L.R.O. 1/2012
LAWS OF GUYANA
SUMMARY JURISDICTION (PETTY DEBT) ACT
CHAPTER 7:01
Act
11 of 1893
Amended by
11 of 1894 4 of 1928
51 of 1932
33 of 1948
4 of 1972
21 of 1978
20 of 1993
13 of 1894
12 of 1895
12 of 1897
6 of 1904
18 of 1905
7 of 1908 24 of 2009
9 of 1915





1 – 41 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 7:01
SUMMARY JURISDICTION (PETTY DEBT) ACT
ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
PART I
JURIDICTION AND THE LAW
3. Extent and limitation of jurisdiction.
4. No splitting of cause of action.
5. Action by or against executor.
6. Action by infant for wages.
7. Procedure where several persons jointly answerable.
PART II
INSