and vouch the same,
and the clerk or such officer shall initial the process at the top
on the right-hand side thereof prior to the signature of the
magistrate being sought on any such process.
(3) The clerk shall require the proper party to lodge
with him as many copies of a summons, warrant, order, or
notice as shall be necessary to give effect to any written law
regulating the service of process of the court, and where by
these rules any plaint, counter-claim or particulars are
required in connection with any summons he shall see that a
copy of such plaint, counter-claim or particulars is annexed to
every copy of such summons. Such plaint, counter-claim or
particulars shall be deemed to be part of the summons.
3. The clerk shall deliver to the head bailiff where
there exists more Delivery of than one bailiff, or where there is
only one bailiff to that bailiff or to an authorised process-
server, all summonses together with an adequate number of
copies thereof for effecting service, and the head or other
bailiff deputed by him or the process-server shall in manner
prescribed by law serve all summonses so delivered to him
and shall make due return thereof in the proper form in
accordance with any provisions for the time being in force
relating to service of summonses.

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Execution of
warrants, writs,
orders, etc., by
bailiff.

Copies of
documents,
how made.

c. 3:04

Execution and
service of
warrants,
writs, etc., to be
expeditious.


The return of
service to
summonses.
c. 7:01
4. The clerk shall deliver to the head bailiff, where
there exists more than one bailiff, or where there is only one
bailiff to that bailiff, all warrants, writs, or other process for
the execution of the judgement or order of the court, and the
head or other bailiff deputed by him shall in the manner
prescribed by law levy or effect execution as directed by any
such warrant, writ, or other process and in accordance with
any provisions for the time being in force relating thereto.
5. Subject to these Rules, copies of all minutes of
evidence, proceedings, or documents in the custody of the
court or its officers shall be prepared by the clerk for any
party entitled to receive the same, upon pre-payment of the
costs of such copies. A copy of any minutes of evidence,
proceedings, or record in a case heard before the court, other
than a copy thereof required to be transmitted to the Registrar
under the Summary Jurisdiction (Appeals) Act, shall not be
given off to any person except with the consent of the
magistrate.
6. The bailiff or other authorised process-server shall
execute or serve as expeditiously as possible, every warrant,
writ, order, summons or other process which he is by law
authorised to execute or serve and which has been delivered
to him by the clerk or the head bailiff for that purpose
7. (1) If the service of a summons has been personal,
the bailiff or other authorised process-server who served the
same shall make return of the fact of such service in the
manner prescribed by any law.
(2) If the service has not been personal, he shall
deliver to the clerk the return of service of every summons
which has been served, and also the summons when not
served as well as all endorsed copies of non-served
summonses, and make such a return by the prescribed form
as will disclose that section 11 of the Summary Jurisdiction
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The return of
"non- served"
summonses.

The redelivery
of "non-
served"
summonses to
the clerk and
the entry in a
"non- served"
list.

The making of
appointment
for the bailiff to
(Petty Debt) Act has been complied with.
(3) In every case of service of a summons, the
bailiff or other authorised process-server shall state in the
return the time and place where service was effected.
8. If the summons has not been served, the bailiff or
other authorised process-server shall endorse on a copy
thereof the reason for the non- service; and the endorsement
shall be signed by the bailiff or other authorised process-
server.
9. (1) The bailiff or other authorised process-server
shall deliver to the clerk the return of service of every
summons which has been served, and also the summons
when not served as well as all endorsed copies of non-served
summonses, and all returns of service, non-served
summonses and endorsed copies thereof shall be filed by the
clerk in the proper jacket, unless the return day has been
extended by the magistrate.
(2) The clerk shall enter into a ‚non-served list‛ all
summonses which from any cause whatsoever have not been
served upon the defendant and the reason for the summons
not being served shall be stated in the list.
(3) When a summons has been entered into the
‚non-served list‛ no further steps shall be taken to serve the
same unless the party at whose instance the summons was
issued makes satisfactory arrangements with the clerk for
effecting service, and if the clerk is satisfied that there is
reasonable likelihood of service of the summons being
effected he may again deliver the summons to the bailiff or
other authorised process-server for service.
10. Every person desiring the execution of a writ,
warrant, order, The making or other process of the court shall
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execute
process.



Acknowledg-
ment of
payments and
deposits.

Money
received
process to be
entered thereon
And to be paid
to clerk within
24 hours.
Persons may
be joined as
plaintiffs who
claim relief
apply to the head bailiff in the Georgetown Magisterial
District, and elsewhere to the clerk, for an appointment with
a bailiff, and the head bailiff or clerk shall fix a day for the
execution of that process and shall enter or cause to be entered
in a Bailiff’s Appointment Book, the hour, day, month, and
year of the application, the names of the parties to the process,
the name of the applicant, the date of the appointment, the
hour when the bailiff left office to keep that appointment and
the hour of his return to office. The bailiff detailed to execute
any such process shall himself enter in the appropriate
column of that book the result of his visit and any other
remark which may be proper.
11. Whenever money is paid into or deposited in
court, whether before or after judgement, an acknowledgment
in writing of such payment or deposit shall be given by the
clerk.
12. Every bailiff levying or receiving any money by
virtue of the process of the court shall forthwith enter in ink
on the face of the process, at the foot or in the margin thereof,
the amount levied or received, and shall sign the entry, and
shall, within twenty-four hours of the receipt of such money,
pay over the same to the clerk who shall endorse on the
process a memorandum of having received the same.
PART II
PARTIES
I. Generally
1. All persons may be joined as plaintiffs in one
action in whom any right to relief in respect of or arising out
of the same transaction or series of transactions is alleged to
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jointly severally,
or in the
alternative in
the respect of
the same
transaction,
when common
question of law
or fact arises.


Action in name
of wrong
plaintiff.

Person may be
joined as
defendants
against whom
relief claimed
jointly,
severally, or in
the alternative.
All defendants
joined need not
be interested in
all the relief
asked for.
exist, whether jointly, severally, or in the alternative, where, if
such person brought separate actions, any common question
of law or fact would arise:
Provided that if upon the application of any defendant it
appears in respect of that such joinder may embarrass or
delay the hearing, the court or a magistrate may order
separate hearings or make such other order as when may be
expedient. And judgement may be given for such one or more
of the plaintiffs as may be found to be entitled to relief, for
such relief as he or they may be entitled to, without any
amendment. But the defendant though unsuccessful, shall be
entitled to his costs occasioned by so joining any person who
shall not be found entitled to relief, unless the court or a
magistrate in disposing of the case shall otherwise direct.
2. Where an action or matter has been commenced in
the name of the wrong person as plaintiff or otherwise, or
where it is doubtful whether it has commenced in the name of
the right person, the court or the magistrate may, if satisfied
that it has been so commenced through a bona fide mistake, and
that it is necessary for the determination of the real matter in
dispute so to do, order any other person to be substituted or
added as plaintiff or otherwise upon such terms as may be
just.
3. All persons may be joined as defendants against
whom the right to any relief is alleged to exist, whether
jointly, severally, or in the alternative and judgement may be
given against such one or more of the defendants as may be
found to be liable, according to their respective liabilities,
without any amendment.
4. It shall not be necessary that every defendant shall
be interested as to all the relief prayed for, or as to every cause
of action included in any proceeding against him; but the
court or a magistrate may make such order as may appear just
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All or any of
the persons
liable under
any one
contract may be
joined.
Where plaintiff
in doubt from
whom he is
entitled to
redress.

Where parties
numerous, one
or more may
sue or be sued,
or defend for
the benefit of
all.
Where
defendant
desires to
defend on
behalf of others.

Form 1.

Form 2.
to prevent any defendant from being embarrassed or put to
expense by being required to attend any proceedings in which
he may have no interest.
5. The plaintiff may, at his option, join as parties to
the same action all or any of the persons severally, or jointly
and severally, liable on any one contract, including parties to
bills of exchange and promissory notes.
6. Where the plaintiff is in doubt as to the person
from whom he is entitled to redress, he may join two or more
defendants, to the intent that the question as to which, if any,
of the defendants is liable, and to what extent, may be
determined as between all parties.
7. Where there are numerous persons having the
same interest in one action or matter, one or more of such
persons may sue or be sued, or may be authorised by the
court or magistrate before or at the trial, to defend in such
action or matter, on behalf or for the benefit of all parties so
interested
8. When a defendant desires to defend on behalf or
for the benefit of others having the same interest, he shall
apply to the court or a magistrate for leave so to defend, on an
affidavit of the facts upon which he relies to obtain such leave,
together with the names, addresses, and occupations of such
persons; and the court may thereupon make an order for the
defendant so to defend, and the names of the persons as to
whom such order is made shall be added to that defendant, in
the plaint, Record Book of Causes, and other proceedings; and
a copy of such order, with a copy of the summons particulars
in the action, and a notice in Form 1, shall be served
personally upon each of such persons, and a notice shall be
sent to the plaintiff in accordance with Form 2:

Provided that the plaintiff or any of the persons whose
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Misjoiner or
non-joinder of
parties.

Service of
summons and
copy of plaint
on added
defendant.
names have been so added may at the hearing object to the
defendant defending on behalf of all or any of the persons as
to whom such order has been made, and the court or a
magistrate may thereupon, if it or he thinks fit, strike the
names of all or any of such persons out of the proceedings,
and order the defendant to pay such costs as it or he may
think fit.
9. (1) No action or matter shall be defeated by reason
of the misjoinder or non-joinder of parties, and the court may
in every action or matter deal with the matter in controversy
so far as regards the rights and interests of the parties actually
before it. The court or a magistrate may, at any stage of the
proceedings, either upon or without the application of either
party, and on such terms as may be just, order that the names
of any parties improperly joined, whether as plaintiffs or
defendants, be struck out, and that the names of any parties
whether as plaintiffs or defendants, who ought to have been
joined, or whose presence before the court may be necessary
in order to enable the court effectually and completely to
adjudicate upon and settle all the questions involved in the
action or matter, be added. No person shall be added as a
plaintiff suing without a next friend, or as the next friend of a
plaintiff under any disability, without his own consent in
writing thereto. Every person whose name is so added as
defendant shall be served with a summons together with a
copy of the plaint annexed, and a copy of every document
filed in the proceedings up to the date of service which may
affect him, and the proceedings against such person shall be
deemed to have begun only on the service of such summons.
(2) Where a defendant or defendants are added,
the plaintiff, Service of shall, unless otherwise ordered by the
court or a magistrate, leave with the clerk a sufficient number
of copies of the plaint amended as directed by the court or a
magistrate and of copies of every document filed in the
proceedings up to the date of service which may affect the
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Trustees,
executors, and
others may sue
or be sued
without joining
parties
beneficially
interested.
Change of
defendant

Infants.
c. 7:01

Married
women.
c. 45:04
Lunatics and
persons of
unsound mind.
added defendant or defendants for service upon the added
defendant or defendants and for the return of such service,
and service shall be effected in the same manner as service
may lawfully be effected on an original defendant.
10. Trustees, executors, and administrators may sue
and be sued on behalf of or as representing the property or
estate of which they are trustees or representatives, without
joining any of the persons beneficially interested in the trust
or estate, and shall be considered as representing such
persons.
11. Where a person other than the defendant appears
at the hearing and admits that he is the person whom the
plaintiff intended to charge, or ought to have charged, his
name may be substituted for that of the defendant, if the
plaintiff consents; and thereupon the action shall proceed in
all respects as if such person had been originally named in the
summons; and the costs of the person originally named as
defendant shall be in the discretion of the court.
II. Persons Under Disability
12. Infants may sue as plaintiffs by their next friends
and may defend by their guardians appointed for that
purpose; but nothing herein contained shall affect the right of
any infant to sue as if he were of full age in the cases
enumerated in section 6 of the Summary Jurisdiction (Petty
Debt) Act.
13. Married women may sue and be sued as
provided by the Married Persons (Property) Act.
14. Lunatics or persons of unsound mind not so
found by inquisition may respectively sue as plaintiffs in any
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Persons under
disability, how
consents can be
given.

Co-partners
may sue or be
sued in the
name of their
firm.

action by their committees or next friends, and may in like
manner defend any action by their committees or guardians
appointed for that purpose.
15. In any action or matter to which an infant or
person of an unsound mind, whether so found by inquisition
or not, or person under any other disability, is a party. Any
consent as to the mode of taking evidence or as to any other
procedure given by the next friend, guardian committee or
any other person acting on behalf of the person under
disability shall, with the consent of the court, have the same
force and effect as if such party were under no disability and
had given such consent:
Provided that no such consent by any committee of the
lunatic shall be valid as between him and the lunatic unless
given with the sanction of the High Court.
III. Partners
16. (1) Any two or more persons claiming or being
liable as Co-partners, and carrying on business within
Guyana, may sue or may be sued in the names of the
respective firms, if any, in which such persons were co-
partners at the time of the accruing of the cause of action.
(2) Where the plaintiffs sue or the defendants are
sued in the name of their firm in accordance with this rule, the
plaint and all subsequent proceedings shall state that the
plaintiffs are suing or the defendants sued as a firm.
(3) In any such case, on application by any party to
the action, the court or a magistrate may order that a
statement of the names and places of residence of the persons
who were at the time of the accruing of the cause of action co-
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Application for
names of firm
in action by
firm.


Where co-
partners sue or
are sued other
than in the
name of their
firm.

Where one
person carries
on business in
name other
than his own.
partners in any such firm be furnished in such manner, and
verified on oath or otherwise, as the court or a magistrate may
direct.
17. Where an action is brought by partners in the
name of their firm, the plaintiffs shall, on demand made in
writing by or on behalf of any defendant, forthwith send by
post to the defendant so applying and to the clerk the names
and places of residence of all the persons constituting the firm
on whose behalf the action is brought. And if the plaintiffs
shall fail to comply with such demand, all proceedings in the
action may, upon an application for that purpose, be stayed
upon such terms as the court or a magistrate may direct, or
the court at the hearing may adjourn the hearing on such
terms as it may think fit. And when the names of the partners
are so declared, the action shall proceed in the same manner
and the same consequences in all respects shall follow as if
they had been named as the plaintiffs in the plaint. But the
proceedings shall, nevertheless, continue in the name of the
firm.
18. Where an action is brought by or against any two
or more named persons claiming or being liable as co-
partners, and carrying on business in Guyana, such action
shall not be deemed to be an action in the name of the firm
within the meaning of these Rules, unless the plaintiffs sue or
the defendants are sued in the name of their firm, and are
stated to be suing or to be sued as a firm, but shall be deemed
to be an action by or against the individuals named as
plaintiffs or defendants; and service shall be effected,
judgement entered, and execution issued accordingly.
19. Any person carrying on business in a name or
style other than his own name may sue or be sued in such
name or style as if it were a firm name; and so far as the
nature of the case will permit, all the provisions of this Part
relating to proceedings against firms shall apply.
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Joinder of
causes of action
generally.

Claims by or
against
husband and
wife.
Claims by or
against
executor or
administrator.

Joint and
separate
claims by
plaintiffs.
Separate
hearings may
be ordered.
PART III
JOINDER OF CAUSES OF ACTION
1. A plaintiff may unite in the same action several
causes of action without leave of the court:
Provided that the total amount claimed does not exceed
the sum which may be recovered in the court.
2. Claims by or against husband and wife may be
joined with claims by or against either of them separately.
3. Claims by or against an executor or administrator
as such may be joined with claims by or against him
personally, provided the last mentioned claims are alleged to
arise with reference to the estate in respect of which the
plaintiff or defendant sues or is sued as executor or
administrator.
4. Claims by plaintiffs jointly may be joined with
claims by them or any of them separately against the same
defendant.
5. If at any time it appears or is made to appear to the
court or a magistrate that any causes of action united or
claims joined in any action cannot be conveniently heard and
disposed of together, the court or a magistrate may order
separate hearings or may exclude any such cause of action or
claim, and may order the proceedings to be amended
accordingly, and may make such order as to costs as may be
just.

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Actions to be
commenced by
plaint.

Where partners
sue or partners
or persons
carrying on
business, etc..
are sued in firm
name.

Where
registered
company is
defendant.
c. 89:01

Capacity in
which plaintiff
sues or the
defendant is
sued to be
stated in plaint.
Particulars to
be stated in
plaint, etc.,
where assignee
sues.

Infant to sue by
next friend.
PART IV
COMMENCEMENT OF ACTION
1. All proceedings authorised to be commenced in a
magistrate’s court by or under any Act shall, except when
otherwise provided therein or by these Rules, be commenced
by lodging a plaint with the clerk, and shall be called actions.
2. Where partners sue or are sued in the name of their
firm, or a person carrying on business in a name or style other
than his own name sues or is sued in such name or style,
pursuant to rule 16 and rule 19 of Part II, it shall be stated in
the plaint that the plaintiffs are suing or the defendants are
sued as a firm, or by such name or style.
3. Where a company registered under the Companies
Act is a defendant, the plaint shall give an address for service,
described as company is ‚being the registered office of the
Company‛.

4. If the plaintiff sues, or the defendant or any of the
defendants is sued, in a representative capacity, it shall be
stated in the plaint in what capacity the plaintiff sues or the
defendant is sued.
5. Where an assignee of a debt or other legal chose in
action sues, the fact that he is such assignee, and the name,
address, and description of the assignor, shall be stated in the
plaint, summons, and other proceedings.
6. Where an infant desires to commence an action
(other than for infant to sue wages, or piece-work, or for work
as a servant), or is a claimant in an interpleader proceeding,
he shall sue by a next friend, and the full names, occupation
or description, and residence or place of business of the next
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Form 3.

Liability of
next friend for
costs.

Infant
commencing
action without
next friend,
where
necessary.

Married
woman suing.


Person of
unsound mind
suing.
friend shall be stated in the plaint; and such next friend shall,
at the time of entering the plaint, either attend at the office of
the clerk and in his presence give an undertaking in Form 3, to
be responsible for costs, or transmit such an undertaking to
the clerk; and if such undertaking is not given at the office of
the clerk, it shall be attested by a notary public, a
commissioner for oaths to affidavits, or a justice of the peace
to whom the person giving the undertaking is personally
known.
7. The plaint shall not be filed until such undertaking
has been given. On its being given it shall be filed with the
clerk, and the action or interpleader proceeding shall proceed
in the name of the infant by such next friend. On entering into
the undertaking, the next friend shall be liable for costs in the
same manner and to the same extent as if he were himself the
plaintiff; and if the infant fails in or discontinues his action or
proceedings, an order for the payment of costs may be made
against the next friend, whether any order for costs is or is not
made against the infant; and proceedings may be taken on the
order for the recovery of such costs as for the recovery of a
judgement debt.
8. Where an infant commences as an adult without a
next friend an action in which a next friend is required, the
court may, on the application of either party, and on such
terms as the court shall think just, appoint a next friend; or
it may order the action to be struck out.
9. Where a plaint is entered or a claim in an
interpleader proceeding is made by a married woman in
which her husband is not joined, she shall state the name,
and, so far as she can, the address and description of her
husband.
10. Where a plaint is entered, or a claim in an
interpleader proceeding is made by or on behalf of a person of
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The plaint and
its particulars.
unsound mind not so found by inquisition, he shall sue by a
next friend; and the provisions of rules 6 and 7 of this Part as
to an infant suing by a next friend shall apply to a person of
unsound mind so suing.
PART V
THE PLAINT AND ITS CONTENTS
1. (1)
(a) the full names, occupation or
description, and residence or place of
business of the plaintiff and if the
plaintiff is a female, a statement
whether she is single, married, or a
widow, and if she is married, the full
names of her husband, and, if the
plaintiff is an infant required to sue by
a next friend, the particulars required
by rule 6 of Part IV;
(b) the surname of the defendant, his
general occupation or description,
and his residence or place of business,
and (where known) his full names,
the name of the street in which his
residence or place of business is
situate, and the number of the house;
(c) a statement whether the defendant is
a male or female, and (if known)
whether of full age or not, and if a
female, whether she is married,
single, or a widow:
Provided that if these facts are not
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known, the plaint may be filed and
the summons issued and served
without their being stated;
(d) a short statement of all the material
facts constituting the cause of action
relied upon in ordinary clear and
concise language without repetition
and in such a manner as to enable a
person of common understanding to
know what is intended with such
particulars of the plaintiff’s claim or
demand, with dates and items if
necessary, or of any alleged injuries
suffered, or of any alleged special
damages sustained, or of the
defendant’s alleged wrongdoing, as
will enable the defendant to learn
precisely the case which he has to
meet and prevent surprise at the
hearing;
(e) the pecuniary or other demand or
remedy which the plaintiff seeks to
establish or obtain.
(2) When it is stated in the plaint that the plaintiff
sues or that the defendant is sued in any representative
capacity, such representative capacity shall not in any case be
in issue, unless the same is expressly denied.
(3) Where the interested plaintiff is illiterate and
unable to furnish the plaint in writing, the plaint shall be
prepared by the clerk.
(4) If the plaint is entered by counsel he shall state
therein his name and place of business.
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Particulars of
several causes
of action.

Abandonment
of excess of
claim over
$500.

Where
defendant is a
female.

Copies of
plaint to be
tendered.

2. (1) Where a plaintiff seeks to obtain payment, or
satisfaction, or relief, redress, or remedy, upon more than one
cause of action or claim, he shall state —
(a) his causes of action or claims
separately;
(b) in his particulars the grounds of each
cause of action or claim separately;
(c) the payment or satisfaction, relief,
redress, or remedy he claims in
respect of each cause of action or
claim separately.
(2) The same rule shall apply where the defendant
relies upon several grounds of defence, set-off, or counter-
claim founded upon separate and distinct facts.
3. Where the claim or demand exceeds the amount
which may be recovered in the court, and the plaintiff desires
to abandon the excess, the abandonment of the excess shall be
entered at the end of the claim over particulars.
4. Where a claim is made against a married woman
or a widow, where the particulars shall state whether the
claim is in respect of a contract or tort before coverture, or (in
the case of a widow) in respect of a contract or tort since the
determination of the coverture.
5. The plaintiff when entering the plaint, shall tender
therewith two copies thereof for every different defendant
named in the plaint. He shall also, where so required by these
Rules or by the court or a magistrate, file an additional copy
for the use of the court.

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Particulars in
actions by
moneylenders
under the
Moneylenders
Act. c. 91:05
6. Where a moneylender within the meaning of
the Moneylenders Act seeks to recover money lent or interest
on money lent or both or to enforce any promissory note or
agreement made or security taken in respect of money lent, he
shall in his particulars state—
(a) the date on which the loan was made;
(b) the amount actually lent to the
borrower;
(c) the rate per cent per annum of interest
charged;
(d) the amount (if any) charged for
expenses, inquiries, fines, bonus,
premium renewals, or other charges;
(e) the date of the promissory note, or of
any contract or memorandum in
writing of the contract relating to the
money lent;
(f) the date and place when and where
the moneylending business involved
in the action was carried out;
(g) the security (if any) taken for the
money in the course of his business as
a moneylender;
(h) the amount of every payment already
received by the moneylender in
respect of the loan and the date on
which such payment was made;
(i) whether there has been any statement
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Stated or
settled account.

Claim against
government.
c. 3:02
Demand for
further and
better
particulars.

Order for
further and
better
particulars.
or settlement of account, or any
agreement purporting to close
previous dealings and create new
obligations;
(j) the amount of every sum due to the
moneylender but unpaid;
(k) the amount of interest accrued due
and unpaid on every such sum.
7. In every case in which the cause of action is a
stated or settled account, the same shall be alleged with
particulars.
8. The statement of claim by which proceedings
against the Government may be instituted pursuant to section
38 of the High Court Act shall contain all the particulars
required by rule 1 (a), (d) and (e) of this Part.
9. In any action the defendant may, at any time
before the day of hearing, give notice to the plaintiff that he
requires further particulars of the plaintiff’s claim or demand,
and the plaintiff shall, within two clear days of service of such
notice, deliver to the defendant full particulars of his claim,
and of the relief remedy to which he claims to be entitled, and
shall within the same time file a copy thereof with the clerk
who shall place the same in the proper jacket.
10. If the plaintiff fails to comply with such notice or
complies therewith insufficiently, the court or a magistrate
may, before or at the hearing, if satisfied that the defendant is
thereby prejudiced in his defence, order the plaintiff to deliver
to the defendant full particulars and to tender to the clerk a
copy thereof, and may adjourn the action, and stay all
proceedings therein until such order has been complied with,
and the court may order the action to be dismissed unless
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Plaintiff to
deliver such
particulars to
all defendants.


Disallowance
of costs for
insufficient
particulars.

Security for
costs where
plaintiff does
not reside in
Guyana.

Form 4.

Person
temporarily
resident only
may be
required to
give security.
such order is complied with within such further time as the
court may order, and may make such order as to costs as the
court may think fit.
11. The plaintiff shall deliver such particulars to
every defendant named in the plaint even though all such
defendants have not given notice to the plaintiff requiring
further particulars.
12. If in the opinion of the court any particulars in a
plaint signed by a counsel are insufficient, the costs of
entering the plaint by counsel shall not be allowed unless the
court otherwise orders.
13. Where it appears on the plaint in any action or
matter, or in any interpleader proceedings, that the plaintiff
does not reside in Guyana, the summons shall not be issued
until security for costs, by deposit of money or otherwise, has
been given to the satisfaction of the clerk. Where the plaint is
entered through counsel, an under- taking by him, in Form 4,
to be responsible for the costs shall be sufficient. If the plaintiff
fails in or discontinues his action, matter, or interpleader
proceedings, and does not pay the amount of any costs
ordered to be paid by him to the defendant, the same
proceedings may be taken by writ of execution for the
recovery of the amount of such costs from him, or from his
counsel if the latter has given the undertaking, as for the
recovery of a judgment debt.
14. A person ordinarily resident out of Guyana may
be ordered to give such security or undertaking as in the last
preceding rule mentioned, though he may be temporarily
resident in Guyana.

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Plaint receipt.
[R. 7/1963]
Form 5A.
Form 5B.

The summons
to appear.
Form 6.

Period between
entry of plaint
and return day.

c. 7:01

Amending the
summons in
case of non-
service from
mis-statement
of particulars.

The non-
served list.
PART VI
PLAINT RECEIPT AND SUMMONS
Service
1. At the time of entering a plaint the clerk or any
assistant officer shall give to the plaintiff a receipt in
accordance with Form 5A, or Form 5B, according as may be
directed by the Minister responsible for Finance.
2. A summons to appear to a plaint shall be in
accordance with Form 6 and shall be dated of the day on
which the plaint was entered, and the date thereof shall be the
commencement of the action.
3. Unless with the leave of the magistrate, the return
day stated in the summons to appear, shall be a day not less
than seven clear days after the date of entering the plaint, and
service shall be effected in accordance with section 11 of the
Summary Jurisdiction (Petty Debt) Act.
4. (1) Where a summons to appear has not been
served by reason of the plaintiff having misstated or
insufficiently stated any of the particulars as to the name,
residence, or place of business, or occupation or description of
the defendant, or of the defendant having before the entry of
the plaint removed from the address given therein, the
summons may be amended as to such particulars at any time
which will allow the summons to be served in sufficient time
before the return day.
(2) Provided nevertheless that if the bailiff or other
process-server ascertains in sufficient time before the return
day, and before the summons has been entered in the non-
served list, the defendant’s address, he shall without any
amendment of the summons effect service thereof on the
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Successive
summonses.

Where
summons left
at residence or
last or most
usual place of
abode or place
of business of
defendant and
he does not
appear.

defendant and insert the new address in the return of service
made by him.
5. (1) Subject to this rule, where a summons to appear
has not been served in sufficient time before the return day
successive summonses may be issued without entering a new
plaint.
(2) Unless the magistrate otherwise directs, a
successive summons shall not be issued in any case in which
the non-service has been caused by the fact of the plaintiff
having misstated or insufficiently stated any of the particulars
as to the name, residence, or place of business, or occupation
or description of the defendant or of the defendant having
before the entry of the plaint removed from the address given
on the entry thereof.
(3) A successive summons shall bear in red ink the
same date and number as the summons first issued.
(4) Where a summons to appear has not been
served by reason of the defendant having after entry of the
plaint removed from his residence or changed his place of
business, a successive summons may be issued if there is not
sufficient time before the return day to enable the summons to
be duly served upon the defendant at the new address.
6. Where by the return of service it appears that
service was effected by delivering the summons to some
person apparently not less than sixteen years old at the
residence of the defendant, or at his last or most usual place of
abode, or at his place of business, and the defendant does not
appear on the return day, the action shall not abode or
proceed if the court is satisfied, on the evidence before it, that
the business of service of such summons did not come to the
knowledge of the defendant before the return day.

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Procedure
where court
satisfied that
service did not
reach
knowledge of
defendant.

Acceptance of
service by
counsel.
Service on
infant.

Service on
lunatic or
person of
unsound mind.

Service on
partners.
7. In the case mentioned in the last preceding rule the
court may either order the action to be struck out or order a
successive summons to issue or, if in doubt whether the
summons has come to the defendant’s knowledge, may
adjourn the action to a future day for further knowledge
evidence, as to it may seem just. The court may direct notice
of any adjournment, with a copy of the summons and plaint,
to be served on the defendant.
8. Where counsel represents that he is authorised to
accept service on behalf of a defendant, it shall be sufficient
service to deliver the summons to him, provided that he shall
at the time of such delivery endorse upon the copy of the
summons retained by the bailiff or other authorised process-
server, a memorandum that he accepts service thereof on
behalf of such defendant, and that he is authorised so to do.
9. Where an infant is defendant, service on his father
or guardian, or (if none) on the person with whom the infant
resides or under whose care he is, shall, unless the court
otherwise orders, be deemed good service on the infant:
Provided that the court or a magistrate may order that
service made or to be made on the infant himself shall be
deemed good service.

10. Where a lunatic or a person of unsound mind not
so found by inquisition is a defendant, service on the
committee (if any) of the lunatic, or (if none) on the person
with whom the person of unsound mind, resides or under
whose care he is, shall, unless the court otherwise orders, be
deemed good service on such defendant.
11. Where persons are sued as partners in the name
of their firm, Service on the summons shall be served either
upon any one or more of the partners, or at the principal place
of the partnership business in Guyana upon any person
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Service where
person carries
on business in
name other
than his own.

Return of
service under
rules 11 and 12
to state in what
capacity
served.

Form of return
or affidavit of
service.
c. 7:01
Where
husband and
wife are
defendants.
Service where
defendant is on
having or appearing to have at the time of service the control
or management of the business there, and, subject to these
rules, such service shall be deemed good service on the firm
so sued, whether any of the members thereof are out of
Guyana or not, and no leave to issue a summons against the
members of the firm out of Guyana shall be necessary:
Provided that in the case of a co-partnership which has
been dissolved to the knowledge of the plaintiff before the
commencement of the action, the summons shall be served
upon every person in Guyana sought to be made liable.
12. Where a person carrying on business in a name
or style other than his own name is sued in such name or style
as if it were a firm name, the summons may be served either
upon such person, or at the principal place of business of such
person upon any person having or appearing to have at the
time of service the control or management of the business
there; and, subject to these Rules, such service shall be
deemed good service on the person so sued.
13. Where a summons is served under either of the
last two preceding rules, the return or affidavit of service shall
state whether the person served was served as partner or as
the person carrying on the business, or as a person having or
appearing to have the control or management of the business
or in both characters.
14. The return or affidavit of service shall be in
accordance with the forms required by the Summary
Jurisdiction (Petty Debt) Act, or any other Act relating thereto.
15. Where husband and wife are both defendants,
they shall both be served, unless the court or a magistrate
otherwise orders.
16. (1) Where a defendant is living or serving on
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board ship.

Service on
worker residing
in hostel, etc.

Service where
defendant
employed in
mental hospital
or prison.

Service under
the Mining Act.
c. 65:01

Service on
registered
Friendly
Society.
c. 36:04
Service where
violence
threatened.
board any ship or vessel, other than a ship or vessel belonging
to the Guyana Defence Force, it shall be sufficient service to
deliver the summons to the person on board who is, at the
time of such service, apparently in charge of the ship or
vessel.
(2) Where service is to be effected on board any
ship or vessel, the bailiff or other authorised process-server,
shall, on request produce a certificate of his appointment
signed by a magistrate to enable him to gain access thereto for
the purpose of effecting such service.
17. Where a defendant is residing in any hostel or
other similar institution for workers, it shall be sufficient
service to deliver the summons to the superintendent or any
person appearing to be the head officer in charge thereof.
18. Where the defendant is employed and dwells in
any mental hospital, or in any common gaol or house of
correction, it shall be sufficient service to deliver the summons
to the superintendent, keeper, gate-keeper, or lodge-keeper of
the hospital, gaol, or house of correction.
19. In proceedings by a servant within the meaning of
the Mining Service Act, service of process with respect to
proceedings for the recovery of salary or wages for working
on a claim may be effected as provided by Act.
20. In the case of a society registered under the
Friendly Societies Act, service of process shall be effected on
the secretary or on any member of the Committee of
Management as provided by section 48 of the said Act.
21. Where a bailiff is prevented by the threats or
violence of the defendant, or of any other person in concert
with him, from personally serving the summons, it shall be
sufficient service to leave such summons as near to the
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Service of
summons on
corporation,
etc.

Judgment
against
defendant in
default,
reserving right
against other
defendant in
default or not.
Penalty for
causing service
on wrong
person.
defendant as practicable.
22. In the absence of any statutory provision
regulating the service of process, service on a corporation
aggregate may be made on the Mayor or other head officer, or
on the Town Clerk, clerk, treasurer, etc. or secretary of such
corporation, and when by any written law, provision is made
for service of any summons or other process upon any
corporation, or upon any body or number of persons, whether
corporate or unincorporate, a summons may be served in the
manner so provided.
23. Where two or more persons are made defendants
whether as jointly or as severally liable, the plaintiff may have
judgment against any one or more of the defendants in
default, and may issue execution thereon, without prejudice
to his right to proceed with the action against any other
defendant or defendants whether served or not served, and if
served, whether in default or not in default.
24. Where service of a summons of any kind has been
effected upon the wrong person by reason of any faulty or
insufficient name, address, or description of the person upon
whom such service was intended to be effected, and that
wrong person has appeared in court in obedience to that
summons, the court or magistrate may at any time order the
party who was responsible for the service on the wrong
person to pay the reasonable expenses for travelling to court
and otherwise indemnify him for any loss sustained by his
obedience to the said summons. Any sum so ordered to be
paid may be recovered by the issue of a writ of execution
against the goods of the person who caused the service upon
the wrong person to be made.

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Appointment
of guardian ad
litem to
defendant
appearing on
face of
proceedings to
be an infant or
person of
unsound mind.
Time for
making
appointment
of guardian
ad litem.
Form 7.

Form 8.
PART VII
APPOINTMENT OF GUARDIANS AD LITEM TO
INFANTS OR PERSONS OF UNSOUND MIND
1. Where it appears on the face of the proceedings
that any defendant to an action or matter is an infant or a
person of unsound mind not so found by inquisition, the
following provisions shall apply —
(a) At any time after the service of the
summons, a guardian ad litem to such
infant or person of unsound mind
may be appointed by the court or a
magistrate on application made to it
or him on behalf of such infant or
person of unsound mind, on affidavit
in accordance with Form 7 in the
Appendix, accompanied by a written
consent of the proposed guardian to
act as such guardian.
(b) Where such appointment is made, the
clerk shall forthwith send notice of
such appointment to the plaintiff, in
accordance with Form 8 in the
Appendix.
(c) Where no application for a guardian
ad litem is made on behalf of the infant
or person of unsound mind up to the
day of hearing the clerk shall notify to
the court and to the plaintiff that no
such application has been made.
(d) The plaintiff shall in the
circumstances mentioned in the last
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Appointment
of guardian ad
litem to
defendant
ascertained to
be an infant or
person of
unsound mind.
preceding paragraph, before
proceeding further with the action or
matter against such infant or person
of unsound mind, apply ex parte to the
court or a magistrate for an order that
the clerk be assigned guardian ad litem
of such defendant, by whom he may
appear and defend, and, if necessary,
for a postponement of the hearing :
Provided that the magistrate shall
have the power, at any time before the
hearing and prior or subsequent to
any appointment of the clerk as
guardian ad litem, to appoint any
other person willing to act to be
guardian ad litem of the infant
defendant.
(e) Every order appointing the clerk
guardian ad litem shall be drawn up
and served upon the infant defendant
unless the infant defendant is present
in court when the order is made.
2. Where it does not appear on the face of the
proceedings, but is made to appear in the course of the
proceedings, that any defendant to an action or matter is an
infant or a person of unsound mind not so found by
inquisition, the following provisions shall apply—
(a) If on any defendant appearing at the
hearing it appears that such
defendant is an infant, and such
defendant names a person as his
guardian who then assents so to act,
such person shall be appointed
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Form 9.
Form 10.

Entry of
appointment
on summons,
etc.

Limitation of
liability of
guardian for
guardian accordingly; but if the
defendant does not name a guardian,
the court may appoint as guardian
any person in court who is willing to
act as such guardian; or in default of
any such person the court may
appoint the clerk to act as guardian;
and the action or matter shall
thenceforth proceed as if the infant
had named a guardian, and the order
by which the guardian is appointed
shall, if drawn up, be in accordance
with one of the Forms 9 and 10 in the
Appendix which is appropriate to the
case.
(b) In any other case, on its being made to
appear that any defendant is an infant
or person of unsound mind not so
found by inquisition, a guardian ad
litem to such defendant may be
appointed on application made on
behalf of such defendant in
accordance with paragraphs (1) and
(2) of the last preceding rule; and if no
such application is made a guardian
ad litem may be appointed in the
manner provided by paragraphs 3
and 4 of the same rule.
3. Where a guardian is appointed under either of the
last two preceding rules, such appointment shall be entered
on the plaint, in the Record Book of Causes and on all
subsequent proceedings. Etc.
4. A guardian ad litem to an infant or person of
unsound mind not so found by inquisition shall not be
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costs.

Power to set
aside judgment
against infant
or person of
unsound mind
where no
guardian
appointed.
Guardian ad
litem with
reference to
proceedings
under judg-
ment or order.

Consolidation
of separate
actions which
may have been
joined in one.
Stay of actions
for same cause
against several
defendants till
judgment
given in
selected action.
personally liable to any costs not occasioned by his personal
negligence or misconduct.
5. Where judgment has been obtained or an order
made against a defendant who was at the time an infant or
person of unsound mind not so found by inquisition, without
a guardian ad litem having been appointed to such defendant,
the court may set aside such judgment or order and may order a new hearing or make such other as may be just.
6. At any time during the proceedings under any
judgment or order, the court may, if it thinks fit, require a
guardian ad litem to be appointed for any infant or person of
unsound mind not so found by inquisition who has been
served with notice of such judgment or order.
PART VIII
CONSOLIDATION OF ACTIONS OR STAY OF
PROCEEDINGS
Transfers
1. Actions or matters pending in the same court may
be consolidated by order of the court or a magistrate with or
without application by the parties.
2. Where several actions are brought by different
plaintiffs against the same defendant in the same court for or
in respect of causes of action arising out of the same breach of
contract, wrong, or other circumstances, the defendant may,
on filing an undertaking to be bound so far as his liability in
the said several actions is concerned by the decision in such
one of the said actions as may be selected by the court or a
magistrate, apply to the court or a magistrate for an order to
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Applications
under
preceding rule.

Court may
impose terms.
Where judg-
ment in favour
of defendant in
selected action.

Form 11.

Where
judgement
given against
defendant in
selected action.
Form 12.
stay the proceedings in the actions other than the one so
selected, until judgment is given in such selected action.
3. Applications under the two preceding rules shall
be made upon notice to the opposite parties to be affected by
any order made thereon.
4. Upon the hearing of any application for
consolidation of actions or for stay of proceedings the court or
a magistrate may impose such terms and conditions and make
such order in the matter as may be just.
5. If judgment in a selected action under rule 2 of this
Part is given in favour of the defendant, the defendant shall be
entitled to his costs up to the date of the order staying
proceedings against every other plaintiff whose action is
stayed, unless such plaintiff gives the clerk notice in writing to
set down his action for hearing. On such judgment being
given, the clerk shall forthwith send to every other plaintiff a
notice in accordance with Form 11 in the Appendix, and if any
such plaintiff within fourteen days from the date of such
notice gives to the clerk notice in writing to set down his
action for hearing, the clerk shall obtain from the magistrate
the appointment of a day for the hearing, and send to both
plaintiff and defendant notice of the day so appointed at least
seven clear days before such day.
6. If judgment in a selected action is given in favour
of the plaintiff, where the plaintiffs in the actions stayed shall
be at liberty to proceed for the purpose of ascertaining and
recovering their debts or damages and defendant in costs. On
such judgment being given, the clerk shall forthwith send to
each such plaintiff a notice in accordance with Form 12 in the
Appendix, and a plaintiff desiring to proceed shall within
fourteen days from the date of such notice give to the clerk
notice in writing to set down his action for hearing, and on
receipt of such notice the clerk shall obtain from the
magistrate the appointment of a day for the hearing, and send
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Stay of action
for same cause
against several
defendants till
judgment
given in
selected action.

Transfer of
actions
commenced in
different
courts.

Procedure
when
application for
transfer is
applied for.
c. 7:01

to both plaintiff and defendant notice of the day so appointed
at least seven clear days before such day.
7. Where several actions of contract are brought by
the same plaintiffs against several defendants in the same
court, and the event of the said actions depends on the
finding of the court on some question common to all the said
actions, the court may at any time select one of such actions
for trial, and stay the proceedings in all the other actions until
the judgment in the action so selected is given; but after
judgment in such selected action, unless the plaintiff and the
defendants in the other actions, or any of them, submit to
have judgment passed and entered therein in accordance with
the judgment in the action so selected, such other actions shall
proceed in the same manner as if they had not been stayed;
and on receipt of notice from the plaintiff or defendant in any
such action to set down the action for hearing, the clerk shall
obtain from the magistrate the appointment of a day for the
hearing, and send to both plaintiff and defendant notice of the
day so appointed at least seven clear days before such day.
8. Where actions are commenced in different courts
by parties in the same interest, upon application by any of the
parties any action may be transferred to the court in which the
first plaint was entered, different and shall there be proceeded
with in the same way in all respects as if it had been
commenced in that court.
9. The party applying for a transfer of an action
under section 27 of the Summary Jurisdiction (Petty Debt) Act
or under the last preceding rule shall give to the clerk of the
court in which the action for transfer is or matter is pending,
and to all parties who may be affected by the application, at
least two clear days’ notice in writing of the intended
application, but the court or a magistrate may at any time, by
consent of all parties, or without such consent if it or he thinks
fit, order a transfer, although this rule has not been complied
with.
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Order as to
costs on
transfer.

Transmission
of the
proceeding to
court to which
transfer is
made.


Costs of
transfer.

Discontinuance
of action or
withdrawal of
part of claim.

10. The court or a magistrate ordering the transfer
may make such order as to the costs incurred before or
occasioned by such transfer as it or he may think fit.
11. When any order transferring an action is made,
the clerk of the court ordering the transfer shall transmit to the
clerk of the court to which the action has been transferred a
certified copy of the plaint and of every other document in the
action and the latter clerk shall send to all the parties notice of
the day fixed for the hearing by the court to which the transfer
has been made.
12. The ultimate costs of such transferred action shall
be in the discretion of the court to which the action has been
transferred.
PART IX
DISCONTINUANCE, CONFESSION, ADMISSION, AND PAYMENT INTO OR OUT OF COURT
1. If the plaintiff desires to discontinue any action or
matter against all or any of the parties thereto, or to withdraw
any part of his alleged cause of complaint, he shall give notice
in writing thereof to the clerk and to every party as to whom
he so desires to discontinue or withdraw; and after the receipt
of such notice any such party may apply to the court or a
magistrate to tax his costs incurred before the receipt of the
notice, or if the action or matter be not wholly discontinued,
his costs incurred before the receipt of the notice in relation to
the matter so withdrawn, and if the court or a magistrate
thinks fit, judgment may be entered for such costs:
Provided that if the action is not wholly discontinued as
against the party so obtaining the judgment for costs,
execution shall not issue on that judgment before the action is
disposed of, except by leave of the court.
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Stay of
subsequent
action till costs
of action
discontinued
or claim
withdrawn are
paid.

Defendant’s
admission of
liability in
whole or in
part of claim
but disputing
the time or
mode of
payment.
Authentication
and service of
such
admission.

Notice of such
admission to
plaintiff.
Form 13A.
Form 13B.
Plaintiff’s
election to
2. Discontinuance or withdrawal under the last
preceding rule shall not be a defence to any subsequent
action; but if after such discontinuance or withdrawal a
subsequent action is brought for the same or substantially the
same cause of action before the payment of the costs in the last
preceding rule mentioned, the court may, if it thinks fit, order
either that any such subsequent action be stayed until such
costs have been paid or be struck out, and may in either case
order the plaintiff to pay the costs of the subsequent action to
the defendant
3. (1) A defendant who admits his liability for the
whole or part of any claim, but desires the decision of the
court as to the time and liability in mode of payment thereof,
may sign an admission in writing stating whole or in therein
that he offers to pay the amount admitted within a time or by
instalments to be specified in the admission.

(2) The admission shall be signed by the defendant
or his counsel and shall be delivered to the clerk two clear
days at least before the return day:
Provided that if the admission is not so delivered it may
be delivered at any time before or when the action is called
on, subject however to an order by the court for payment by
the defendant of any costs properly incurred by the plaintiff
in consequence of the admission not having been delivered in
due time.
4. The clerk shall, as soon as reasonable after the
receipt of the admission (if it is delivered in time for his so
doing) send notice thereof to the plaintiff in accordance with
one of the Forms 13A and 13B in the Appendix which is
appropriate to the case.
5. If the plaintiff in the case of admission of part only
of the claim elects to accept the amount admitted in
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accept
admitted
amount and
offer of
payment.

Entry of
judgment in
case of
acceptance
under last
preceding rule.

Plaintiff’s
objection to
mode of
payment.

Plaintiff’s
objection to the
amount
admitted and
the offer of
payment.

Procedure
where plaintiff
objects to the
amount
admitted and
offer of
satisfaction of his claim, and to accept the mode of payment
offered by the defendant, or in case of admitted admission of
the whole claim elects to accept the mode of payment, he shall
send notice of acceptance to the clerk and to the defendant not
later than on the day immediately preceding the return day or
he may attend on the return day and accept the admission
and offer, or the offer, as the case may be, without giving such
notice.

6. In any such case of acceptance as aforesaid, the
court may, on the return day, whether the parties or either of
them attend or not, enter judgment for the amount admitted
and for costs and payment acceptance shall be ordered to be
made in accordance with the offer of the defendant.
7. If the plaintiff in case of admission of part only of
the claim elects to accept the amount admitted in satisfaction
of his claim, but objects to the time or mode of payment
offered by the defendant or, in the case of admission of the
whole claim, objects to the time or mode of payment, he
should send notice in that behalf to the clerk and the
defendant not later than on the day immediately preceding
the return day, or he may attend on the return day and notify
the same.
8. If the plaintiff in the case of admission of part only
of the claim objects to accept the amount admitted by the
defendant and the offer of payment in satisfaction of his
claim, he should send notice in that behalf to the clerk and to
the defendant not later than on the day immediately
preceding the return day, or he may attend on the return day
and notify the same.
9. In the case where objection is taken to the amount
admitted as well as to the mode of payment offered the action
shall be dealt with in the ordinary way; in any other case
(except the case mentioned in rules 5 and 6 of this Part) the
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payment, or to
time and mode
of payment
only.

Penalty for
failure to give
required
notice.

Admission by
letter
addressed to
court.

Agreement as
to amount of
debt and terms
of payment.
Form 14.

Agreement as
to amount of
costs.

Entering
judgment
thereon.
court shall, on the return day or any other day to which the
hearing of the action may be adjourned, give judgment for the
amount admitted with costs, and decide any question as to
the time and mode of payment thereof, subject always to
section 34 of the Summary Jurisdiction (Petty Debt) Act.
10. The court may order any party who failed to give
any notice required by these Rules to be given by him to pay
any costs which have been occasioned by his failure to give
such notice at the time when the same ought to have been first
given.
11. Where a defendant does not appear on the return
day and has not signed an admission in accordance with the
preceding rules, the court may accept as an admission of the
claim or any part thereof, any letter addressed to the court
and purporting to be written by or on behalf of the defendant,
if the court is satisfied that such letter was in fact written by or
by the authority of the defendant; and a note that such letter
was accepted as an admission shall be entered in the minute
book.
12. If the plaintiff and the defendant in any action can
agree as to the amount payable in respect of the claim and the
terms and conditions upon which the amount is to be paid,
they may sign an agreement in accordance with Form 14 in
the Appendix and deliver the same to the clerk.
13. The parties to any agreement referred to in the
last preceding rule may also agree as to the amount of the
costs to be paid by the defendant, subject to the approval of
the court or a magistrate, and the amount of any court fees
included therein shall be stated separately in the agreement.
14. The court or a magistrate may, on any such
agreement being delivered to the clerk, enter judgment for the
amount agreed upon and the costs agreed upon and
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Admission of
truth of
plaintiff’s
statement.
Form 15.

Admission by
any party.

Notice to admit
specific facts.
Form 16.
approved, and order payment of the same upon the terms and
conditions mentioned in the agreement, or if the amounts of
the costs have not been agreed upon and approved, may enter
judgment for the amount agreed upon and the costs properly
incurred by the plaintiff in relation to that amount, and order
payment of the same on the terms and conditions mentioned
in the agreement.
15. Where a defendant desires to admit the truth of
the statements in the plaintiff’s particulars, and to submit to
the judgment of the court thereon, he may sign an admission
in accordance with Form 15 in the Appendix. Such admission
shall be filed two clear days at least before the return day, and
the clerk shall forthwith transmit a notice thereof to the
plaintiff who shall not, unless the court otherwise orders, be
allowed any costs incurred after the service upon him of such
notice of such admission in relation to the proof of the matter
so admitted:
Provided that the plaintiff shall be entitled,
notwithstanding such admission, to any necessary costs for
attending on the return day to obtain his judgment and costs.
16. Any party to an action or matter may give notice
in writing to any other party that he admits the truth of the
whole or any part of the case or claim of such other party, and
no costs incurred after the receipt of such notice in respect of
the proof of any matters admitted therein shall be allowed;
but the costs of any steps taken prior to the receipt of such
notice may be allowed, if the court or a magistrate is of
opinion that they were not taken unnecessarily or
prematurely.
17. Any party may by notice in writing in accordance
with Form 16 in the Appendix, at any time not later than four
clear days before the day of hearing, call on any other party to
admit, for the purposes of the action, matter, or issue only,
any specific fact or facts mentioned in such notice. And in case
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Form 17.


Evidence of
admission.

Payment into
court without a
denial of
liability.
of refusal or neglect to admit the same by the delivery of a
written admission of the fact or facts as aforesaid in
accordance with Form 17 not less than two days clear before
the day of hearing, the costs of proving such fact or facts shall
be paid by the party so neglecting or refusing, whatever the
result of the action, matter, or issue may be, unless at the
hearing the court certifies that the refusal to admit was
reasonable, or unless the court at any time otherwise orders:
Provided that:
(a) any admission made in pursuance of
such notice shall be deemed to be
made only for the purposes of the
particular action matter, or issue, and
not as an admission to be used against
the party on any other occasion or in
favour of any person other than the
party giving notice;
(b) the court may at any time allow any
party to amend or withdraw any
admission so made on such terms as
may be just.
18. An affidavit of the due signature of any
admissions made in pursuance of these Rules, shall be prima
facie evidence of such admissions, if evidence thereof be
required
19. A defendant in any action or matter may pay into
court without a denial of liability at least two clear days before
the return day such sum of money as he shall think a full
satisfaction for the demand of the plaintiff, together with the
costs incurred by the plaintiff up to the time of such payment;
and every such payment shall be taken to admit pro tanto the
plaintiff’s claim. Notice of such payment shall be
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Payment into
court with a
denial of
liability.
Form 18.

Clerk’s notice
to plaintiff of
payment into
court with
denial of
liability.
Payment into
court at time
less than two
clear days
before the
return day.
communicated by the clerk to the plaintiff in manner
provided by section 13(2) of the Summary Jurisdiction (Petty
Debt) Act. Any sum so paid into court shall be paid to the
plaintiff, but if the plaintiff shall elect to proceed and shall
recover no further sum in the action than shall have been so
paid into court, he shall pay to the defendant the costs
incurred by the defendant in the said action after such
payment. Such costs shall be settled by the court, and an order
shall thereupon be made by the court for the payment by the
plaintiff of those costs with or without any compensation
which the court may award under subsection (3) of the
aforesaid section.
20. A defendant who desires to pay money into court
with a denial of liability in respect of the plaintiff’s claim shall
pay the same two clear days at least before the return day and
in such case shall at the time of paying the money into court
deliver to the clerk a notice in accordance with Form 18,
stating his name and address, and further stating that
notwithstanding such payment the defendant denies his
liability; the defendant shall also pay into court in respect of
the costs (if any) a sum proportionate to the amount paid in
respect of the claim, unless the payment into court is made
under a defence of tender, in which case he may make such
payment without costs.
21. The clerk shall, within twenty-four hours from
the time of any payment made pursuant to the last preceding
rule, send to the plaintiff notice thereof; he shall also send
therewith a copy of the notice prescribed by the last preceding
rule.
22. The defendant may also at any time less than two
clear days before the return day pay money into court, and
notice thereof shall be given by the clerk to the plaintiff in
accordance with rule 19 of this Part; but the defendant shall
not in that case be permitted, except by leave of the court, to
give a notice denying liability at the time of such payment.
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Plaintiff’s right
to proceed in
case of
payment in less
than two clear
days without
costs.

Acceptance of
amount paid in
satisfaction of
claim.
Form 19.

Form 19.
23. When money is paid into court less than two
clear days before the return day, or when it is in any case paid
in without costs, the plaintiff, if he does not elect to accept the
money so paid in satisfaction, may proceed as if no such
payment had been made, and, unless otherwise orders, he
shall be entitled to costs on such sum as he may recover,
whether such sum be less than the sum paid into court or not.
24. (1) If the plaintiff elects to accept in satisfaction of
his claim the money paid into court by the defendant, whether
the same has been paid in due time or not, or with or without
costs, or with or without a notice of denial of liability, he
shall send to the clerk and to the defendant, or leave at the
office of the clerk or at the defendant’s dwelling or place of
business or at the address for service of his counsel a written
notice in accordance with Form 19 in the Appendix, stating
such acceptance, within such reasonable time before the
return day as the time of payment by the defendant will
permit.
(2) Thereupon the action shall abate, except as herein provided, and the plaintiff shall not be liable to any
costs incurred by the defendant after receiving such notice.
(3) In any case, the court may, in its discretion, order the defendant to pay such costs, beyond the costs (if
any) paid into court by the defendant, as the plaintiff may
have properly incurred before the receipt of notice of payment
into court, and in attending the court to obtain the order for
the same.
(4) If the plaintiff intends to apply for such costs, he shall give notice of his intention in his notice of acceptance
of the sum paid in, in accordance with Form 19, or where the
time for payment into court by the defendant does not permit
of notice of acceptance being given, the plaintiff may apply for
such costs without giving such notice.
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payment into
court without
denial of
liability.

c. 7:01
(5) Where the plaintiff has not given notice of
acceptance in accordance with paragraph (1), he may
nevertheless accept the money paid into court at any time
before the case is called on and opened, subject to the
payment of any costs that may have been reasonably incurred
by the defendant since the date of payment into court, and
which may be allowed by the court.
(6) In default of acceptance by the plaintiff the
action may proceed.
25. Where not less than two clear days before the
return day money is paid into court without a denial of
liability (except with a defence of tender) and the action
proceeds, the following provisions as to costs shall apply—
(a) If the plaintiff recovers an amount in
excess of the amount paid into court,
he shall, unless the court otherwise
orders, be entitled to costs on the
amount of the excess and judgment
shall be entered only for the amount
of such excess together with costs
applicable to the total amount
recovered, and in any such case the
words ‚in addition to the sum of $
paid into court by the defendant‛
shall be added to the judgment
entered.
(b) If the plaintiff fails to recover any sum in excess of the amount so paid into
court, section 13 of the Summary
Jurisdiction (Petty Debt) Act and rule
19 of this Part shall apply. The
defendant’s costs shall be assessed
with reference to the amount
remaining in dispute after the date of
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Provisions as
to costs on
payment into
court with a
defence of
tender.
the payment into court.
26. Where a defendant pays money into court under
a defence of tender and the action proceeds the following
provisions as to costs shall apply—
(a) If there is no dispute as to the amount of the plaintiff’s claim and the
question of tender is the sole issue
between the parties and it is decided
against the defendant, the plaintiff
shall be entitled to costs of the action
based on the amount paid into court.
(b) If there is no dispute as to the amount of the plaintiff’s claim and the
question of tender is the sole issue
between the parties and it is decided
against the plaintiff, the action shall
be dismissed and the defendant shall
be entitled to costs of the action
allowed on the amount claimed by the
plaintiff.
(c) If any part of the plaintiff’s claim is in dispute and the admitted part of the
claim has been paid in, the plaintiff
shall, if he recovers an amount in
excess of the sum paid into court, be
entitled to have judgment entered
only for the amount of such excess but
the sum paid into court shall be
included for the purpose of
calculating the amount on which any
costs allowed to the plaintiff are to be
charged and in any such case the
words ‚in addition to the sum of $
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Payment into
court by one or
some of several
defendants
sued jointly.
paid into court by the defendant‛
shall be added to the judgment
entered. If the plaintiff recovers no
greater sum than that paid in and the
tender has been proved, the action
shall be dismissed and the defendant
shall be entitled to costs of the action
on the amount claimed by the
plaintiff.
(d) If the plaintiff accepts the sum so paid in satisfaction of his claim under a
defence of tender, he shall not be
entitled to take out of court the
amount so accepted, nor to any costs,
without the order of the court or a
magistrate; and the court or a
magistrate may make such order as
may be just to the costs of either
party, and may order any costs
awarded to the defendant to be
deducted from such amount and paid
to the defendant.
(e) Subject to paragraph (d), money paid
into court under a defence of tender
shall be paid out to the plaintiff after
the issue of tender has been decided.
27. When in an action against two or more
defendants money is paid into court by one or some but not
all of them in respect of a cause of action for which the
defendants are sued jointly, and the plaintiff elects to accept
the sum so paid in, he shall in addition to giving the notice
required by rule 24 (1) of this Part, give notice to the other
defendants of having accepted the money so paid in and
thereupon all further proceedings in respect of the joint cause
of action, except as to costs, shall be stayed, and the court or a
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Payment by
plaintiff in
answer to
counter-claim.

Fees and costs
in payment of
amount
admitted after
deducting set-
off or counter-
claim.
Money paid in
with denial of
liability.
magistrate may, upon application by any party, make such
order as may appear to be just as to the costs of the plaintiff
and of the defendants (other than the defendant or defendants
who has or have made the payment into court) incurred in
respect of the cause of action satisfied by such payment. If the
plaintiff does not accept the money so paid in by one or some
but not all of the several defendants in respect of a joint cause
of action, but proceeds to the hearing and recovers no more
than the amount paid into court, the court may make such
order as may appear to be just in respect of the costs of the
joint cause of action as between the plaintiff and the
defendants other than the defendant or defendants who has
or have made the payment into court.
28. A plaintiff may, in answer to a counter-claim, pay
money into court in satisfaction thereof, subject to the like
conditions as to costs and otherwise as upon payment into
court by a defendant.
29. Where a defendant pays into court any sum
admitted by him to be due, after deducting any amount
claimed by him as a set-off or counter-claim, he shall pay into
court in respect of the costs (if any) a sum proportionate to the
amount paid in respect of the plaintiff’s claim.
30. Where a defendant pays into court a sum less
than the sum claimed, with a notice of denial of liability, and
the plaintiff does not accept the same in satisfaction of his
claim, the money shall not be paid out until the hearing and
judgment; and if the plaintiff recovers less than the amount
paid into court, the balance of such amount shall be repaid to
the defendant, unless the court otherwise orders, and the
court may order any costs awarded to the defendant to be set-
off against the amount recovered by the plaintiff; and if the
defendant succeeds, the whole amount paid into court shall
be repaid to him, unless the court otherwise orders.
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Payment to
plaintiff
instead of into
court.
Form 19.
Form 19.
31. Where money is paid to the plaintiff instead of
being paid into court, the following provisions shall apply—
(a) If the plaintiff accepts the money so
paid in satisfaction of his claim, he
shall send to the clerk and to the
defendant notice of such acceptance
in accordance with rule 24 (1) of this
Part.
(b) Thereupon the action shall abate, except as herein provided, and the
plaintiff shall not be liable to any costs
incurred by the defendant after
receiving such notice.
(c) In any such case, the court may, in its discretion order the defendant to pay
such costs, beyond the costs (if any)
paid to the plaintiff by the defendant,
as the plaintiff may have properly
incurred before the receipt of the
money so paid, and in attending the
court to obtain the order for the same.
(d) If the plaintiff intends to apply for
such costs, he shall give notice of his
intention in accordance with Form 19
in the Appendix as required by rule
24 (4) of this Part, or where the time of
payment to the plaintiff by the
defendant does not permit of notice of
acceptance being given, the plaintiff
may apply for such costs without
giving such notice.
(e) Where the plaintiff has not given
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Discretion of
court as to
costs when
money paid
into court less
than two days.

Payment out of
court.
c. 7:01

Settlement,
com promise
or discharge in
case of an
infant or
person of
unsound mind.
notice of acceptance in accordance
with paragraph (a), he may
nevertheless accept the money paid to
him at any time before the case is
called on and opened, subject to the
payment of any costs which have
been reasonably incurred by the
defendant since the date of payment,
and which may be allowed by the
court.
(f) In default of acceptance by the
plaintiff the action may proceed.
32. Where the payment to the plaintiff is made not
less than two clear days before the return day and the action
proceeds, the costs after the date of payment to the plaintiff
shall be awarded in such into court manner as the court may
think fit.
33. Money paid into court, whether under a
judgment or order or otherwise, shall be paid out to the
plaintiff pursuant to section 13 (3) of the Summary
Jurisdiction (Petty Debt) Act and these Rules and on proof to
the satisfaction of the clerk that the person applying for the
same is entitled or authorised to receive the same.
34. (1) No settlement or compromise or acceptance of
money paid into court before or at or after the hearing of any
action or matter in which money or damages is or are claimed
by or on behalf of an infant or a person of unsound mind not
so found by inquisition shall be valid without the sanction of
the court or a magistrate, and no money shall in any
circumstances whatsoever be paid by the opposite party in
any such action or matter to the next friend of the plaintiff or
the plaintiff’s counsel unless the court or a magistrate shall so
direct. All money or damages in any such action or matter
shall be paid into court and may, subject to such payment to
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Particulars of
the grounds of
defence.

Form 20.

Further and
better
particulars of
the ground of
defence.
counsel as may be directed by the court or a magistrate, be
invested or be paid from time to time out of court to such
person as the court or a magistrate may direct to be held and
applied for the benefit of the infant or person of unsound
mind in such manner as the court or a magistrate may direct.
(2) Payment of any money or damages
contrary to this rule shall not operate as a discharge of the
liability of the party so paying the money or damages.
(3) This rule shall not apply where an infant sues as if he were of full age for money due to him as wages
or piece work or for work as a servant pursuant to section 6 of
the Summary Jurisdiction (Petty Debt) Act.
PART X
DEFENCE AND COUNTER-CLAIM
1. In every action in which the defendant seeks to set
up a defence, he shall on the return day or at such later date as
the court or a magistrate may appoint give to the clerk and to
the plaintiff, in writing or verbally as the court or a magistrate
may direct, particulars (with dates and items if necessary) of
the grounds of his defence. If the particulars are directed to be
given in writing they shall be drawn in accordance with Form
20.
2. (1) A plaintiff may at any time before the day of
hearing by written demand require the defendant to deliver
further and better particulars than those already given
under rule 1 of this Part and if the grounds of defendant
fails to comply with such demand within two clear days of
the service thereof upon him (if the date of making the
written demand permits of such compliance before the day
of hearing), or complies therewith insufficiently, the court
may if satisfied that the plaintiff is thereby prejudiced—
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The particulars
in cases of
defences of –
Infancy.

Coverture.

(a) order further and better particulars
than those already delivered; or
(b) adjourn the hearing of the action; and
may make such order as to costs as
may seem just.
(2) The provisions of this rule shall, mutatis
mutandis, apply to a defence to a counter-claim.
(3) If a defendant, or with respect to a counter-
claim a plaintiff, fails to comply with any order of the court
under this rule, he may be debarred from defending
altogether or only be allowed to defend on such terms as the
court may think fit.
(4) A copy of any further and better particulars
delivered to a plaintiff under a demand of the plaintiff or an
order of the court shall be filed with the clerk.
3. The defendant shall furnish the following
particulars in the several respective cases—
(a) Where the defence is infancy—the full
names and description of the father
and mother of the alleged infant in the
case of a legitimate birth, or otherwise
the full name and description of his
mother, and in either case the place
and date of birth.
(b) Where the defence is coverture—the
full names of the defendant’s husband
and his address and description as far
as known, and the place and date of
her marriage.
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Written law.

Tender.

Void or
voidable
transaction.

Condition
precedent
unperformed.

Contract.
(c) Where the defence is based upon a
written law—the written law cited by
the short title, the chapter or year
thereof, the section relied upon and
the result of proceedings (if any)
taken under the written law which are
alleged to constitute the defence.
(d) Where the defence is tender—the
amount, date, place and manner of
such tender.
(e) Where the defence is that the claim is
not maintainable or that the
transaction is either void or voidable
in point of law—all such grounds of
defence as if not raised would be
likely to take the opposite party by
surprise, e.g., fraud,
misrepresentation, duress, estoppel,
statute of limitation, release, payment,
performance, illegality (either by
written law or common law), statute
of frauds, contributory negligence, or
inevitable accident
(f) Where the defence is that a condition
precedent has not been performed or
has not occurred – the parties to, and
the terms of the condition, the manner
in which the same was created, and
whether verbally or in writing.
(g) Where the defence sets up any
contract or other document in answer
to the plaintiff’s claim—the date and
the place of making thereof, the
parties thereto, and the effect of the
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General denial
insufficient.

Specific denials
necessary in
actions.
Upon bills of
exchange.

For goods
bargained and
sold, etc.
For money
received to use
of plaintiff.

For money
paid at
defendant’s
request.
contents material to the issue.
4. It shall not be sufficient for a defendant in his
defence to deny generally the claims or grounds in the plaint,
or for a plaintiff in his defence to a counter-claim to deny
generally the claims or grounds in the counter-claim, but each
party shall deal specifically with each allegation of fact of
which he does not admit the truth, except damages, and shall
state clearly and specifically the ground or grounds upon
which he relies by way of defence.
5. A defence in denial in the several respective cases
following shall specifically deny such matters of fact from
which the liability of the defendant is alleged to arise, that is
to say—
(a) In actions upon bills of exchange,
promissory notes or cheques—the
drawing, making, endorsing,
accepting, presenting, exchange, or
notice of dishonour of the bill or note.
(b) In actions for goods bargained and
sold, or sold and delivered—the order
or contract, the delivery or the
amount claimed.
(c) In actions for money received by the
defendant for the use of the plaintiff—
the receipt of the money, or the
existence of those facts which are
alleged to make such receipt by the
defendant a receipt to the use of the
plaintiff.
(d) In actions for money paid by the
plaintiff to another person for the
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Instituted by
personal
representative,
etc.

Denial as to
damages
unnecessary.

Statement in
lieu of
particulars of
grounds of
defence.

defendant at the defendant’s
request—the payment of the money,
the existence of those facts which are
alleged request, to make such
payment by the plaintiff a payment
for the defendant, or at the request of
the defendant.
(e) In actions instituted by an alleged
personal representative or by a trustee
whether in insolvency or otherwise,
or by a person, in any other
representative capacity, or by an
alleged co-partner—the fact of such
representative capacity, trusteeship,
or co- partnership as the case may be.
6. No denial or defence shall be necessary as to
damages claimed or their amount, but they shall be deemed to
be put in cases, unless expressly admitted.
7. A defendant in any action or matter may obtain the
leave of the court to file in lieu of the particulars of the
grounds of his defence a statement disclaiming any interest in
the subject-matter thereof, or admitting or denying any of the
statements in the plaintiff’s particulars, or raising any
question of law on such statements without admitting the
truth thereof; or he may state concisely any new fact or
document upon which he intends to rely as a defence, or
which he intends to bring to the notice of the court; and a
copy of such statement shall be delivered to the plaintiff
within twenty-four hours after such leave has been granted:
Provided always, that in exercising its discretion as to
costs the court shall consider the fact of a defendant having or
not having availed himself of the powers given by this rule.
This rule shall apply to a plaintiff who is defendant by
counter-claim.
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Where plaintiff
sues on behalf
of others.

Special
defences.
c. 7:01

Form 21.

Power to
permit
defendant to
plead special
defence
although he
has not given
the prescribed
notice.

Mode of
commun-
icating the
prescribed
notice.

Payment into
court with
defence of
8. Where a plaintiff sues on behalf of or for the benefit
of others having the same interest, the defendant may avail
himself of any defence in respect of each of the persons in
whose behalf or for whose benefit the plaintiff so sues which
he would have had against such persons if he had been
plaintiff.
9. The notice of the five special defences, namely, set-
off, counter claim, infancy, statute of limitation, and discharge
under any written law relating to bankruptcy or insolvency,
pleadable under section 12 of the Summary Jurisdiction (Petty
Debt) Act and the defence of coverture shall be in accordance
with Form 21 in the Appendix and together with all
particulars thereof shall be given by the defendant to the clerk
within four days after the service of the summons on the
defendant.
10. Where the defendant does not give to the clerk
the prescribed notice of the special defence he desires to rely
upon, or gives that notice after the prescribed time and the
plaintiff does not consent to permit the defendant to avail
himself of that defence, the court may, nevertheless, on such
terms as it may think fit, adjourn the hearing either to enable
the defendant to give the prescribed notice immediately, if he
has not yet done so, or to enable the plaintiff to consider the
special defence.
11. The mode of communicating to the plaintiff the
prescribed notice of a special defence shall be by serving on him
or on his counsel a copy of the notice referred to in rule 9 of
this Part with an intimation by the clerk at the foot thereof
that the defendant has filed notice of the special defence with
the clerk.
12. Where the defence is a tender, such defence shall
not be available unless, before stating such defence, the
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tender.

Set-off and
counter-claim.

Mis-joinder of
plaintiff not to
defeat counter-
claim.

Particulars of
counter-claim.
Fees to be paid
on counter-
claim.

Particulars of
defence to
counter-claim.

Where counter-
claim affects
other persons.
defendant makes payment into court (which may be without
costs) of the amount alleged to have been tendered.
13. A defendant in an action may set-off, or set up by
way of counter-claim against the claims of the plaintiff, any
right or claim counter- cognizable in the court, whether such
set-off or claim sound in damages or not, and such set-off or
counter-claim shall have the same effect as a cross action so as
to enable the court to pronounce a final judgment in the same
action, both on the original and on the cross claim.
14. Where in any action any person has been
improperly or unnecessarily joined as a co-plaintiff, and a
defendant has set up a set-off or counter-claim, he may obtain
the benefit thereof by establishing his set-off or counter-claim
as against the parties other than the co-plaintiff so joined,
notwithstanding the mis-joinder of such plaintiff or any
proceeding consequent thereon.
15. A counter-claim or set-off shall contain the same
facts and particulars as a plaint under rule 1 of Part V of these
rules, so far as those facts and particulars have not been
already stated in the plaint.
16. Where a counter-claim or set-off is made against
the claim of the plaintiff, the defendant shall pay in respect
thereof the amount of the fees payable under the Schedule to
the Act according to the amount of the counter-claim or set-
off.
17. In answering a counter-claim the plaintiff shall be
subject to rules 1,2, 3,4 and 5 of this Part, so far as the same is
applicable, and the plaintiff shall be entitled to plead any of
the special defences mentioned in rule 9 of this Part.
18. Where a defendant by his defence sets up any
counter-claim which raises questions between himself and the
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Counter-claim
may be
proceeded
with although
action
discontinued,
etc.
Power to enter
judgment for
balance
between claim
and counter-
claim.

Payment into
court with
respect to
counter-claim.

Defences to
counter-claim.
Third-party
notice.
plaintiff along with any other person, he may apply to the
court under rule 9 of Part II to add the name of such person as
a party to the counter-claim and that rule and the other
provisions of Part II and rule 17 of this Part shall apply to a
person so made defendant to a counter-claim in the same
manner as they apply to a person made defendant to an
action, or to a plaintiff made defendant to a counter-claim.
19. If in any case in which the defendant sets up a
counter-claim, the action of the plaintiff is stayed,
discontinued, or dismissed, the counter-claim may
nevertheless be proceeded with.
20. Where in any action a set-off or counter-claim is
established as a defence against the plaintiff’s claim, the court
may, if the balance is in favour of the defendant, give
judgment for the defendant for such balance, or may
otherwise adjudge to the defendant such relief as he may be
entitled to upon the merits of the case.
21. A plaintiff may in respect of a counter-claim pay
money into court in satisfaction of the whole or part thereof,
subject to the like conditions and rules as in the case of a
payment into court by a defendant.
22. A plaintiff in respect to a counter-claim by a
defendant shall be entitled to take all defences, special or
otherwise which are open to a defendant in an action.
PART XI
THIRD-PARTY PROCEDURE
1. Where in any action a defendant claims as against
any person not already a party to the action (in these Rules
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Application for
leave.
Form 22.

Form and issue
of notice.
Form 23.
called the third party) —
(a) that he is entitled to contribution or indemnity, or to any relief or remedy
relating to or connected with the
original subject- matter of the action
and substantially the same as some
relief or remedy claimed by the
plaintiff; or
(b) that any question or issue relating to or connected with the same subject-
matter is substantially the same as
some question or issue arising
between the plaintiff and the
defendant and should properly be
determined not only as between the
plaintiff and defendant but as
between the plaintiff and defendant
and the third party or between any or
either of them,
the court or a magistrate may give leave to the defendant to
issue a ‚third-party notice‛.
2. Application for such leave to issue such notice, if
not made pursuant to rule 1 (d) of Part XII, shall be in
accordance with Form 22 and shall be made ex parte
supported by affidavit stating the nature and grounds of the
claim in the action, or the nature and extent of any relief or
remedy sought, the facts out of which the claim against the
third party arises, and the name and address of the third
party.
3. The notice shall be in accordance with Form 23,
with such necessary variations as circumstances may require,
and shall state the nature and grounds of the claim or the
nature and extent of any relief claimed. It shall be served on
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Effect of notice.


At hearing.

Co-defendant’s
third-party
procedure.
Form 23.

Costs.
the third party within two clear days from the date of the
order granting leave and shall call upon him to appear on the
day of hearing.
4. (1) The third party shall, as from the time of the
service upon him of the notice, be a party to the action with
the same rights in respect of his defence against any claim
made against him and otherwise shall be subject to the same
liabilities as if he had been duly served with a summons in the
ordinary way by the defendant.
(2) A defendant shall, at the time of serving upon
the third party the notice referred to in rule 3 of this Part, also
serve upon him a true copy of the plaint and other
proceedings in the action up to that date.
5. At the hearing of the action the court may enter
such judgment as the nature of the case requires for or against
the defendant giving the notice against or for the third party,
and may grant to the defendant or to the third party any relief
or remedy which might properly have been granted if the
third party had been made a defendant to an action duly
instituted against him by the defendant.
6. Where one defendant as against another defendant
to the action makes any of the claims set out in rule 1 (a) and
(b) of this Part, he may serve upon the other defendant the
notice in Form 23 without leave of the court, and the same
procedure shall thereupon be adopted for the determination
of such claim, question or issue between the defendants as
would have been adopted against such other defendant, if
such other defendant were a third party; but nothing herein
shall prejudice the rights of the plaintiff against any defendant
in the action.
7. The court may decide all questions of costs as
between a third party and other parties to the action and may
order any one or more of them to pay the costs of any other,
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Counter-claim.

Mode of
making
applications
generally.

Form 24.
or others, or give such directions as to costs as the justice of
the case may require.
8. In this Part the words ‚plaintiff‛ and ‚defendant‛
respectively shall include a plaintiff and a defendant to a
counter-claim.
PART XII
APPLICATIONS, INTERLOCUTORY PROCEEDINGS,
AND APPEALS
1. Where by any written law or by these Rules an
application is expressly or by reasonable intendment directed
to be made to the court or to a magistrate, then subject to the
particular written law or any particular rule applicable
thereto, and so far as they shall not be inconsistent therewith,
the following provisions shall apply —
(a) The application shall be made either
in or out of the court in accordance
with Form 24 and, subject to any
special provision as to notice, may be
made either ex parte or on notice in
writing. If made on notice, a true copy
of the said application shall be served
on every party to be affected thereby
not later than two clear days prior to
the hearing of the application, unless
the court or the magistrate gives leave
for shorter notice.
(b) No affidavit in support shall be
necessary, but the court or magistrate
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may adjourn the hearing of the
application and order affidavits in
support or in opposition to be filed; in
every such case a copy of every
affidavit in support or in opposition
shall be served by the party filing the
same on every party to be affected by
the application.
(c) The court or a magistrate upon the
hearing or the adjourned hearing of
the application may make an order
absolute in the first instance, or to be
absolute at any time to be ordered by
it or him unless cause be shown to the
contrary, or make such other order or
give such directions as may be just.
(d) Every application in a pending action
may be made to the court verbally on
the return day or on the day of
hearing and if the application is to be
made on affidavit, the applicant shall
there and then tender the affidavit to
the court and deliver a copy thereof to
the opposite party. If such application
is to be made upon notice to the
opposite party, the verbal intimation
to the court in the hearing of the
opposite party that the application is
being made shall be deemed such
notice.
(e) Every application in a pending action
not made on the return day or on the
day of hearing shall be in writing to
the court or a magistrate, and if the
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Postponement
of hearing on
account of
interlocutory
application.

application is to be made on affidavit,
the applicant shall file notice of the
application together with the affidavit
with the clerk at least two clear days
before the application is to be heard
and on the day of filing the same shall
deliver to the opposite party a true
copy of the notice of application and
of the affidavit.
(f) The appointment of a time for the
hearing of every application made in
writing shall be made by the clerk
after consultation with the magistrate,
and where the application is one to be
made upon notice, the day and hour
so appointed shall be inserted by the
applicant in the notice of application
before the same is filed and in the true
copy of the notice before it is served
upon the opposite party.
(g) The costs of and incidental to any
application shall be in the discretion
of the court or a magistrate.
2. Where in any action interlocutory proceedings are
contemplated or pending which cannot be concluded in time
to enable the parties to prepare for the hearing of such action
on the day fixed for the same, the court or a magistrate may,
upon application of any party and upon being satisfied that
such interlocutory proceedings are necessary and proper,
postpone such hearing upon such terms as to costs or
otherwise as may be just, and if postponement is made in the
absence of the other party, that other party shall be notified
thereof.

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Application
for order that
loss of bill shall
not be set up.
c. 90:13

Form of the
indemnity.
Form 25.

Dancing
licences, etc.
c. 23:03

Form 26.
3. (1) An application made under section 71 of the
Bills of Exchange Act, in an action or proceeding upon a bill
for an order that the loss of the instrument shall not be set up,
may be made to the court at any time before the hearing of the
action, on notice in writing and shall be supported by
affidavit, a copy of which shall be served with the notice. If
the application be not so made, it may, by leave of the court to
be obtained in a summary manner, be made at the hearing.

(2) The court shall take into account any offer of
indemnity proved to have been made on behalf of the
applicant and may grant the application upon such terms as
to payment of costs by the applicant, postponement of the
trial and otherwise, as may be just.
(3) Any indemnity ordered to be given by the
plaintiff in any such action or proceeding shall be given in
favour of the defendant and shall be in accordance with Form
25. Such indemnity shall be delivered to the clerk and shall if
judgment is entered for the plaintiff be preserved by the clerk
for the period of four years from the date of such judgment,
but in case the indemnity becomes legally enforceable against
the plaintiff, the defendant may apply to the court or a
magistrate for an order that the indemnity be delivered up to
him by the clerk in order that he may enforce it against the
plaintiff.
4. Every application for a licence to keep or use a
place for public dancing, singing, music, or other public
entertainment of the like kind pursuant to the Music and
Dancing Licences Act, or for the transfer of such a licence,
shall be in accordance with Form 26 and shall set forth the
following particulars, that is to say—
(a) the name, address, and occupation of
the applicant;
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(b) the situation and description of the
land on which the house, room,
garden, or other place is located;
(c) the dimensions of the house, room, or
other place it is proposed to keep or
use for all or any of the purposes
aforesaid;
(d) the number of doors, exits, and the
nature of the appliances for the
prevention and fighting of fires;
(e) the means of illuminating the ‚place‛;
(f) the maximum number of persons
which it is proposed to accommodate
in the ‚place‛;
(g) the distance between the ‚place‛ in
respect of which the licence is sought
and the nearest ‚place‛ in respect
whereof a licence for the like purpose
is in existence;
(h) the distance between the ‚place‛ in
respect of which the licence is sought,
and the nearest church, school,
licensed spirit shop, hospital, or other
institution for the sick or infirm;
(i) whether the place has ever been
previously licensed for the purposes
of the above-mentioned Act or
whether a licence for the like purpose
has ever been refused in respect of
such a place;
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c. 82:21
c. 82:24
c. 23:03

Proof of
compliance
with law.
c. 23:03
Special licence.
c. 23:03

Notice to
police of
application for
special licence.

Filing of copy
of licence.
Registration of
club.
c. 82:26
(j) whether the applicant has ever been
convicted of any offence against the
Intoxicating Liquor Licensing Act, the
Spirits Act, or the Music and Dancing
Licences Act.
5. The applicant shall prove by affidavit filed prior to
the hearing of the application that section 6 (2) of the Music
and Dancing Licences Act has been complied with, and he
shall produce with his affidavit copies of the daily
newspaper in which the notice of his intention to apply for a
licence or for the transfer of a licence has been advertised.
The affidavit shall also verify the particulars required by
rule 4 of this Part.
6. No temporary licence under section 13 of the Music
and Dancing Licences Act shall be made unless the
application therefor has been lodged with the clerk not less
than forty-eight hours prior to the date for which the licence
is required. The magistrate may in any special case for good
cause shown grant a temporary licence notwithstanding
that the application therefor may have been made later than
the time fixed by this rule.
7. Notice of every application for a temporary licence
to use a place for any such public entertainment shall be given
to the chief officer of police in the district in which the
entertainment is to be held in order that he may make thereon
any observation he may think proper.
8. A copy of every licence granted, transferred or
renewed by the magistrate shall be filed by the clerk and
another copy thereof shall be forwarded to the chief officer of
police of the police district in which the ‚place‛ is situate.
9. An application for a certificate of registration of a
club or for the renewal of such a certificate under the
Registration of Clubs Act shall be in accordance with Form 27
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Form 27.

c. 82:21
c. 82:24
c. 82:26

Proof of
compliance
with law.
c. 82:26
Filing of
copies.

and shall set out the following particulars, that is to say—
(a) the name, address, and occupation of
the applicant;
(b) the description and size of the premises in which the club is to be
located and the name and address of
the owner thereof;
(c) the name, nature, and object of the club;
(d) the present number of the members of the club;
(e) the location of the nearest spirit shop;
(f) whether any of the officers of the club has been convicted of any offence
under the Intoxicating Liquor
Licences Act, the Spirits Act, or the
Registration of Clubs Act.
10. The applicant shall prove by affidavit filed prior to
the hearing of the application that the provisions of the
Registration of Clubs Act, required to be complied with before
the grant of the application, have been complied with, and he
shall produce such other evidence of compliance therewith as
the magistrate may require. The affidavit shall also verify the
particulars required by rule 9 of this Part.
11. A copy of every certificate of registration or
renewal of a certificate of registration granted by the
magistrate shall be filed by the clerk, and another copy
thereof shall be forwarded to the chief officer of police of the
police district in which the club is situate.
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Divorce
proceedings
under Indian
Labour Act.
c. 98:02
Form 28.
c. 3:05
c. 45:02
12. (1) An application for an order dissolving the
marriage subsisting between immigrants under the Indian
Labour Act shall be in accordance with Form 28 and shall
set out the following particulars, that is to say—
(a) the correct name as registered under
the Indian Labour Act and
description, address, and occupation
of the applicant;
(b) the correct name as registered under
the Indian Labour Act and
description, address, and occupation
of the respondent;
(c) the place of the husband’s domicile;
(d) the date and place of the marriage;
(e) the locality of the last matrimonial
home at which the spouses cohabited;
(f) the misconduct alleged against the
respondent, with such particulars
relating to the date, place, and
circumstances as would enable the
respondent to learn the precise case
against him and prevent surprise at
the hearing;
(g) whether any proceedings have ever
been taken by either spouse against
the other under the Summary
Jurisdiction (Magistrates) Act or the
Matrimonial Causes Act.
(2) The application shall state that there is not any
collusion or connivance between the applicant and the
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c. 98:02
Applications
affecting
immigrants’
property.
c. 98:02

Application
for
compensation
under the
Acquisition of
Lands for
Public
Purposes Act.
c. 62:05
respondent.
(3) A copy of the application shall be served upon
the respondent annexed to the summons directed to be served
by section 152 (2) of the Indian Labour Act.
13. Applications under sections 145, 146, and 147 of
the Indian Labour Act shall set forth the names, addresses,
and occupations of the spouses, the facts to establish the
alleged desertion or the discontinuance of co-habitation, and a
detailed list of the wife’s earnings and property, or the
property to which the applicant is entitled.
14. (1) The application which the Commissioner of
Lands may make to a magistrate pursuant to section 26 of the
Acquisition of Lands for Public Purposes Act, shall be in the
form of a plaint and a copy of such plaint shall be attached to
the summons which shall be served in the same manner as a
plaint is served in any ordinary action.
(2) The plaint shall contain the following
particulars—
(a) the situation of the land, with its
description in terms of some chart,
plan, or diagram of a sworn land
surveyor, if there is any in existence;
(b) the mode and purposes of occupation
of the land and the manner in which
severance of the particular land to be
acquired will affect any land
remaining in the occupation of the
owner;
(c) the crops (if any) on the land and the
number of permanent trees of
economic value therein, and the
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Application for
inserting
baptismal
name or for
correcting
entry in
Register.
c. 44:01
Form 29.
Form 30.

Mode of
application.
number and size of any building or
erections thereon which will have to
be removed from the land;
(d) the facts which the High Court
pursuant to section 18 of the said Act,
may take into consideration in
determining claims for compensation;
(e) the amount of the compensation
claimed.
(3) When the question of compensation has by
order of the High Court been referred to a magistrate
pursuant to section 27 of the said Act, the Commissioner of
Lands shall file with the order of reference, a plaint containing
the particulars required by paragraph (2) of this rule.
15. The statement of the circumstances of the case to
the magistrate contemplated by sections 34 and 35 of the
Registration of Births and Deaths Act, or the giving of
information to the magistrate under name or for section 43
thereof shall be made in accordance with one or other of
Forms 29 and 30 for a written authority to procure the
certificate according to Form 3 of the Act, or for an order
directing the Registrar to correct an error of a birth or death in
a register.
16. An application referred to in the last preceding
rule shall set out the names, addresses and occupations of
every material party and the full facts and circumstances of
the case. Where the application is made under sections 34 and
35 aforesaid, the statement of the circumstances shall be
verified by affidavit and the magistrate shall grant his written
authority without further hearing. Where the application is to
correct any erroneous entry in the register under section 43 of
the said Act, the proceedings shall be heard and determined
upon the viva voce evidence of the persons directed to be
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Application to
inspect
Banker’s
Books.
c. 5:03
The Friendly
Societies Act,
settlement of
disputes.
c. 36:04
examined by the said Act.
17. (1) An application under section 12 (1) of the
Evidence Act shall be made ex parte and shall be supported by
affidavit showing—
(a) the nature of the proceedings;
(b) the necessity for the inspection and for the copies;
(c) that the entries of which inspection is sought will be admissible in evidence at the hearing of the action or matter;
(d) the period over which it is proposed that inspection should extend.
(2) An order may be made by the court or a
magistrate upon any such application in every case in which
the entries sought to be inspected would have been
admissible at common law, and notwithstanding that the
accounts are kept in the name or names of a person or persons
other than the parties to the action or matter.
(3) The court or a magistrate may, in any case in
which it or he thinks fit, order that notice of the application
shall be served upon the banker and upon every other person
to be affected by the order.
18. (1) Any dispute referred to the court under
paragraph (c), or any application to hear and determine a
dispute under paragraph (d), of section 47 of the Friendly
Societies Act shall be so referred by plaint and summons in
the ordinary way.
(2) In proceedings commenced pursuant to the
last preceding paragraph, the claiming or aggrieved member
(or other person) shall be the plaintiff and the society shall be
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Application
for relief or
other order.

Appeal from
appraisement
under Tax Act.
c. 80:01
defendants.
(3) An application under section 47 of the said
Act for the enforcement of a decision on a dispute given by
any authority other than the court, shall be commenced by
plaint and summons in the ordinary way in which the party
to the dispute entitled or claiming to be entitled to the benefit
of such decision shall be plaintiff, and the party against whom
such decision is given shall be defendant.
19. (1) Application pursuant to the said Act for relief
or other order by any person dissatisfied with the provision
made for satisfying his claim, either under the proviso (b) of
section 25 in case of the amalgamation or transfer of
engagements or under section 55 (g) (iv) in the case of
dissolution of any society, shall be made by plaint and
summons in the ordinary way, in which the person so
dissatisfied shall be plaintiff and the society shall be
defendants.
(2) Particulars of demand shall be filed in all cases
of disputes and with every application, stating concisely the
nature of the dispute referred, and the relief or order which
the plaintiff claims.
20. The statement required by section 20 (4) of the
Tax Act to be lodged with the clerk on an appeal from the
appraisement of the annual rental value of any store, shop,
room, shed, stall, yard, wharf, office or counting house
(hereinafter called the premises) for the purpose of charging
the licence duty imposed by the said section shall set out the
following particulars—
(a) the number of the lot (if any) and the
street, and the town, village,
plantation or other district on which
the premises are situated;
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Costs to be
awarded in
terms of
Schedule to the
Act.

Viva voce
evidence.
(b) the amount of the appraisement for
payment of taxes or rates of the lot on
which any such premises stand, by
any municipal, village or other lawful
authority;
(c) the amount of the rent actually being
paid, if the premises are hired from
another person;
(d) the dimensions of the premises and
the state and condition of the same;
(e) the nature of the business which is
being carried on or it is proposed to
carry on in the premises;
(f) the approximate total value of the
stock in trade kept or proposed to be
kept in such premises;
(g) the annual rental value which the
plaintiff considers ought to be taxed
in respect of the premises.
21. In any proceedings under the last four preceding
rules, the court or a magistrate may order costs to be taxed in
accordance with the scale of costs in the Schedule to the Act,
or may award as costs thereof such lump sum as may be
deemed commensurate with the value of the work done and
services rendered.
22. The applications referred to in rules 4, 9, 12, 13,
14, 18 and 20 of this Part may be heard upon viva voce
evidence in court.
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Defence based
on right to be
relieved of a
prima facie case
of liability.

Order for sale
of perishable
articles, etc.
Order for
detention,
preservation,
etc.

Penalty for
neglect or
refusal to obey
or for
obstructing
execution of
order.
23. When by any contract a prima facie case of liability
is established and there is alleged as matter of defence a right
to be relieved wholly or partially from such liability, the court
or a magistrate may make an order for the preservation or
interim custody of the subject-matter of the litigation, or may
order that the amount in dispute be brought into court or
otherwise secured.
24. The court or a magistrate may, upon the
application of any party to any action or matter, make any
order for the sale by any person named in such order, and in
such manner and on such terms as the court may think
desirable, of any goods, wares, or merchandise which may be
of perishable nature or likely to injure from keeping, or which
incur charges for food or keep, or which for any other just and
sufficient reason it may be desirable to have sold at once.
25. The court may upon the application of any party
to an action or matter, and upon such terms as may be just,
make any order for the detention, preservation, inspection,
surveying, measuring, or weighing of any property or thing
being the subject of such action or matter, or as to which any
question may arise therein, and may for all or any of the
purposes aforesaid authorise any persons to enter upon or
into any land or building in the possession of any party to
such action or matter, and authorise any samples to be taken,
or any observation, plan, or model to be made, or experiment
to be tried, which may be necessary or expedient for the
purpose of obtaining full information or evidence.
26. Every person who refuses or neglects to obey, or
who obstructs the execution of any order made under any of
the last three preceding rules shall from time to time be guilty
of an offence for every such neglect or refusal or obstruction
as he shall be guilty of after every fresh copy of the order shall
have been personally served upon him, and upon conviction
thereof under the Summary Jurisdiction Acts shall be liable to
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Power to
examine
witnesses on
any
application.
c. 5:03

Where party
wrongly sues
or is sued in
representative
character.

Where party
wrongly sues
or is sued in
his own right.
Insufficient
name or
description of a
plaintiff or
defendant.
a penalty not exceeding twenty-four dollars for every such
neglect or refusal or obstruction.
27. On the hearing of any application made to the
court or a magistrate under any Act or these Rules, witnesses
may be examined viva voce in accordance with the Evidence
Act.
PART XIII
AMENDMENT
1. Where a party sues or is sued in a representative
character but it appears that he ought to have sued or been
sued in his own right, the court may, at the instance of either
party, on such terms as may be just, amend the proceedings
accordingly; and thereupon the action shall proceed, in all
respects, as if the proper description of the party had been
given in the plaint.
2. Where a party sues or is sued in his own right, but
it appears that he ought to have sued or been sued in a
representative character, the court may, at the instance of
either party, on such terms as may be just, amend the
proceedings accordingly; and thereupon the action shall
proceed in all respects, as if the proper description of the
party had been given in the plaint.
3. Where the name or description of a plaintiff or a
defendant in the plaint is insufficient or incorrect, it may be
amended at the instance of either party by order of the court,
on such terms as may be just; and thereupon the action shall
proceed, in all respects, as if the name and description had
been originally such as it appears after the amendment has
been made.
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Where all
defendants
have not been
served.

Abandonment
of part of
claim.
Amendment of
particulars.
Costs.
Amendment of
particulars
where plaintiff
is entitled to
more than
amount
claimed.
Clerical
mistakes and
accidental
omissions.
4. Where two or more persons are made defendants,
and some of them have not been served, then, subject and
without prejudice to rule 23 of Part VI, the names of the
defendants who have not been served may, at the instance of
either party, be struck out by order of the court, on such terms
as may be just; and thereupon the action shall proceed, in all
respects, as if the parties whose names have not been struck
out had alone been made defendants; or the action may be
adjourned for service upon any defendant not served.
5. The plaintiff may at any time before an action or
matter is called on for hearing, or in opening his case when
called on, abandon any part of his claim, and such
abandonment shall be entered on the particulars (if any) and
in the minute book:
Provided that if the defendant succeeds the court may
allow him such costs as he would have been entitled to on the
amount originally claimed; and in any case the court may
allow the defendant any costs properly incurred by him in
respect of that part of the plaintiff’s claim which is
abandoned.
6. Where it appears that a plaintiff is entitled to
recover an amount larger than that mentioned in the
particulars, but not exceeding the amount which may be
recovered in the court, he may, by leave of the court, and on
payment of the difference (if any) between the fees payable on
the amount so mentioned and those payable on the larger
amount, amend his particulars so as to claim such larger
amount, and thereupon judgment shall be entered for same.
7. Clerical mistakes in judgments or orders, or
errors arising therein from any accidental slip or omission,
may at any time be corrected by the court or a magistrate.

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Discovery of
documents.

Form 31.

Objection to
discover
documents.
Form 32.
Order for
production of
particular
document or
documents.
PART XIV
DISCOVERY AND INSPECTION
1. Any party to any action or matter may, without
filing any affidavit, apply to the court or a magistrate for an
order directing any other party to the action or matter to make
discovery on oath of the documents which are or have been in
his possession or power relating to any question therein. On
the hearing of such application the court or a magistrate may
either refuse or adjourn the same, if satisfied that such
discovery is not necessary at that stage of the action or matter,
or make such order, either generally or limited to certain
classes of documents, as the court or a magistrate may think
fit:
Provided that the discovery shall not be ordered when
and so far as the court or a magistrate is of the opinion that it
is not necessary for disposing fairly of the action or matter, or
for saving costs. If an order is made it shall be drawn up by
the clerk and served by the applicant on the party against
whom the order is made. Such order shall be in accordance
with Form 31, and shall specify the time within which the
affidavit in answer is to be filed.
2. The affidavit to be made by a party against whom
such order as is mentioned in the last preceding rule has been
made, shall specify which, if any, of the documents therein
mentioned he objects to produce, and on what grounds, and it
shall be in accordance with Form 32, with such variations as
circumstances may require. Such affidavit shall be delivered
to the clerk and a copy thereof served on the party who
obtains the order within the time named in the order.
3. The court or a magistrate may, at any time during
the pendency of an action or matter, order the production
upon oath, by any party thereto, of such of the documents in
his possession or power relating to any question in such
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Inspection of
documents
referred to in
particulars,
notices, or
affidavits.

Notice under
preceding rule.
Form 33.

Notice fixing
time for
inspection of
documents
pursuant to
notice to
produce
documents.

action or matter as the court or a magistrate may direct; and
the court or a magistrate may deal with such documents,
when produced, in such manner as may be just.
4. Any party to an action or matter may at any time
give notice in writing to any other party in whose particulars,
notices, or affidavits reference is made to any document, to
produce such document for the inspection of the party giving
such notice, and to permit him to take copies thereof; and any
party not complying with such notice shall not afterwards be
at liberty to put any such document in evidence on his behalf
in such action or matter, unless he satisfies the court that such
document relates only to his own title, he being a defendant to
the action or matter, or that he had some other cause or excuse
which the court deems sufficient for not complying with such
notice, in which case the court may allow the same to be put
in evidence on such terms as to costs and otherwise as the
court may think fit.
5. Notice to any party to produce any documents
under the last preceding rule shall be in accordance with
Form 33 with such variations as circumstances may require.
6. The party to whom such notice is given shall,
within two days of the receipt of such notice, if all the
documents therein referred to have been set forth by him in
such affidavit as is mentioned in rule 2 of this Part, or if any of
the documents referred to in such notice have not been set
forth by him in any such affidavit, then within four days from
the receipt of such notice, deliver to the party giving the same
notice stating a time within three days from the delivery
thereof at which the documents, or such of them as he does
not object to produce, may be inspected at the office of his
counsel, or in the case of bankers’ books or other books of
account, or books in constant use for the purposes of any
trade or business, or in case the party is not acting by counsel,
at their usual place of custody, and stating which, (if any) of
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Form 34.

Order for
inspection.

Verified copies.
the documents he objects to produce, and on what grounds.
Such notice shall be in accordance with Form 34, with such
variations as circumstances may require.
7. (1) If any party served with a notice under rule 4 of
this Part omits to give such notice of a time for inspection, or
objects to give inspection, or offers inspection elsewhere than
is provided by the last preceding rule, the court or a
magistrate may, on the application of the party desiring it,
make an order for inspection at such place and in such
manner as the court or a magistrate may think fit:
Provided that the order shall not be made when and so
far as the court or a magistrate is of the opinion that it is not
necessary either for disposing fairly of the action or matter, or
for saving costs.
(2) Any application to inspect documents, except
such as are referred to in particulars, notices, or affidavits of
the party against whom the application is made, or disclosed
in his affidavit of documents, shall be founded upon an
affidavit showing of what documents inspection is sought,
that the party applying is entitled to inspect them, and that
they are in the possession or power of the other party. The
court or a magistrate shall not make an order for inspection of
such documents when and so far as the court or a magistrate
is of opinion that it is not necessary either for disposing fairly
of the action or matter, or for saving costs.
8. (1) Where inspection of any business books is
applied for, the court or a magistrate may, if it thinks fit,
instead of ordering inspection of the original books, order a
copy of any entries therein to be furnished and verified by the
affidavit of some person who has examined the copy with the
original entries, and such affidavit shall state whether or not
there are in the original book any and what erasures,
interlineations or alterations:
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Privilege.
Inquiry as to
present or past
possession of
specified
documents.

Non-
compliance
with order.

Provided that notwithstanding that such copy has been
supplied, the court or a magistrate may order the inspection
or production in court or before a magistrate of the book from
which the copy was made.
(2) Where on an application for an order for
inspection privilege is claimed for any document, the court or
a magistrate may inspect the document for the purpose of
deciding as to the validity of the claim of privilege.
9. The court may, on the application of any party to
an action or matter at any time, and whether an affidavit of
documents shall or shall not have been already ordered or
made, make an order requiring any other party to state by
affidavit whether any particular document or documents, or
any class or classes of documents, specified or indicated in the
application, is or are, or has or have been in his possession,
custody, or power; and if not then in his possession, custody,
or power, when he parted with the same, and what has
become thereof. Such application shall be made on an
affidavit, stating that, in the belief of the deponent the party
against whom the application is made has, or has at some
time had, in his possession, custody or power, the particular
document, or documents, or the class or classes of documents,
specified or indicated in the application, and that they relate
to the matters in question in the action or matter, or to some
or one of them.
10. If any party fails to comply with any order made
pursuant to this Part, he shall, if a plaintiff, be liable to have
his action stayed until the order is complied with, or
dismissed for want of prosecution, and, if a defendant, either
be debarred from defending altogether, or only be allowed to
defend on such terms as the court may think fit; and the party
applying for the discovery or inspection may apply to the
court or a magistrate for an order to that effect and an order
may be made accordingly.
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Penalty for
non-
compliance.
Security for
costs of
discovery.

Notice of
payment into
court of costs
of discovery or
of dispensing
therewith.

Payment out of
costs paid in on
application to
discover
documents.
Costs lodged
on application
to discover to
be repaid to
party lodging
same, unless he
11. Every party who without just cause or excuse, the
proof whereof shall lie on him, refuses or neglects to comply
with any order of the court made under this Part shall be
guilty of a separate offence on every day during which he
shall refuse or neglect to comply therewith and, on conviction
under the Summary Jurisdiction Acts, shall be liable to a fine
of twenty-four dollars for every such offence.
12. Any party seeking discovery of documents may
be ordered upon making the application for discovery to pay
into court the sum of two dollars and forty cents or any less or
additional sum as the court or a magistrate may direct as
security for the costs of the opposite party incurred in
connection with the application.
13. An order for discovery shall state the amount
ordered to be paid into court, or that payment into court is
dispensed with; and where payment into court is ordered the
party seeking discovery shall, with his order for discovery of
documents, serve a copy of the receipt for the payment into
court, and the party from whom discovery is sought shall not
be bound to answer or make discovery unless and until the
said copy has been served.
14. If on any application for discovery of documents
it is ordered that the costs of the application be paid by the
party seeking such discovery to the party against whom the
order is sought, the clerk shall, after the action or matter has
been finally disposed of, pay out to the latter party the
amount of the costs allowed him on such application and to
the party who sought discovery any balance remaining after
payment of such costs.
15. Unless the court or a magistrate otherwise orders
the amount paid in as security for costs by a party seeking an
order for discovery shall after the action or matter has been
finally disposed of be paid to be out to the party by whom the
same was paid in, except in the event of his being ordered to
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is ordered to
pay costs of
discovery.

This part to
apply to
infants.

When action
not to abate.

Proceedings on
change of
plaintiff’s title
before
judgment.

Form 35.

Notification of
change of
plaintiff’s title
pay costs of any kind, in which case the amount in court shall
be appropriated towards payment of such costs, and any
balance remaining shall be paid out to the party who sought
discovery.
16. This Part shall apply to infant plaintiffs and
infant defendants and their next friends and guardians ad
litem.
PART XV
CHANGE OF PARTIES
1. An action or matter shall not become abated by
reason of the marriage, deaths or bankruptcy of any of the
parties, if the cause of action survives or continues, and shall
not become defective by the assignment, creation, or
devolution of any estate or title pendente lite; and whether the
cause of action survives or not, there shall be no abatement by
reason of the death of either party between the finding of the
issues of fact and the judgment, but judgment may in such
case be entered, notwithstanding the death.
2. Where, by reason of any event occurring after the
commencement of any action or matter, there shall be any
assignment, creation, change, transmission, or devolution of
the interest, estate, or title of any plaintiff in such action or
matter before judgment, the person to or upon whom such
interest, estate, or title, has come or devolved may deliver to
the clerk a notice thereof in accordance with Form 35, with his
name and address together with an affidavit of the truth of
the facts stated in such notice.
3. The clerk shall cause a copy of such notice to be
served upon the defendant in the action or matter, and he
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before
judgement to
the defendant.
Form 36.

Provision for
cases where
change affects
more actions
than one.
Form 37.

Proceedings on
change of
defendant’s
title.
Form 35.

Form 36.

Copy of
summons to be
served on
shall cause a further notice to be served upon the defendant in
accordance with Form 36 stating that unless upon the day
named therein he appears and shows cause against the same,
the person to whom or upon whom such interest, estate, or
title has come or devolved will be substituted for or made a
joint plaintiff with the plaintiff named in the original plaint;
and unless cause is so shown such person may be added or
substituted as plaintiff accordingly.
4. Where, by reason of one and the same event, any
person becomes entitled to give notice under the last
preceding rule in more actions or matters than one, such
person may give in accordance with Form 37, one notice only
in respect of all or any of such actions or matters specifying in
a schedule to such notice all the action and matters in respect
of which such notice is given; and in serving a copy of such
notice on any defendant in any such action or matter, it shall
be sufficient to set forth such part only of such notice as affects
such defendant, without setting forth the rest of such notice.
5. Where, by reason of any event occurring after the
commencement of any action or matter, there shall be any
assignment, creation, change, transmission, or devolution of
the liability, interest, estate, or title of any defendant in such
action or matter before judgment, the plaintiff or the
defendant or the person to or upon whom such liability,
interest, estate, or title has come or devolved, may in like
manner give notice thereof to the clerk in accordance with
rule 2 of this Part, together with an affidavit of the truth of the
facts stated in such notice; and the clerk shall take
proceedings thereon similar to those prescribed in rule 3 of
this Part; and a defendant may be substituted or added, as the
case may be, in manner similar to that provided in the last
mentioned rule for the substitution or addition of a plaintiff.
6. Where the notice mentioned in the last preceding
rule is given by any person other than the person proposed to
be substituted or added as a defendant, a copy of the plaint in
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proposed
defendant in
certain cases.

Change or
transmission of
interest.

Notice of order
of change or
transmission of
interest.


Form 38.
the action shall be annexed to the notice to be served on the
person proposed to be substituted or added as a defendant,
and such notice and plaint shall be served on such person,
according to the rules applicable to the service of the
summons in an action, seven clear days at least before the day
fixed for the hearing, and the hearing shall be adjourned for
such time as may be necessary to enable such notice and
plaint to be so served.
7. Where, in any case not provided for in the
preceding rules, it becomes necessary or desirable, by reason
of any event occurring after the commencement of any action
or matter, and causing a change or transmission of interest or
liability, or by reason of any person interested coming into
existence after the commencement of any action or matter,
that any person not already a party should be made a party or
that any person already a party should be made a party in
another capacity, an order that the proceedings shall be
carried on between the continuing parties and such new
parties may be obtained, before or at the trial, on application
to the court or a magistrate upon an allegation of such change
or transmission of interest or liability, or of such person
interested having come into existence.
8. An order obtained as in the last preceding rule
mentioned shall, unless the court or a magistrate otherwise
directs, be served upon the continuing parties, and also upon
each new party, unless the person making the application be
himself the only new party, according to the rules as to service
of ordinary summonses, seven clear days at least before any
further proceedings are taken in the action or matter; and in
the case of a person who is not already a party, a copy of the
plaint or application in the action or matter, and a notice in
Form 38 shall be annexed to the order and served therewith.
The order shall from the time of such service, subject
nevertheless to the next following rule, be binding on the
persons served therewith; and every person served therewith,
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Application to
discharge or
vary order by
person not
already a
party.

Where person
entitled to
proceed on
death of
plaintiff or
defendant fails
to do so.

Alteration of
records on
change of
parties.
Form of
who is not already a party to the action or matter shall be
bound to appear in the same manner as if he had been served
with a summons. Such order of adjournment shall be made as
shall be necessary to give effect to this rule.
9. Where any person not already a party to the action
or matter is served with such order as is mentioned in the last
two preceding rules, such person may on or before the day
fixed for the hearing of the action by person apply to the court
to discharge or vary such order.
10. When the plaintiff or defendant in an action or
matter dies, and the cause of action survives, but the person
entitled to proceed fails to proceed, the defendant (or the
person against whom the action death of or matter may be
continued) may apply to the court or a magistrate for an order
directing the plaintiff (or the person entitled to proceed) to do
so. To proceed within such time as may be ordered; and in
default of such proceeding the action or matter may be struck
out, and the court or a magistrate may award costs to the
defendant, or (as the case may be) to the person against whom
the action or matter might be continued, in the same manner
as in other cases of striking out; and in such case, if the
plaintiff has died, execution may be issued for such costs on
an application for leave to issue execution in manner
provided by rule 10 of Part XXI.
11. Where a plaintiff or a defendant is substituted or
added under any of the foregoing rules, the Record Book of
Causes shall be altered and all subsequent proceedings shall
be carried on under the altered title.
PART XVI
ARBITRATION
1. An application for reference to arbitration under
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application for
arbitration.
c. 7:01
Form 39.

Form of order
for arbitration.
Form 40.
Appointment
of umpire.

Filling up the
place of
arbitrator or
umpire who
shall die, etc.

Form of award.
Form 41.

Powers of the
arbitrators or
umpire.
section 26 of the Summary Jurisdiction (Petty Debt) Act may
be made orally during the hearing of any action or matter and
otherwise in writing in Form 39 at any time before final
judgment.
2. The order referring the action or other matter to
arbitration shall be in Form 40 and shall name the arbitrator or
arbitrators and set forth specifically the matters in difference
between the parties which they are to determine and fix a
time within which the arbitrator or arbitrators shall make
their award, which time the court or a magistrate may from
time to time enlarge.
3. In case of difference of opinion between the
arbitrators, the court or a magistrate may appoint an umpire
upon notification to it or him made by the arbitrators or either
of them of the fact that the difference exists. The court or a
magistrate may fix a time within which the umpire shall make
his award and may likewise from time to time enlarge that
time
4. If any arbitrator or umpire shall die or become
incapable of acting in the reference or shall refuse to act, the
court or a magistrate may appoint a new arbitrator or umpire
in place of the person so dying, becoming incapable of acting,
or refusing to act.
5. The award shall be in writing in Form 41, and shall
find conclusively in the matters referred to, and may not find
on the contingency of any matter of fact being afterwards
substantiated. When several matters are referred, it shall find
severally as to each of such matters.
6. The arbitrators or umpire acting under any order
of reference shall, unless the contrary intention appears, have
power—
(a) to administer oaths or take the
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Reservation of
question of law
by court or
magistrate.

Compelling
attendance of
witnesses.

c. 7:01

Remuneration
of arbitrators
and umpire.
affirmations of the parties and
witnesses appearing; and
(b) to correct in an award any clerical mistake or error arising from any
accidental slip or omission.
7. The court or a magistrate may upon reference of
any matter of fact to an arbitrator or arbitrators reserve any
question of law for its or his own decision, and any judgment
based upon the award of an arbitrator or arbitrators shall be
framed and entered in accordance with the determination by
the court or a magistrate of any such question of law.
8. (1) Witnesses may be summoned to give evidence
before the arbitrator or arbitrators or the umpire and be
examined in the same manner as if the action or matter had
remained for determination by the court, and a magistrate
shall issue all summonses for witnesses required in
connection with the reference in the same manner and form as
if the court were hearing and determining the action or
matter.
(2) Sections 11, 15 and 16 of the Summary
Jurisdiction (Petty Debt) Act and these Rules shall apply to a
witness whom it is desired to bring before an arbitrator or
arbitrators or umpire or to examine as they do to a witness
summoned to appear before the court.
9. The remuneration to be paid to any arbitrator or
arbitrators or umpire shall be determined by the court or a
magistrate who shall have power to determine by which party
it shall be ultimately borne, and may award such
remuneration as costs against such party, whether a
successful party or not. Any such award may be enforced
against the party directed to pay the same by a writ of
execution.
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Power to order
particular facts
to be proved
by affidavit, or
witness to be
examined by
examiner.

Notice to
inspect and
admit
document
proposed to be
put in
evidence.
PART XVII
EVIDENCE, HEARING, JUDGMENT
1. The court or a magistrate may at any time for
sufficient reason order that any particular fact or facts may be
proved by affidavit, or that the affidavit of any witness may
be read at the hearing, on such conditions as it or he may
think reasonable, or that any witness whose attendance in
court ought for some sufficient cause be dispensed with be
examined by interrogatories or otherwise before an examiner:
Provided that, where it appears to the court or a
magistrate that the other party bona fide desires the production
of a witness for cross-examination, and that such witness can
be produced, an order shall not be made authorising the
evidence of such witness to be given by affidavit.
2. (1) Where a party desires to give in evidence any
document, he may, not less than three clear days before the
day of hearing give notice to any other party in the action or
matter who is competent to make admissions requiring him to
inspect such document and to admit that it is an original and
was written, signed or executed as it purports to have been, or
that it is a true copy if it purports to be such, or that it was
served, sent or delivered as it is stated to have been served,
sent or delivered; and if such other party does not within two
days after receiving such notice make such admission, any
expense of proving any of the said facts at the hearing shall be
paid by him, whatever may be the result, unless the court
otherwise orders; and no costs of proving any document or
any of the said facts shall be allowed unless such notice has
been given, except in cases where, in the opinion of the court
at the hearing, the omission to give such notice has been a
saving of expense.
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Form 42.

Notice
to admit or
produce.
Form 43.
Form 44.
Costs of notice
to admit or
produce.

Documents
produced from
proper custody
to be read
without proof
unless objected
to.

Examination of
witnesses
before trial.
(2) An admission of any document or documents
or facts under paragraph (1) of this rule shall be in Form 42.
3. (1) Notices to admit, or to produce documents at
the hearing shall be respectively in Forms 43 and 44, with
such variations as circumstances may require.
(2) An affidavit of the party or his counsel, or of
some person in the permanent and exclusive employ of
either of them, of the service of any notice to admit or
produce, shall in all cases be sufficient evidence of the
service of the notice, and of the time when it was served.
4. If a notice to admit, or to produce documents at the
hearing, comprises documents which are not necessary, the
costs occasioned thereby shall be borne by the party giving
such notice.
5. (1) Where any documents which would, if duly
proved, be admissible in evidence are produced to the court
from proper custody they shall be read without further proof,
if in the opinion of the court they appear genuine, and if no
objection is taken thereto; and if the admission of any
documents so produced is objected to, the court may adjourn
the hearing for the proof of the documents, and the party
objecting shall pay the costs caused by such objection, in case
the documents shall afterwards be proved, unless the court
otherwise orders.
(2) Proper custody‛ is the keeping of some person
who on the supposition of the authenticity of the document,
would reasonably be expected to have them.
6. The court may, in any action or matter where it
appears necessary for the purposes of justice, make an order
for the examination upon oath before the court or any officer
of the court or any other person, and at any place in Guyana,
of any witness or person, and may empower any party to any
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Order under
Pawnbroking
Act.
c. 91:09
Affidavits to be
expressed in
the first
person.
Sources of
knowledge to
be stated.

Costs of
affidavit of
unnecessary
matter.
Affidavits how
to be intituled.
such action or matter to give such deposition in evidence
therein on such terms, if any, as the court may direct.
7. An order made under section 41 (1) of the
Pawnbroking Act for the attendance before a magistrate and
for the production of any books and papers relating to the
pawnbroking business shall be binding upon the manager or
other person having charge of that business and shall be
complied with immediately, and the person so directed to
attend may be examined on oath as if he had been summoned
as a witness in the ordinary way.
8. All affidavits shall be expressed in the first person,
and shall be drawn up in paragraphs and numbered.
9. All affidavits shall state the deponent’s occupation,
quality, and place of residence, and also what facts and
circumstances deposed to are within the deponent’s own
knowledge, and his means of knowledge, and what facts and
circumstances deposed to are known to or believed by him by
reason of information derived from other sources than his
own knowledge, and what such sources are.
10. The costs of every affidavit which unnecessarily
sets forth matters of hearsay, or argumentative matter, or
copies of or extracts from documents, shall be paid by the
party filing the same.
11. Every affidavit shall be intituled in the action or
matter in which it is sworn; but in every case in which there
are more than one plaintiff or defendant, it shall be sufficient
to state the full name of the first plaintiff or defendant
respectively, and that there are other plaintiffs or defendants,
as the case may be; and the costs occasioned by any
unnecessary prolixity in any such title shall be disallowed by
the court or the magistrate.
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Affidavit to
show on whose
behalf filed.
Costs of
affidavits when
disallowed.
Form of jurat
when there are
several
deponents.

Filing of
affidavits.

Affidavits not
to be filed if
sworn before
party’s
solicitor.

Erasure,
blotting,
interlineation
etc., in
affidavits.
12. It shall be stated in a note at the foot of every
affidavit filed on whose behalf it is so filed, and such note
shall be copied on every office or other copy furnished to a
party.
13. The costs of affidavits not in conformity with the
preceding rules shall be disallowed unless the court otherwise
directs.
14. In every affidavit made by two or more deponents
the names of the several persons making the affidavit shall be
inserted in the jurat, except that if the affidavit of all the
deponents is taken at one time by the same officer it shall be
sufficient to state that it was sworn by both (or all) of the
‚abovenamed‛ deponents.
15. Before any affidavit is used it shall be filed in the
office of the clerk; but this rule shall not hinder the court or a
magistrate from making an order in an urgent case upon the
undertaking of the applicant to file any affidavit sworn before
the making of such order.
16. No affidavit shall be filed if it has been sworn
before a commissioner who was, at the time of the swearing of
the same, the solicitor acting for the party on whose behalf
such affidavit is to be used, or the agent, correspondent,
partner, or clerk of such solicitor, or who is the party himself.
17. No affidavit or other document shall be filed or
used in any action or matter, unless the court or magistrate
otherwise orders, which is blotted so as to obliterate any
word, or which is illegibly written, or so altered as to cause it
to be illegible, or in the body or jurat of which there is any
interlineation, alteration, or erasure, unless the person before
whom the same is sworn has duly initialled such
interlineation or alteration, and in the case of an erasure, has
rewritten and signed in the margin of the affidavit or
document the words or figures appearing to be written on the
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Illiterate or
blind
deponent.

Use of
defective
affidavit.

Affidavits of
service.
Inspection of
property by the
court or
magistrate and
the costs
thereof.

Hearing of
action.

erasure, or which is so imperfect on the face thereof by reason
of having blanks thereon or otherwise that it cannot easily be
read or understood.
18. Where an affidavit is sworn by any person who
appears to the officer taking the affidavit to be illiterate or
blind, the officer shall certify in the jurat that the affidavit was
read in his presence to the deponent, and that the deponent
seemed perfectly to understand it, and that the deponent
made his signature in the presence of the officer. No such
affidavit shall be used in evidence in the absence of this
certificate, unless the court or the magistrate is satisfied that
the affidavit was read over to and appeared to be perfectly
understood by the deponent.
19. The court or the magistrate may receive an
affidavit sworn for the purpose of being used in any action or
matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other
irregularity in the form thereof, and may direct a
memorandum to be made on the document that it has been so
received.
20. Affidavits of service, when required, shall state
when, where, how, and by whom service was effected.
21. The court or a magistrate may, with or without
any application, inspect any property or thing concerning
which any question may arise in any action or matter. The
expenses of any inspection under this rule shall be paid in the
first instance by the party on whose application such
inspection is made, or if the inspection is made without such
application, by the party, who, in the opinion of the court,
ought to bear such expenses in the circumstances of the case.
22. An action or matter may be heard and
determined on the return day if the court considers it just and
convenient so to do.
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No evidence of
facts admitted.

The defendant
to begin in
certain cases.

Application for
judgment.

Points of law
may be raised
on the
proceedings.

Dismissal of
action.
23. (1) It shall not be necessary for any party to give
evidence in proof of any fact or matter which has been
admitted by the opposite party before or at the hearing of the
action.
(2) If the defendant admits all the allegations of
fact in the plaint, but sets up any matter by which in law he
claims to be entitled to judgment notwithstanding such
admission, the plaintiff and his witnesses shall be deemed to
have been heard by the court in proof of the said allegations
and the court may proceed to hear the defendant and any
witnesses he examines and any evidence he adduces in his
defence:
Provided that in such case the plaintiff shall be at liberty
without leave of the court to give evidence and examine
witnesses in reply.
24. Any party may at any stage of the hearing of an
action or matter apply to the court for such judgment or order
as upon any admissions of the opposite party or any facts
proved up to that stage of the hearing he may be entitled to,
without waiting for the conclusion of the case of the plaintiff
or of the defendant, and the court or a magistrate may upon
such application make such order or give such judgment, as
may be just.
25. Any party shall be entitled at any stage of the
proceedings to raise any point of law which appears on the
face of the plaint or in a defendant’s answer or defence, or
particulars of defence, and any point so raised shall be
disposed of by the court or a magistrate on the application of
either party at any time before or at the hearing.
26. If, in the opinion of the court or a magistrate, the
decision of such point of law substantially disposes of the
whole action or any distinct cause of action, ground of
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Striking out of
plaint or giving
judgment
against
defendant
where no
reasonable
cause of action
or answer
disclosed.

Consent to
judgment.
c. 7:01
Form 45.
Power to
proceed ex
parte.
Procedure for
obtaining
judgment ex
parte.
defence, set-off, or counter-claim, the court or a magistrate
may thereupon dismiss the action or make such other order
therein as may be just.
27. The court or a magistrate may order any plaint to
be struck out on the ground that it discloses no reasonable
cause of action, or may order judgment to be entered for the
plaintiff against the defendant on the ground that the answer
or defence discloses no reasonable ground of defence.
28. The consent to judgment referred to in section 13
(1) of the Summary Jurisdiction (Petty Debt) Act shall be in
Form 45, and the defendant’s signature, or mark in the case of
a person unable to write his signature, shall be attested by two
credible witnesses, by a justice of the peace, or a notary public,
or by the clerk, to every one of whom the defendant must be
personally known.
29. If the court is not satisfied that the signature or mark is that of the defendant, it may proceed to judgment ex
parte in the absence of the defendant.
30. (1) Where the plaintiff seeks to recover a debt or
liquidated demand in money payable by the defendant
arising upon any contract, expressed or implied, (as for
instance, on a bill of exchange, promissory note, or cheque or
other simple contract debt), or on a bond or contract under
seal for payment of a liquidated amount of money, or on a
written law where the sum sought to be recovered is a fixed
sum or in the nature of a debt other than a penalty, or on a
guarantee, whether under seal or not, where the claim against
the principal is in respect of a debt or liquidated demand, the
hearing and determination of the cause on the part of the
plaintiff only in the absence of the defendant referred to in
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c. 7:01
Form 46.

Judgment
payable by
instalments.
c. 7:01

Order
suspending
judgment, etc.
c. 7:01
Form 47.

Judgment for
specific
performance.
c. 90:10
section 20 of the Summary Jurisdiction (Petty Debt) Act may
in the discretion of the court be upon evidence by affidavit.
(2) If there is no appearance of the defendant when
he is called in court and there is due proof of service of the
summons, the court may put down the case for an affidavit by
the plaintiff or by any other person who can swear positively
to the facts, verifying the cause of action, and the amount
claimed and stating that he has personal knowledge of the
transaction and that in his belief there is no defence to the
action.
(3) The affidavit which shall be in Form 46 shall
be delivered to the clerk who shall forthwith file the same
and judgment shall be entered thereupon by the court or a
magistrate at any time after the filing thereof.
31. Where the amount of any judgment is, under
section 34 of the Summary Jurisdiction (Petty Debt) Act,
ordered to be paid at any time, or at times, or by instalments,
the failure to pay at any such time, or at one of such times, or
by any such instalment, or the issue of execution against the
judgment debtor on any other judgment shall render the
whole judgment or the entire balance then due thereon
payable at the moment of such failure, or issue of such
execution, and any informal order stating that a judgment is
entered ‚on the usual conditions‛ shall have this effect.
32. The order suspending judgment or execution, or
for the discharge of a debtor under section 42 of the Summary
Jurisdiction (Petty Debt) Act shall be in Form 47 and may be
made upon such evidence by affidavit or otherwise as the
magistrate may think fit.
33. The judgment or decree of the court for specific
performance of a contract to deliver specific or ascertained
goods under section 52 of the Sale of Goods Act, shall be in
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Form 48.

c. 7:01
Form of
judgment
against
married
woman.
Form 49.

Drawing up of
judgments or
orders.
c. 7:01
Court may
direct
judgment or
order to be
drawn up.
Form 50.
Form 48 and may be enforced in like manner as a judgment or
order for the recovery of any chattel or thing pursuant to
section 24 of the Summary Jurisdiction (Petty Debt) Act is
enforced under rule 7 of Part XXI.
34. (1) Where judgment is given against a married
woman or against a widow or a divorced woman in respect of
a contract or tort before or during coverture, such judgment
shall be expressed on the married case jacket in terms of Form
49 with such additions and variations as the circumstances of
the case may make necessary. If so directed by the court or a
magistrate, the judgment shall be formally drawn up in the
said Form.
(2) Where a married woman plaintiff has been
ordered to pay any costs or compensation to the opposite
party the judgment shall be expressed on the case jacket in
terms of the form applicable in the circumstances of the case
to a judgment against a married woman who is a defendant.
35. Subject to the Summary Jurisdiction (Petty Debt)
Act, and save as is otherwise specifically provided by any Act
or these Rules, no formal judgment or order in any action or
matter need be drawn up, but it shall be sufficient evidence that the judgment or order was made and of the contents
thereof, if a concise minute of the judgment or order is entered
on the jacket in which the proceedings in the action or matter
are filed and signed by the magistrate.
36. (1) The court or a magistrate may on the
application of either party or without such application,
direct that a judgment or order be formally drawn up, and
in that case the clerk shall draw up the formal judgment or
order in Form 50, and file the same after authentication
thereof by the signature of the magistrate.
(2) Any person may apply to the clerk for a
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Special case by
consent.

Special case by
order before
hearing.

Submission of
questions of
law to judge in
Workmen’s
Compensation
cases.
Cap. 111
certified copy of such judgment or order.
PART XVIII
SPECIAL CASE
1. The parties to any action or matter may concur in
stating the questions of law arising therein in the form of a
special case for the opinion of the court. Every such special
case shall be divided into paragraphs numbered
consecutively, and shall concisely state such facts and
documents as may be necessary to enable the court to decide
the questions raised thereby. Upon the argument of such case
the court and the parties shall be at liberty to refer to the
whole contents of such documents, and the court shall be at
liberty to draw from the facts and documents stated in any
such special case any inference, whether of fact or law, which
might have been drawn therefrom if proved at a hearing.
2. If it appears to the court or a magistrate, that there
is in any action or matter a question of law, which it would be
convenient to have decided before any evidence is given or
any question or issue of fact is heard, or before any reference
is made to an arbitrator or arbitrators, the court or a
magistrate may make an order accordingly, and may direct
such question of law to be raised for the opinion of the court,
either by special case or in such other manner as the court or a
magistrate may deem expedient, and all such further
proceedings as the decision of such questions of law may
render unnecessary may thereupon be stayed.
3. (1) Where under section 39 of the Workmen’s
Compensation Ordinance a magistrate submits any question
of law for the decision of a judge, such submission shall be in
the form of a special case.

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1953 Ed.

Special case to
be typewritten.
(2) The case shall be intituled in the matter of the
Act and of the application for compensation or for
determination of the question arising out of an accident, and
shall be divided into paragraphs numbered consecutively,
and shall state concisely such facts and documents as may be
necessary to enable the judge to decide the questions of law
raised thereby. Upon the argument of the case the judge and
the parties shall be at liberty to refer to the whole contents of
such documents, and the judge shall be at liberty to draw
from the facts and documents stated in the case any inference,
whether of fact or of law, which might have been drawn
therefrom if proved at the hearing of an application.
(3) The case shall be signed by the magistrate and
sent to the Registrar, who shall transmit the same to a judge.
(4) The clerk shall on application and at the cost
of any party, furnish him with a certified copy of the case.
(5) On a day and at an hour fixed by the judge of
which notice shall be given by the Registrar to the parties,
they shall appear before the judge on the hearing of the case.
(6) The judge may remit the case to the
magistrate for re-statement or further statement.
(7) On the hearing of the case the judge shall,
after deciding the question submitted to him, remit the case
with a memorandum of his decision to the magistrate for him
to proceed thereon in accordance with the decision and the
judge shall have power to direct the manner in which the
costs of the special case shall be borne finally.
4. Every special case shall be typewritten and signed
by the several parties or their counsel and shall be lodged by
the plaintiff with the clerk.

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Taxation of
costs.

Disallowance
of costs for
improper or
vexatious or
unnecessary
proceeding.
PART XIX
COSTS
1. (1) The costs of and incidental to any action or
matter may be directed to be taxed and when so directed the
amount thereof shall be ascertained by the clerk within
fourteen days from the date of the judgment or order on a bill
presented by the party entitled to deliver the same and
submitted to the court or a magistrate for approval, and when
approved shall be deemed to be taxed.
(2) When costs are directed to be taxed they shall
be taxed in accordance with the scale of costs set forth in the
Schedule to the Act. The party entitled to recover such costs
shall within seven days from the date of the judgment or
order, or such further time as may be allowed by the court or
a magistrate, deliver a bill of costs to the opposite party, and
file a copy thereof with the clerk.
(3) The court or a magistrate may in any case in
which it appears just to do so, instead of directing the costs of
any action or matter to be taxed, either at the time of
pronouncing judgment or at any time thereafter, fix a lump
sum as the costs of and incidental to the action or matter to be
paid to the party entitled by the judgment or order to receive
costs. In fixing the amount of any such lump sum the court or
a magistrate shall have regard to the probable sum to which
the costs, if taxed, would amount.
2. The court or a magistrate may, at the hearing of
any action or matter, and whether the same is objected to or
not, direct the costs of any affidavit, evidence, notice, or other
proceeding, or any part thereof, which is improper, vexatious,
unnecessary, or contains vexatious or unnecessary matter, or
is of unnecessary length, or is caused by misconduct or
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Proceeding
when costs
disallowed.

Costs of
discovery of
documents.

Allowances to
witnesses.

Special
allowance for
hotel expenses.
negligence, to be disallowed; and in such case the party whose
costs are to be disallowed shall pay the costs occasioned
thereby to the other parties.
3. In any case in which under the last preceding rule
or any other rule or by the order of a court or a magistrate, or
otherwise, a party entitled to receive costs is liable to pay costs
to any other party, the court or a magistrate, or the clerk if
directed so to do by the court or a magistrate, may assess the
costs such party is so liable to pay and may adjust the same by
way of deduction or set-off, or may delay the allowance of the
costs such party is entitled to receive, until he has paid or
tendered the costs he is liable to pay, or may allow the costs to
be paid, and direct payment thereof, and the same may be
recovered by the party entitled thereto in the same manner as
costs ordered to be paid may be recovered.
4. In every action or matter the costs of discovery of
documents as provided for in rules 1 and 9 of Part XIV, which
may be ordered to be secured in the first instance in
accordance with rule 12 of Part XIV by the party seeking such
discovery, shall be allowed as part of his costs, where, and
only where, such discovery appears to the court or a
magistrate at the hearing or at any other time, to have been
reasonably asked for.
5. Allowances may be made to witnesses, and in the
discretion of the court or a magistrate to plaintiffs and
defendants, if personally attending the court, for the cost of
travelling to and from the court and for their attendance at
court, according to the Schedule to the Act.
6. In any special case there may be allowed to any
witness, and to the plaintiff or defendant if personally
attending the court, for hotel expenses, the sum actually and
reasonably paid by them, or any less sum as the court or a
magistrate may think fit.
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Apportion-
ment of
allowance to
witnesses.
Allowance to
witnesses not
examined.
Costs
connected with
plans, etc.

Form 51.
7. If witnesses attend in more than one action or
matter they shall be allowed in any one action or matter a
proportionate part only of their allowances.
8. The costs of witnesses, whether they have been
examined or not, may, unless otherwise ordered, be allowed.
9. (1) Persons who prepare plans, drawings, charts,
or models for the purpose of illustration, or who make
tracings and copies of any plans, drawings, charts, or models,
and who, if called at the hearing, etc. prove only the
correctness of such plans, drawings, charts, models, tracings,
or copies shall not be entitled to allowances as expert and
scientific witnesses, but shall be allowed in addition to the
allowance which may be made to them as ordinary witnesses,
such sum as the court or a magistrate may direct for the
preparation of such plans, drawings, charts, models, tracings,
and copies not exceeding the amount mentioned in the
Schedule to the Act:
Provided that the party intending to prepare any plans,
drawings, charts, models, tracings, or copies shall, before
incurring any expense in respect of the same, serve on the
opposite party notice of his intention to do so, and unless the
opposite party within three clear days after receipt of such
notice admit in writing the fact or facts capable of being
proved by such plans, drawings, charts, models, tracings, or
copies, the party giving such notice may proceed with the
preparation and making of all such plans, drawings, charts,
models, tracings, or copies.
(2) The notice to the opposite party shall be in
Form 51 and shall set forth particulars of the matters and
features proposed to be shown on such plans, drawings,
charts, or models and shall also state in the form of short
statements the matters of fact which the party giving the
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Costs for
qualifying to
give evidence.

Application for
new hearing.
c. 7:01
notice
(3) The court may, in any case in which it appears
just, direct that any party on whom any such notice has been
served and who neglects or refuses to make any admissions
required by the notice pay the costs of preparing and making
any plans, drawings, charts, models, tracings, or copies,
although that party may have succeeded in the action or
matter.
(4) The costs of preparing and making any such
drawings, charts, models, tracings, and copies, may be
allowed to the party producing them without calling the
person preparing or making them, if the party producing
them gives to the opposite party the notice provided in
paragraph (2), and the opposite party refuses to make the
admissions required by such notice but states that he has no
objection to the party giving the notice putting in evidence at
the hearing all or any of such drawings, charts, models,
tracings, and copies without calling the person preparing or
making the same, subject to all just exceptions and objections.
10. The court or a magistrate may allow costs for
qualifying to give evidence by, and for the attendance in court
of any expert, scientific, or other witnesses, or any member of
the medical profession.
PART XX
NEW HEARING
1. (1) An application under section 20 of the
Summary Jurisdiction (Petty Debt) Act or under rule 5 of Part
VII to set aside any judgment given or the execution
thereupon and for a new hearing shall be made to the court or
a magistrate within fourteen days after the hearing of the
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New hearing
on particular
question.

Restoration of
action or
matter struck
out.
c. 7:01

action or such further time as the court or a magistrate may
allow. The application shall be dealt with, if possible, by the
magistrate who entered judgment against the defendant.
(2) In any case in which the judgment has been
obtained in accordance with rule 30 of Part XVII, the
application shall be supported by an affidavit of merits.
(3) Unless the court or a magistrate otherwise
orders, a defendant applying for an order to set aside a
judgment obtained in the absence of the defendant, shall upon
the making of the order, pay to the plaintiff all the costs
thrown away by reason of the hearing becoming abortive
(including the costs of the application) and the amount of all
such costs shall be fixed in the order, if drawn up.
(4) No order for a new hearing under this rule shall become operative until all such costs have been paid and
the receipt for the payment thereof presented to the clerk who
shall forthwith endorse on the order the hour, day, and date
of such presentation.
2. A new hearing may be ordered under this Part on
any one question, without interfering with the decision upon
any other question.
3. When any action or matter has been struck out
under section 19 of the Summary Jurisdiction (Petty Debt)
Act, the court or a magistrate may, at any time within seven
days from the date of striking out, order such action or matter
to be restored to the list for hearing either on the same day or
on any subsequent day, and may set aside any order
awarding costs to the opposite party which may have been
made, upon such terms as to payment of costs of the day,
adjournment of hearing, notice to the opposite party, and
otherwise, as may be just.

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Application
for new
hearing.
c. 7:01

Mode of
making
application.
Form 52.

Affidavit in
support.
c. 7:01

Application
for new
hearing not a
stay of
execution.
4. An application under section 32 of the Summary
Jurisdiction Application for (Petty Debt) Act for a new hearing
may be made at the same sitting of the court at which the
action was heard, if both parties be present, or not more than
twenty-eight clear days after the date of the termination of the
action of which a new hearing is desired.
5. When it is intended to make any application
contemplated in rules 1, 3 and 4 of this Part at a subsequent
sitting of the court, the applicant shall deliver to the clerk a
notice of application in Form 52 and serve on the opposite
party a copy of such notice containing the date of hearing of
the application.
6. (1) Every application under section 32 of the
Summary Jurisdiction (Petty Debt) Act shall be supported by
affidavit verifying the facts upon which the defendant relies
and a copy of the affidavit shall be served with the notice in
writing upon the opposite party.
(2) The person making the application shall obtain
from the clerk the appointment of a day for the hearing of the
application, which day shall not be less than three clear days
after the service of the notice.
7. No application for a new hearing shall operate as a
stay of execution unless the court or a magistrate otherwise
orders; and if any money paid into court under any execution
or order in the action has not been paid out at the time when
the application is made, the clerk shall retain the same to
abide the event of the application, or until the court or a
magistrate shall otherwise order. And if the application is not
proceeded with, the money shall, if required, be paid over to
the party in whose favour execution was issued or the order
was made, unless the court or a magistrate otherwise orders.

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Execution on
judgment
against a firm.
PART XXI
EXECUTION
1. (1) Where a judgment or order is against a firm,
execution may issue in the manner following—
(a) against the property of the partnership;
(b) against any person who has admitted before the court in the proceedings in
which the judgment or order was
obtained that he was a partner at the
time of the accruing of the cause of
action, or who has been adjudged to
be liable as a partner;
(c) against any person who was
individually served with the
summons as a partner or a person
sought to be made liable and, if there
was a hearing, who failed to appear at
the hearing.
(2) If the party who has obtained the judgment or
order claims to be entitled to issue execution against any other
person as a member of the firm, he may, after giving to such
person two clear days’ notice of his intention, apply to the
court or a magistrate for leave so to do; and the court or a
magistrate in the district in which the judgment was given
may give such leave if the liability is not disputed, or, if such
liability is disputed, may order that the liability of such
person be tried and determined in an action to be commenced
by plaint and summons in the ordinary way.
(3) Except as against any property of the
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Withdrawal of
execution by
execution
creditor.
Costs of writs.
partnership, a judgment against a firm shall not render liable;
release, or otherwise affect any member thereof who was out
of Guyana when the summons was issued.
2. (1) Where an execution creditor requests the bailiff
in writing to withdraw from possession, the execution
creditor shall be deemed to have abandoned the execution,
and the bailiff shall return the writ of execution as
withdrawn by order of the execution creditor, and the
execution creditor shall not be entitled to require the writ of
execution to be re-issued, unless the request is made—
(a) under rule 6 of Part XXII, in consequence of a claim having been
made to the goods seized under rule 5
of that Part, in which case execution
shall be deemed to be abandoned in
respect only of the goods so claimed;
or in pursuance of an arrangement
between the execution creditor and
the execution debtor and
communicated to the bailiff, that the
bailiff shall be at liberty to re-enter.
(b) in pursuance of an arrangement
between the execution creditor and
the execution debtor and
communicated to the bailiff, that the
bailiff shall be at liberty to re-enter.
(2) Nothing in this rule shall prejudice any right of
the execution creditor to apply for a fresh warrant to be
issued.
3. Except as otherwise provided by these Rules, the
costs of writs of execution, whether executed or unexecuted or
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Inventory and
notice of sale of
goods levied
under
execution.
Account of sale
under
execution.

Stay of
proceedings
issued without
leave after
administration
order.
Form 53.
c. 12:21

Execution for
delivery of
goods.
c. 7:01
unproductive, shall be allowed against the execution debtor,
unless the magistrate otherwise directs.
4. Where goods taken in execution are removed, the
bailiff shall give to the execution debtor a sufficient inventory
of the goods so removed, and such inventory shall contain at
the foot thereof a notice of the time when and place where
such goods will be sold. It shall be served on the execution
debtor at the time of, or immediately after, the removal of the
goods.
5. Where goods are sold in execution, the bailiff shall,
on the request of the execution debtor, furnish him with a
detailed account in writing of the sale, and of the application
of the proceeds thereof.
6. Where after a writ of execution has issued against
the goods of a debtor, the debtor files in the court out of
which the warrant was issued an affidavit in accordance with
Form 53, stating that an order for the administration of his
estate (called an administration order) has been made under
the provisions of the Insolvency Act, and that the debt in
respect of which the writ issued has been notified to the court
in which the administration order was made, and that the
judgment creditor has not obtained leave to proceed from that
court, annexing to such affidavit a certificate from the
Registrar of the court in which the administration order was
made, and forthwith upon such affidavit being so filed, gives
notice to the judgment creditor of the filing thereof, further
proceedings under the execution shall be stayed.
7. Where a judgment or order is for the recovery of
any chattel or thing other than money, pursuant to section 24
of the Summary Jurisdiction (Petty Debt) Act, the court or a
magistrate may, upon the c. 7:01 application of the plaintiff,
order in default of delivery that a writ shall issue for the
delivery of the property, without giving the defendant the
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Penalty for
disobeying
order of the
court or a
magistrate for
delivery of
goods.
Writs of
delivery.
Form 54.
Form 55.
Form 56.
Form 57.

Application for
leave to issue
process on
change of
parties after
judgment, etc.
option of retaining the same upon payment of the value
thereof, and that if the property cannot be found, and unless
the court or a magistrate otherwise orders, the bailiff shall
distrain the defendant by all his goods and chattels till the
defendant delivers the property; or at the option of the
plaintiff, that the bailiff shall cause to be made of the
defendant’s goods the assessed value, if any, of the chattel or
thing.
8. The defendant shall obey every order of the court
for the delivery of the chattel or thing recovered in an action,
and in default of compliance therewith shall be guilty of an
offence and on conviction under the Summary Jurisdiction
Acts shall be liable to a fine of seventy-five dollars.
9. Writs of delivery shall be in Forms 54,55,56, and
57; and when a writ of delivery is issued, the plaintiff shall,
either by the same writ or a separate writ of execution, be
entitled to have made of the defendant’s goods, any damages
and costs awarded.
10. (1) Where any change has taken place after
judgment, by death, assignment, insolvency, or otherwise, in
the parties entitled to take proceedings to enforce a judgment
or order, or in the parties liable to such proceedings, the
person alleging himself to be entitled to enforce the judgment
or order may apply to the court or a magistrate in the district
in which the judgment was given for leave to issue execution
accordingly.
(2) If satisfied that the party so applying is entitled
to issue execution, the court or a magistrate may make an
order to that effect, or may order that any issue or question
necessary to determine the rights of the parties shall be tried
and determined in the ordinary way in which any question in
an action may be tried and determined, and in either case the
court or a magistrate may impose such terms as to costs or
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Form 58.
Form 59.


Deceased’s
property
bound by
execution.

c. 12:01

otherwise as shall be just.
(3) Application for leave to issue execution under
this rule shall be made in one of the Forms 58 and 59, with the
necessary variations, and shall be supported by an affidavit of
facts made by or on behalf of the party applying—
(a) stating the date of the judgment, the
amount of the original debt, and the
amount still remaining due;
(b) showing that the applicant is entitled
to issue execution, that is, that there
has been no change of parties or
devolution of interest, or if any such,
the precise nature of it;
(c) setting out the ground of the liability
of the person against whom it is
desired to issue execution.
(4) Where a judgment creditor has died or has
become an insolvent, or there has been an assignment of a
judgment debt, the application shall be made ex parte, and
notice of any order thereon served on the party liable to the
proceedings; but where a judgment debtor has died, notice of
the application shall be served on the legal personal
representative of the deceased judgment debtor who shall be
entitled to be heard thereon.
11. Execution issued by leave under rule 10 hereof
against the legal personal representative of a deceased
judgment debtor shall bind all the property and estate which
by law devolved upon and vested in such personal
representative by virtue of his office, and may be levied
against such property and estate, subject to the Deceased
Persons Estates’ Act, in the same manner and to the same
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Landlord’s
claim.
c. 7:01
Form 60.
Debtor’s
interest in
lease.
c. 7:01
extent as c. 12:01 if the deceased judgment debtor were alive.
12. (1) The claim of a landlord under section 50 (2) of
the Summary Jurisdiction (Petty Debt) Act to any rent shall be
in Form 60.
(2) Notice of the landlord’s claim shall be served
by the bailiff on the execution creditor and the execution debtor.
13. (1) When it is desired to sell the right, title, and
interest in and to the land comprised within a lease existing
in favour of the owner of a house or other building on leased
land pursuant to section 50 of the Summary Jurisdiction (Petty
Debt) Act, the execution creditor shall supply the bailiff with
a general description and particulars of the right, title, and
interest of the execution debtor under that lease so as to show
the residue of the term then unexpired in favour of the
defendant, the parcels affected, the rent reserved, and the
other terms of the said lease.
(2) Where the execution creditor is unable from
want of knowledge of the facts affecting any lease to supply
the general description and particulars of the right, title, and
interest of the execution debtor, he shall after causing the
house or building to be seized and taken in execution apply
for the issue of a summons out of the court requiring the
execution debtor to appear before the court or a magistrate to
be examined on oath concerning his right, title, and interest in
and to the land on which the house or other building of the
execution debtor stands. The application shall be made in the
proceedings in which the writ of execution was issued by
filing a statement of the facts, and a copy of that statement
shall be annexed to a summons which shall be served on the
execution debtor in the same manner in which a summons in
an ordinary action is served. The general description and
particulars of the execution debtor’s right, title, and interest
obtained from such examination shall be added to the
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c. 7:01

Garnishee
proceedings.
c. 7:01
description of the house or other building and included in any
advertisement of sale thereof.
(3) The summons shall require the execution
debtor to appear to give evidence and to produce all deeds,
contracts, letters, and other documents and papers in the
possession of the execution debtor relating to his right, title,
and interest in the land affected, and in default of so doing,
the execution debtor shall be guilty of an offence in respect of
his disobedience to every such summons to appear and give
evidence and produce documents and upon conviction under
the Summary Jurisdiction Acts shall be liable to a fine of
seventy-five dollars.
(4) Any other person may be summoned as a
witness to give evidence and to produce documents at the
hearing of any such application in manner prescribed by
section 15 of the Summary Jurisdiction (Petty Debt) Act.
(5) The costs of any proceedings under this rule
shall be added to the costs of the execution.
14. (1) Where a judgment creditor who has obtained a
judgment or order for the recovery or payment of money has
procured the issue of a writ of execution for enforcing such
judgment or order and desires the bailiff under section 44 (c)
of the Summary Jurisdiction (Petty Debt) Act to attach any
salary, wages, or other sum of money due to the judgment
debtor, he shall deliver to the bailiff an affidavit stating that
the judgment has been recovered or an order made, and that it
is still unsatisfied, and to what amount, and that any other
person in Guyana (hereinafter called the garnishee) is
indebted to the judgment debtor in respect of any salary,
wages, or other sum of money, giving particulars of the
garnishee’s indebtedness to the judgment debtor.
(2) The bailiff upon receipt of such affidavit shall
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c. 7:01

Discretion to
withhold
attachment in
case of
hardship.
Mode of
enforcing
payment by
endorse thereon an application to the court or a magistrate for
a summons to be served upon the garnishee and the judgment
debtor requiring them to appear before the court or a
magistrate to show cause why the garnishee should not pay to
the bailiff the debt due from him to such judgment debtor, or
so much thereof as may be sufficient to satisfy the judgment
or order, together with the costs of the garnishee proceedings.
(3) Service of the summons upon the garnishee
shall bind such salary, wages or other sum of money in the
garnishee’s hands.
(4) A copy of the affidavit shall be attached to the
summons so issued and on payment of the proper fees for
service the summons shall be served upon the garnishee and
the judgment debtor, and the proceedings shall continue in
the same manner as if a plaint attached to the summons had
been served upon defendants in any ordinary action.
(5) The provisions of sections 15 to 22 (inclusive)
of the c. 7:01 Summary Jurisdiction (Petty Debt) Act shall,
mutatis mutandis, apply to garnishee proceedings.
15. Subject to the provisions of any written law
exempting the salary, wages, or other sum of money due to a
judgment debtor from attachment, the court or a magistrate
may, in its or his discretion, determine whether any salary,
wages, or other sum of money due by a garnishee to a
judgment debtor, and what amount thereof, ought to be
attached by the bailiff and in every case the court or a
magistrate shall take into consideration any hardship which
will be caused to a judgment debtor and his family by the
attachment of his salary, wages, or other sum of money due to
him by the garnishee.
16. An order that any salary, wages, or other sum of
money due by the garnishee to the judgment debtor shall be
endorsed on the writ of execution issued against the judgment
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garnishee.

c. 7:01
Discharge of
garnishee.

Payment into
court.

Costs of
garnishee
proceedings.

Stakeholder’s
interpleader.
c. 7:01
debtor and under such endorsed writ of execution the bailiff
may seize and take any movable property belonging to the
garnishee which might have been seized and taken if the writ
of execution had been originally issued against him, and the
said endorsed writ of execution shall for all purposes of the
Summary Jurisdiction (Petty Debt) Act be deemed to be a writ
of execution issued against the garnishee for the sum of
money directed by the order to be paid by the garnishee.
17. Payment by the garnishee of a sum of money
under an order that any salary, wages, or other sum of money
due to a judgment debtor shall be attached shall have the
effect of discharging the indebtedness of the garnishee to the
judgment debtor pro tanto.
18. The garnishee may pay into court any salary,
wages, or other payment sum of money due from him to the
judgment debtor at any time after the receipt of the summons
mentioned in rule 14 of this Part and in such case he shall not
be liable to pay any of the costs of the proceedings.
19. The costs of any application for attachment of
any salary, or wages, or other sum of money due by a
garnishee to a judgment garnishee debtor shall be in the
discretion of the court or a magistrate, and all court fees and
other disbursements shall be payable in the first instance by
the judgment creditor.
PART XXII
INTERPLEADER
1. (1) The application referred to in section 55 (1) of
the Summary Jurisdiction (Petty Debt) Act shall be intituled
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Application a
plaint.
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in the action and shall state therein —
(a) the name, address, and occupation of
the third party who has sued or is
expected to sue him in respect of the
subject- matter of the action;
(b) that he (the defendant) does not claim
any interest in the subject-matter of
the action but that the right thereto
belongs to that third party;
(c) that he (the defendant) does not
collude with that third party;
(d) that he is willing to pay or transfer the
subject-matter into court or to dispose
of it as the court or a magistrate may
direct;
(e) the facts (with necessary dates and
other particulars) upon which he
alleges that the third party acquired
the right to the subject-matter of the
action;
(f) all such other matters as the
defendant would have been bound to
state in his plaint if he were a plaintiff
in an action.
(2) Such application shall be in Form 61 with the
necessary variations.
2. The application shall be deemed a plaint under
section 8 of the Summary Jurisdiction (Petty Debt) Act and
these Rules and all rules applicable to the plaint in an
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The feigned
issue between
the parties.

Bailiff’s
interpleader.
c. 7:01
Form 62.
Form 63.

c. 7:01

Notice by
execution
creditor of
admission of
claim or to
ordinary action shall apply thereto and a copy thereof shall be
attached to the summons to the third party which shall be
served as an ordinary summons.
3. On the appearance of the third party in court he
shall state whether he has any interest in the subject-matter of
the original action, and, if so, the nature and particulars
thereof, and the court shall frame the feigned issue between
the third party as plaintiff and the defendant in the original
action as defendant and proceed in a summary way to hear
and determine the action.
4. (1) The claim to any movable property taken in
execution under section 56 of the Summary Jurisdiction (Petty
Debt) Act shall be in Form 62 and may be made at any time
before the sale of the property seized. It shall be lodged with
the bailiff, and notice thereof in Form 63 shall be served by the
bailiff upon the party on whose behalf the writ was issued.
(2) Within seven days after compliance by the
claimant with section 57 of the Summary Jurisdiction (Petty
Debt) Act, the bailiff or the party on whose behalf the writ
was issued, shall apply to the court for the issue of a
summons pursuant to section 56 (2) thereof.
(3) The claim shall be deemed a plaint under
section 8 of the Summary Jurisdiction (Petty Debt) Act and
these Rules, and all rules applicable to the plaint in an
ordinary action shall apply thereto and a copy thereof shall
be attached to the summons to the party making the claim
and the party on whose behalf the writ of execution was
issued.
5. (1) If within four days after receiving the notice
mentioned in paragraph (1) of the last preceding rule the
party on whose behalf the writ was issued gives notice to the
bailiff that he admits the title of the claimant to the goods and
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withdraw from
possession.

Execution
creditor’s
admission of
claimant’s title.

The nature of
the claim in
certain events.
chattels, or in writing requests the bailiff to withdraw from
possession, he shall only be liable to pay the bailiff any fees
and expenses incurred by the bailiff prior to the receipt of
such notice and remaining unpaid and the magistrate may, if
he thinks fit, on application by the bailiff in a summary
manner make an order for payment of any such fees or
expenses by the person on whose behalf the writ was issued
to the bailiff. Any such application shall be made upon three
clear days’ notice in writing to the execution creditor of the
intention of the bailiff to make such application.
(2)
(2) The court or a magistrate shall adjudicate upon
the claim of the bailiff for fees or expenses and may make
such order therein as he may think fit, and an order to pay
fees and expenses to the bailiff may be enforced against the
party on whose behalf the writ was issued as if it were a
judgment in an ordinary action.
(3)
(3) Nothing in these Rules shall be construed as
depriving the claimant of any right of action for trespass to
goods or otherwise which he may be entitled to, or as
depriving the bailiff of the right to demand prepayment of
fees and expenses.
6. Where the execution creditor gives notice in due
time to the bailiff, as directed by rule 5 of this Part that he
admits the title of claimant to the goods and chattels, or
requests the bailiff to withdraw from possession, the bailiff
may thereupon withdraw from possession.
7. Where the claimant has deposited the value of the
amount of the goods claimed, or has given security for the
value of the goods claimed in the manner prescribed by rule 9
of this Part, or where the goods have been sold and the
proceeds are in the hands of the bailiff, the claim shall be for a
declaration that the goods seized were at the time of the
seizure thereof the property of the claimant and shall also
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Claim for
damages may
be made.
This security
for the value of
the goods.
Form 64.
Summary
disposal of
interpleader
claim.

Question of
law.

Sale of goods
claimed under
bill of sale or
otherwise.
pray that the amount deposited, or the proceeds in the hands
of the bailiff be paid out to the claimant, or that the bond in
security for the value of the goods be declared void as the case
may be.
8. The claimant may include in his claim a demand
for such damages not exceeding the sum of $500 as he may be
entitled to for trespass.
9. The manner of giving security for the value of the
goods claimed shall be by bond in favour of the party on
whose behalf the writ was issued and the bond shall be in
Form 64 and shall be approved by the magistrate.
10. The court or a magistrate may, with the consent of
both parties or on the request of any one party if having
regard to the small value of the subject-matter in dispute it
seems desirable so to do, dispose of the merits of the claim
without a summons and decide the same in a summary
manner and on such terms as may be just, provided that all
the parties are present.
11. Where the determination of the interpleader
depends upon a question of law, and the facts are not in
dispute, the court or a magistrate may determine the matter
by deciding the question of law, or may order that a special
case be stated for the opinion of the court under Part XVIII.
12. (1) Where goods or chattels have been seized in
execution under process of the court, and any claimant alleges
that he is entitled to such goods or chattels under a bill of sale
by way of security for a debt, or as owner or under a hire-
purchase agreement or otherwise, the court or a magistrate
may, upon application made either by the judgment creditor
or by the claimant on notice to all parties whose interests may
be affected, order a sale of the whole or part thereof, and may
direct the application of the proceeds of such sale in such
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Form 65.

Costs where
executor or
administrator
plaintiff fails.

Non-
appearance of
executor or
administrator
manner and upon such terms as may be just. The bailiff shall
sell the goods or chattels pursuant to any such order and, after
deducting the expenses of the sale, shall pay the balance into
court to be applied in accordance with the order of the court.
(2) No such order for the sale of such goods shall
be made upon the application of the judgment creditor
otherwise than at a reserved price not being less than the sum
then due to the claimant under any such bill of sale or hire-
purchase agreement and the interest (if any) thereon, unless
with the consent of the claimant.
(3) An order for sale under this rule shall be in Form 65 with such modifications as may be necessary and as the court or a magistrate shall direct.
(4) The costs of an application for sale under this
rule shall be borne out of the proceeds of the sale paid into
court or as between the parties to the application as the court
or a magistrate shall direct.
PART XXIII
PROCEEDINGS BY AND AGAINST EXECUTORS AND ADMINISTRATORS
1. In actions by executors or administrators, if the
plaintiff fails, the costs shall, unless the court otherwise
orders, be awarded in favour executor or of the defendant,
and shall be levied de bonis propriis.
2. Where an executor or administrator, does not
appear on the day of hearing, sections 19 and 20 of the
appearance of Summary Jurisdiction (Petty Debt) Act shall
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plaintiff or
defendant.
c. 7:01
Form of
judgment
where executor
or
administrator
defendant does
not appear or
appears and
admits his
character and
plaintiff’s
demand.
Form 67.
Form of
judgment
where executor
or
administrator
defendant
admits his
character, but
denies
plaintiff’s
demand.
Form 68.

Form of
judgment
where such a
defendant
admits his
character,
denies the
demand, and
alleges and
administration
of assets.
Form 69.

Form of
judgment
apply respectively, subject to the rules applicable to executors
or administrators suing or sued.
3. Where a defendant sued as an executor or
administrator does not appear at the hearing, or admits his
representative character and the plaintiff’s demand and does
not deny assets, the judgment shall be that the demand and
costs shall be levied de bonis testatoris, si, etc., et si non, as to the
costs, de bonis propriis.
4. Where a defendant sued as executor or
administrator admits his representative character, and only
denies the demand, if the plaintiff proves the demand the
judgment shall be that the demand and costs shall be levied de
bonis testator is, si, etc., et si non, as to the defendant costs, de
bonis propriis.

5. Where such defendant admits his representative
character, but denies the demand, and alleges a total or partial
administration of assets, and the plaintiff proves his demand,
and the defendant proves the administration alleged, the
judgment shall be to levy the costs of proving the demand de
bonis testatoris, si, etc., et si non, de bonis propriis; and as to the
demand, judgement of assets quando acciderint; and the
plaintiff shall pay the defendant’s costs of proving the
administration of assets, unless the court otherwise orders.
6. Where such defendant admits his representative
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where such a
defendant
admits his
character,
denies the
demand,
alleges
administration
and plaintiff
proves the
demand, etc.
Form 70.
Form of
judgment
where such a
defendant
admits his
character and
plaintiff’s
demand,
alleges
administration
and proves it.
Form 71.
Form of
judgment
where such a
defendant
admits his
character and
plaintiff’s
demand,
alleges
administration
but fails to
prove it.
Form 72.

Form of
judgement to
levy upon
assets, quando
acciderint.
Form 66.
character, but denies the demand, and alleges a total or partial
administration of assets, and the plaintiff proves the demand,
but the defendant does not prove the administration alleged,
the judgment shall be to levy the amount of the demand, if
such amount of assets is shown to have come to them, and
costs, de bonis testatoris, si, etc. et si non, as to the costs, de bonis
propriis, and as to the residue of the demand, if any, judgment
of assets, quando acciderint.
7. Where such defendant admits his representative
character and the plaintiff’s demand, but alleges a total or
partial administration of assets, and proves the administration
alleged, the judgment shall be of assets, quando acciderint, and
the plaintiff shall pay the defendant’s costs of proving the
administration of assets, unless the court otherwise orders.
8. Where such defendant admits his representative
character and the plaintiff’s demand, but alleges a total or
partial administration of assets, but does not prove the
administration alleged, and has not established any other
ground of defence, the judgment shall be to levy the amount
of the demand, if such amount of assets is shown to have
come to the hands of the defendant, or such amount as is
shown to have come to them, and costs, de bonis testatoris, si,
etc., et si non, as to the costs, de bonis propriis and as to the
residue of the demand, if any, judgment of assets quando
acciderint.
9. Where judgment has been given against an
executor or administrator that the amount be levied upon
assets of the deceased, quando acciderint, the plaintiff may
issue a summons in Form 66; and if it appears that the assets
have come to the hands of the executor or administrator since
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Executor or
administrator
required to pay
sum of money
into court in
certain
circumstances.
Plaintiff’s costs
where executor
or
administrator
fails as to any
of his defences.

Forms of
judgment
against
executor or
administrator
in various
circumstances.
Forms 67 to 72.
Form 73.

Judgment
summons to be
served
personally.
c. 12:20
the judgment, the court or a magistrate may order that the
debt, damages, and costs be levied de bonis testatoris, si, etc., et
si non, as to costs, de bonis propriis.
10. Where a defendant admits his representative
character and the plaintiff’s demand, and that he is chargeable
with any sum in respect of assets, he shall pay such sum into
court, subject to the rules relating to payment into court in
other cases.
11. In actions against executors or administrators for
which provision is not hereinbefore specially made, if the
defendant fails as to any of his defences, the judgment shall,
unless the court otherwise orders, be for the plaintiff as to his
costs of disproving such defence, and such costs shall be
levied de bonis testatoris, si, etc., et si non de bonis propriis.
12. A judgment drawn up under this Part shall be in
one of the Forms 67 to 72 (inclusive) which the circumstances
of the case fit, and a writ of execution against the goods and
chattels which were the property of a testator or intestate in
his lifetime and which came to the hands of a defendant
executor or administrator to be administered, shall be in Form
73 with such variations as the circumstances of the case may
require, regard being had to the foregoing rules.
PART XXIV
JUDGMENT SUMMONS
1. (1) No order of commitment under the Debtors
Act shall be made unless a summons to appear and be
examined on oath, hereinafter called a judgment summons,
has been served upon the judgment debtor personally.

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Form 74.

Praecipe to be
accompanied
by affidavit
proving facts
showing prima
facie ability to
pay debt.
(2) A person requiring a judgment summons to be
issued shall file a praecipe in Form 74, stating the full names
and address of or otherwise sufficiently identifying every
person against whom it is to be issued. Where the name or
address of any such person as given in the praecipe differs
from the name or address as given in the judgment or order,
both descriptions shall be inserted in the judgment summons,
and in the order of commitment (if any) as follows:
‚C.D., of (name and address as given in the praecipe),
sued as A.D., of (name and address as given in the
judgment or order).‛
(3) Where a judgment has been given or an order
made against two or more persons, the person entitled to
enforce the judgment or order may require a judgment
summons to be issued against all or any one or more of the
persons liable under the judgment or order.
2. (1) A person filing a praecipe for a judgment
summons shall lodge therewith an affidavit by the judgment
creditor or some other person who has personal knowledge of
the facts setting forth the material facts of the case, and a
judgment summons shall not be issued unless the magistrate
is satisfied that the evidence afforded by such affidavit, if
uncontradicted, would justify the making of an order of
commitment against the debtor. The affidavit shall state –
(a) the date and amount of the judgment
or order, and the court in which it was
obtained, and the instalments (if any)
by which it was ordered to be paid
with the date of the order for payment
by instalments;
(b) the occupation, employment, or
business of the judgment debtor;
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Form of
judgment
summons.
Form 75.
Form 76.
(c) whether the judgment debtor has
means other than from such
occupation, employment, or business;
(d) whether the judgment debtor is
unmarried or is married and has
children, and if so, how many
children he has and their respective
ages and earning powers;
(e) the sort of residence in which the
judgment debtor lives and the
apparent monthly rental thereof.
If these facts are not known it shall be stated that the
deponent does not know them.
(2) A copy of the affidavit shall be annexed to the
judgment summons, and served therewith.
(3) In the case of proceedings for a judgment
summons against a firm or person carrying on business in any
name, the affidavit required by rule 6 of this Part shall be
combined with the affidavit required by this rule with such
modifications as may be necessary in the circumstances of the
case.
3. (1) A judgment summons shall be in such one of
the Forms 75 and 76 as shall be applicable to the
circumstances of the case and may be issued either by the
court in which the judgment was obtained or by the court in
the magisterial district in which either the judgment creditor
or the judgment debtor then resides or carries on business or
is employed. It shall be served not less than five clear days
before the day on which the judgment debtor is required to
appear.
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c. 7:01
Form 77.

Mode of
serving
judgment
summons.
c. 7:01

c. 7:01

c. 7:01

Time for
appeal to
expire.
Judgment
summons
against a firm.

(2) A judgment summons shall be deemed to be a
summons to a witness within the meaning of sections 15 and
16 of the Summary Jurisdiction (Petty Debt) Act, and a
memorandum in Form 77 shall be printed at the foot of or
annexed to the summons.
4. (1) A judgment summons shall be served person-
ally in the same manner in which an ordinary summons to
appear is served personally under the Summary Jurisdiction
(Petty Debt) Act or other statute making provision for the
service of an ordinary summons.
(2) If it is made to appear on oath to a court or to a
magistrate that prompt personal service is for some good
reason impracticable, and that delay is likely to render the
application of no effect, the court or a magistrate may make
such order for substituted service under section 11(2) of the
Summary Jurisdiction (Petty Debt) Act or such other service
as the court or a magistrate may think fit.
(3) The service of a judgment summons shall,
when effected out of the magisterial district for which it is
issued, be proved by affidavit of the bailiff or other process-
server in accordance with section 61 of the Summary
Jurisdiction (Petty Debt) Act.
5. No judgment summons shall be issued before the
time for lodging an appeal against the judgment has expired.
6. (1) Where a judgment or order is against a firm, or
against a person carrying on business in any name other than
his own in such other name, and the person entitled to
enforce the judgment or order desires to do so by judgment
summons against any person whom he alleges to be liable
under the judgment or order as a partner in or the sole
member of the firm, or as the person carrying on business in
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Form 78.
Form 79.

Form 80.
Judgment
summons
issuing out of
court other
than that in
which
judgment was
obtained.
Form 81.

Procedure in
case of
proceedings in
court other
than court in
which
judgment
obtained.
Form 81.
such other name as aforesaid, he shall file an affidavit,
together with a copy thereof, in such one of the Forms 78 and
79 as shall be applicable, directed to the person alleged to be
liable as aforesaid, and a certified copy of the said affidavit
shall be annexed to such judgment summons and served
therewith.
(2) The judgment summons under this rule shall be
in Form 80.
(3) If such person does not appear on the return
day of the judgment summons, he shall be deemed to admit
his liability as a partner in or the sole member of the firm, or
as the person carrying on business in such other name as
aforesaid, to pay the amount due and payable under the
judgment or order. But if such person appears and denies
liability, the court may decide the question to be tried and
determined in an action to be commenced by plaint and
summons in the ordinary way.
7. Where a judgment creditor desires to apply for a
judgment summons to a court other than the court in which
the judgment or order was obtained, he shall obtain from the
clerk of the court in which the judgment or order was
obtained, a certificate of the judgment or order in the action
and of every order for the payment thereof by instalments in
Form 81 and enter the same with his application. The
certificate shall state the date on which the last payment into
court (if any) has been made.
8. (1) A party desiring to apply for a judgment
summons to a court other than the court in which the
judgment or order was obtained shall deliver or cause to be
delivered to the clerk of the court to which he is applying –
(a) a certificate in Form 81 of the
judgment or order which it is sought
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Memorandum
of result to be
sent to court in
which
judgment
obtained.

to enforce by judgment summons,
and of every order for the payment by
instalments made against the
judgment debtor on the original
judgment or order;
(b) a praecipe in accordance with rule 1 (2)
of this Part and the necessary
affidavits in support and the copies
thereof for service;
(c) the fees payable upon the issue of
judgment summons; and
(d) in case delivery is made to the clerk
by post, an envelope addressed to
himself with sufficient postage
stamps thereon.
(2) Upon the receipt of the above the clerk shall
file the documents and a judgment summons shall be issued,
and thereafter the proceedings shall continue as if the
judgment summons had been issued by the court in which the
judgment or order was obtained.
(3) The clerk shall forward in the addressed
envelope the plaint note of the issue of the summons showing
the date of issue and of the day on which the summons is to
be heard.
9. Where a judgment summons is heard in a
magistrate’s court other than that in which the judgment or
order was obtained, a memorandum of the result of such
hearing shall be sent by the clerk to the clerk of the court in
which the judgment or order was obtained, and shall be filed
by such last-mentioned clerk in the proper jacket.

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Witnesses and
their expenses.

Orders which
may be made.
c. 6:04
10. (1) Witnesses may be summoned to prove the
means of a judgment debtor in the same manner as witnesses
are summoned to give evidence upon the hearing of a plaint;
and the expenses of any person examined, whether
summoned or not, may, subject to these rules, be allowed in
accordance with the Schedule to the Act.
(2) Where the judgment debtor does not appear
at the hearing, or pays into court the amount in payment of
which he has made default, expenses paid to him with the
judgment summons, or with a summons to appear as a
witness, may, if the court or a magistrate so directs, be
allowed as expenses of a witness.
(3) Where the judgment debtor appears at the
hearing, expenses so paid to him or lodged for him with the
clerk, may, if the court or the magistrate so directs and subject
to rule 11 of this Part, be allowed as expenses of a witness in
any case in which the costs of witnesses may be allowed
under these Rules:
Provided that if the judgment debtor appears at the
hearing and an order of commitment is not made, the court or
a magistrate may allow to the judgment debtor his proper
costs (including an allowance for loss of time) as upon
attendance by a defendant at a hearing in court, and any such
expenses lodged or costs allowed to the judgment debtor may
be set-off against the debt due by the judgment creditor.
11. (1) If on the hearing of a judgment summons the
court is of the opinion that an order of commitment ought not
to be made, the court may refuse to make any order, or may
for the purposes of section 4 of the Debtor’s Act make a fresh
order for payment of the amount remaining due and unpaid
under the judgement or order, either at a specified time or by
instalments, but in such case no costs shall be allowed the
judgment creditor.
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Proof of means
to pay
instalment.

Suspending
the order of
commitment.

Form 82.
Form 83.

Date, duration
and extension
of warrant of
commitment.
(2) If an order is made for payment of the debt or
any unpaid portion thereof by instalments, or at a specified
time an application to commit the judgment debtor to prison
may thereafter be made for default in payment either of the
whole debt or of any instalment thereof so ordered to be paid.
12. An order for commitment on an application
under paragraph (2) of the last preceding rule shall not be
made for default in payment of the whole debt or an
instalment or instalments of a debt unless the judgment
creditor satisfies the court that since the order to pay the debt
at a specified time or by instalments the judgment debtor has
or has had the means to pay the whole debt or the instalment
or instalments in respect whereof he has made default.
13. (1) If any order of commitment is made, the court
or a magistrate may direct the execution of the warrant to be
suspended to enable the debtor to pay into court by
instalments or otherwise the amount in respect of the non-
payment of which the order was made.
(2) A warrant of commitment shall be in such one
of Forms 82 and 83 as shall be applicable to the circumstances
of the case.
14. A warrant of commitment shall, on whatever day
it may be issued from the clerk’s office, bear the date of the
day on which the order of commitment was made, and shall,
if unexecuted, remain in force for one year only from and
exclusive of such date, unless renewed in manner hereinafter
provided; but the court or a magistrate may at any time before
or after the expiration of such year, extend the time within
which the warrant may be executed for any time not
exceeding one year from the date on which it would
otherwise have ceased to be in force. Any extension of a
warrant of commitment shall be endorsed on the order of
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All costs to
accumulate.

Fee to counsel.

Payment to
bailiff before
delivery into
custody.
Payment to
gaoler after
delivery into
commitment as follows:
‚The time during which this warrant is to remain in
force was on the day of extended by
leave of the Court for from the day
of ‚
Magistrate.
15. The costs awarded by the court to the judgment
creditor in any judgment summons proceeding shall be added
to the amount of the judgment and costs then enforceable
against the judgment debtor and subsequent proceedings may
be taken by judgment summons to enforce payment of the
judgment and all such accumulated costs.
16. Subject to any provisions made under the Act for
allowing a fee to counsel on an application for an order of
commitment, the court or a magistrate may allow in addition
to any other costs properly incurred by the judgment creditor,
a fee in respect of the appearance of counsel in accordance
with the Schedule to the Act.
17. (1) Where a warrant of commitment has been
issued against a judgment debtor, he may at any time before
he is delivered into the custody of the keeper of a prison pay
the bailiff having the warrant of commitment the full amount
endorsed thereon as payable to ensure his discharge, and the
bailiff on receipt of such amount shall forthwith discharge the
judgment debtor and deliver the amount so paid together
with the warrant to the clerk.
(2) All costs lawfully incurred by the judgment
creditor in enforcing an order shall, unless the court otherwise
orders, be deemed to be due in pursuance of the order.
18. Where a judgment debtor is in the custody of any
gaoler under a warrant of commitment, he may pay to the
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custody.
Judgment
debtor made
insolvent after
proceedings
taken by
judgment
summons.
Form 53.

Landlord’s
claim for rent.
c. 61:01
Form 84.
gaoler the full amount endorsed on the warrant as that
payable to ensure the discharge of the judgment debtor from
such custody, and on receipt of that amount and all costs
incurred in enforcing the order, the gaoler shall discharge the
judgment debtor and transmit the amount received and a
certificate of such payment and discharge to the clerk.
19. (1) Where before or during the hearing of a
judgment summons or after the making of an order of
commitment against a judgment debtor, or while a judgment
debtor is in custody under a warrant of commitment, the
judgment debtor satisfies the court or a magistrate that a
receiving order has been made for the protection of his estate,
or that he has been adjudicated an insolvent and that the debt
in respect of which the judgment summons was issued or the
order of commitment made is provable in insolvency, or that
if a writ of execution had been issued against the goods of the
debtor he would have been entitled to a stay of execution
under rule 6 of Part XXI, no order of commitment shall be
made, and if made, no warrant of commitment shall be
issued, and if issued and not executed it shall be recalled, and
if the judgment debtor is in custody he shall be discharged out
of custody upon an order of the court or a magistrate.
(2) Notice of any such proceeding shall be given
to the judgment creditor.
PART XXV
CLAIM FOR RENT, REPLEVIN, AND THE RECOVERY OF
TENEMENTS
1. The claim for rent under section 22 of the Landlord
and Tenant Act shall be in Form 84 and the particulars of the
claim therein set out shall include –
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proceedings.
c. 61:01
Form 85.
Form 86.

Form 87.
(a) the name, address, and occupation of
the landlord and the tenant;
(b) the situation of the premises or lands;
(c) the nature of the tenancy, the amount of
the rent, the time at which the same is
payable and whether the tenancy was
created verbally or in writing;
(d) the term or terms in respect of which
rent is alleged to be in arrear or due;
(e) the sum actually in arrears and the date
at which it fell in arrears.
2. (1) The notice of replevy and the recognisance
referred to in section 27 of the Landlord and Tenant Act shall
be respectively in Forms 85 and 86.
(2) In case a recognisance is entered into for the
due and effective prosecution of the action, it shall be
approved by the magistrate.
(3) The bailiff shall forthwith give notice to the
distrainer in Form 87 of the preliminary proceedings taken by
the tenant or owner of goods distrained, and within seven
days after compliance by the replevisor with section 27 (2) of
the said Act he shall commence proceedings by plaint in the
usual form against the landlord claiming a declaration either
that no rent was in arrear or due from the tenant to the
landlord at the time of the seizure of the goods or that the
goods seized were otherwise wrongfully distrained, and the
court may assess any damages to which the replevisor may be
entitled in respect of the wrongful distraint if proved.
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Satisfaction of
judgment
where rent and
deposit for
security made.

c. 61:01

Satisfaction of
judgment
where
recognisance
entered into.

c. 61:01

(4) The plaint shall specify and describe in the
particulars the several goods and chattels taken and the
distraint of which the replevisor complains, the expenses of
the levy, the special damage (if any) suffered by the replevisor
and all the other particulars required by rule 1 of Part V and
the action of replevin shall be tried in the same manner as
other actions.
3. When the amount of rent alleged to be due and the
sum of five dollars as security for costs have been deposited,
the court shall order the amount to be refunded to the
replevisor in case he shall succeed in his action, and if the
defendant shall succeed in the action the court shall order any
judgment and costs awarded pursuant to section 27 (4) of the
Landlord and Tenant Act to be satisfied out of the sum so
deposited. Any balance of the amount deposited remaining
after payment of the defendant’s judgment and costs shall be
paid out to the replevisor.
4. When a recognisance is entered into in lieu of
deposit, the bailiff shall deliver the same to the clerk for
preservation. If the replevisor succeeds in the action the
recognisance shall be re-delivered to him by the clerk. If the
defendant succeed in the action, the court or a magistrate shall
order either at the time of giving judgment or at any time
thereafter that the recognisance be estreated and that the
replevisor and his surety jointly and severally pay to the
defendant the amount of any judgment and costs awarded
pursuant to section 27 (4) of the Landlord and Tenant Act. An
order of the court or a magistrate that a specific sum be
recovered by the defendant from the replevisor or his surety
shall be deemed a judgment of the court as well against the
surety as against the replevisor and shall be enforced by a writ
of execution as in the case of an ordinary judgment against
either the replevisor or his surety or both of them.

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Safeguarding
tenants’
growing crops.
c. 61:01

Security by
bond, etc.

Form 88.
Affidavit of
sufficiency.
Form 89.

Execution of
bond.

Deposit in lieu
of bond, etc.

Bond to be
deposited.
5. Where under section 46 (2) of the Landlord and
Tenant Act possession is claimed of a tenement consisting of
land, the complaint shall state whether there are growing
crops thereon which have been planted by the tenant or by
any one from whom he derives his interest, and the estimated
value of such crops.
PART XXVI
SECURITY
1. Where a party proposes to give a bond or
recognisance by way of security, he shall serve, by post or
otherwise, on the opposite party and the clerk at his office,
notice of the proposed sureties in Form 88; and the clerk shall
notify both parties of the day and hour on which the
magistrate will hear the objections, if any, to the proposed
surety.
2. The magistrate may require the party proposing to
give the bond or recognisance and/or his surety to make an
affidavit of their sufficiency in Form 89, unless the opposite
party in writing dispenses with such affidavit.
3. The bond or recognisance shall be executed in the
presence of the magistrate or the clerk.
4. Where a party makes a deposit of money in lieu of
giving a bond or recognisance, he shall forthwith give notice
to the opposite party, by post or otherwise, of such deposit
having been made.
5. In all cases where the security is by bond or
recognisance, the bond or recognisance shall be given in
favour of the party or persons in whose interest the security
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Disposal of
bond

Fugee warrant.
c. 7:01
Form 90.

Form 91.
required, but the bond or recognisance shall be deposited
with the clerk until the action is finally disposed of.
6. The clerk shall deal with the bond or recognisance
so deposited in such manner as the court or a magistrate may
direct.
PART XXVII
GENERAL AND MISCELLANEOUS PROVISIONS
1. (1) A warrant for the apprehension of a defendant
issued under section 14 of the Summary Jurisdiction (Petty
Debt) Act shall be in Form 90 with such variations as the
circumstances may require and shall be made upon affidavit
and ex parte.
(2) The affidavit shall be in Form 91, and shall
disclose –
(a) Whether the defendant ordinarily
resides in Guyana;
(b) the cause of action, the amount
claimed, and the jurisdiction of the
court to entertain proceedings to
recover the same;
(c) the facts from which probable cause
for believing that the defendant is
about to quit Guyana unless he is
apprehended may be inferred, and
the date when such facts came to the
knowledge of the deponent;
(d) whether the defendant has any
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Authority to
represent
parties.
c. 7:01
Form 92.

Reference of
account to
clerk.
c. 7:01

Imposition of
fine for non-
appearance,
etc., of witness.
c. 7:01

Form 93.
property, movable or immovable in
Guyana;
(e) the place of the defendant’s residence
and the place and nature of the
defendant’s employment.
2. The authority in writing to appear and represent a
plaintiff or defendant at the hearing of an action or matter
pursuant to section 18 of the Summary Jurisdiction (Petty
Debt) Act shall be in Form 92.
3. Upon reference by the court or a magistrate of any
matter of account to the clerk under section 25 of the
Summary Jurisdiction (Petty Debt) Act, the clerk shall report
upon the matter referred to him within seven days or such
enlargement of that period as the court or a magistrate may
grant. The matter of account shall be set forth in proper form
in the report which shall show the result which the order of
reference shall direct to be shown therein.
4. With respect to an order made under section 16 (1)
of the Summary Jurisdiction (Petty Debt) Act imposing a fine
for refusal or neglect of any person to do any one or more of
the several acts or things therein specified, the following
provisions shall apply –
(a) The order shall be made in Form 93.
(b) Payment for the fine thereby imposed
may be enforced by a writ of
execution in like manner as a
judgment of the court is enforceable
under section 37 of the said Act.
(c) In default or in lieu of recovery under
a writ of execution the fine may be
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c. 10:02
enforced by imprisonment of such
person for any period not exceeding
the period which under section 38 of
the Summary Jurisdiction (Procedure)
Act may be imposed in respect of
default of payment of a fine adjudged
to be paid on summary conviction.
(d) Where the person summoned refuses
or neglects to appear and give
evidence, the clerk shall, before the
court or a magistrate imposes the fine,
give a written notice to the person
summoned requiring him to show
cause in person before the court or a
magistrate on a day to be named
therein why a fine shall not be
imposed on him, and if the said
person does not appear before the
court on that day, the court or a
magistrate may proceed ex parte and
impose such fine as it or he thinks fit.
On appearance of such person the
court or a magistrate may, after
considering the cause (if any) shown,
make such order either imposing a
fine upon or excusing the person
summoned for his neglect or refusal
as it or he may think fit in the
circumstances.
(e) In any other case of refusal or neglect
within the provisions of section 16 (1),
the court or a magistrate may impose
the fine without further notice to the
person refusing or neglecting to do
the act or thing mentioned in the said
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Committal for
contempt of
court.
Form 94.

Applications
for issue of
process to be in
writing.
The process to
be prepared by
party requiring
it.
subsection.
5. An order committing a person to prison or
imposing a fine for any offence mentioned in section 64 of the
Act shall be in Form 94, and the warrant of commitment in
default of payment of any fine so imposed shall be in the
appropriate form prescribed for the like purpose by the
Summary Jurisdiction Acts.
6. (1) Every application for the issue of any process
out of the court shall be in writing signed by the person
entitled to such process.
(2) Every person who delivers or files with the
clerk any document to lead to the issue of process out of the
court shall at the same time deliver or file therewith a
sufficient number of copies of the process correctly prepared
for issue, and where service thereof is to be effected on other
persons, the necessary copies for the return of service.
(3) ‚Document to lead to the issue of process‛
includes a plaint, praecipe for a witness summons, praecipe for
a writ of execution or a warrant of delivery or a landlord’s
claim for distress for rent in arrears, or for possession, praecipe
for issue of judgment summons or warrant of commitment,
and every other document upon the filing or lodging of which
with the clerk a process is to issue out of the court.
(4) Forms of the appropriate process to be issued
shall be obtained from the clerk and the person requiring the
same shall pay therefor the fee prescribed in the Schedule to
the Act.
(5) When the document to lead to the issue of
process is not prepared by counsel, the appropriate process
shall be prepared by the clerk.

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Party may act
by counsel or
agent.

Address for
service.

Service of
interlocutory
proceedings.

Alternative
service on
party.
Enlargement of
time prescribed
by the rules.
7. (1) Where by these Rules any act may be done by
any party such act may be done either in person or by his
counsel, or by an agent where it can legally be done by a
counsel or an agent.
(2) Where any party sues or defends by a legal
practitioner the plaint and particulars of defence and other
documents shall be signed by the legal practitioner in his own
name and he shall state thereon his place of business which
shall be deemed that party’s address for service in accordance
with these Rules, where service is not required to be effected
personally on the party to be served.
(3) Except where personal service upon a party is
required, service of any notice, order, document, or other
proceeding between the entering of the plaint and final
judgment in any matter may be made by delivering such
notice, order, document, or other proceeding to the counsel
acting for a party, or by leaving the same at the address for
service with some other person ordinarily employed at such
address and explaining to him the nature and import thereof.
8. Any notice, proceeding, or document required by
any Act or by these Rules to be served on any party, and as to
which no mode of service is prescribed by that Act or by these
Rules, may also be served by delivering the same to the
person on whom it is to be served, or at the residence or place
of business of such party, or by leaving the same with some
other person at the last or most usual place of abode of that
party and explaining in the last-mentioned case to that other
person the nature and import of the document and requesting
him to deliver it to the party to be served therewith without
delay.
9. (1) Subject to these Rules, parties may by consent
enlarge or abridge any of the times fixed by these Rules for
taking any step or filing any document, or giving any notice in
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Furnishing
copies of
documents.
Notices to be in
writing.

Proceedings to
be in proper
form.

Alleging notice
of any fact, etc.
any action or matter. Where such consent cannot be obtained,
either party may apply to the court or a magistrate, on notice
to the non-consenting party, for an order to effect the object
sought to have been obtained with the consent of such party,
and such order may be made although the application for the
order is not made until after the expiration of the time
allowed or appointed, and on such terms as to costs or
otherwise, as the court may direct.
(2) Nothing in this rule shall authorize the
enlargement or abridgement of any time fixed by an order of
the court or a magistrate for any purpose whatsoever.
10. Subject to the provisions of these Rules as to the
entry of the plaint or the delivery of particulars or other
documents to the clerk in those cases in which any documents
are directed to be entered or delivered to the clerk, the party
required to enter or deliver the same shall hand in as many
copies as there are parties to be served (including copies
necessary for the return of service) with the names, addresses,
and occupations, or descriptions of such parties, and where so
required by any of these Rules or by the court or a magistrate,
an additional copy for the use of the court.
11. All notices required by these Rules shall be in
writing, unless expressly authorized by these Rules or by the
court to be given orally.
12. All proceedings and documents shall be in forms
similar to the forms in the Appendix, where the same are
applicable, and in cases where such forms are not applicable
or where no forms are provided, parties shall frame the
proceedings or documents, using as guides the forms
ordinarily used under the County Court Rules, 1888 – 1936, in
England.
13. Where it is material to allege notice to any person
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Lost
documents.

Proceedings in
rem.

Non-
compliance
with rules.
Application to
set aside
proceedings.
of any fact, matter, or thing, it shall be sufficient to allege such
notice as fact, unless the form of such notice or the
circumstances from which such notice is to be inferred be
material.
14. In the event of any warrant, order, or other
document issued by the court being lost or destroyed, a
duplicate thereof may be issued from time to time upon proof
to the satisfaction of the magistrate of such loss or destruction.
15. Where under any law any plantation, lot of land
or building is proceeded against, the plaintiff may proceed
against the proprietor or representative thereof without
naming the proprietor or representative.
16. Non-compliance with any of these rules, or with
any rule of practice for the time being in force, shall not
render any proceedings void unless the court shall so direct,
but such proceedings may be set aside either wholly or in part
as irregular, or may be amended or otherwise dealt with in
such manner and upon such terms as the court or a magistrate
may think fit.
17. Application to set aside proceedings for
irregularity may be made to the court or a magistrate, but
shall not be allowed unless made within a reasonable time or
if the party applying has taken any fresh step after knowledge
of the irregularity.
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Part II, r.8
APPENDIX
FORM 1
Guyana
NOTICE TO PERSONS ON WHOSE BEHALF DEFENDANT
HAS OBTAINED LEAVE TO DEFEND
In the Magistrate’s Court of the............................Magisterial
District holden at.........................
CIVIL JURISDICTION
Plaint No...
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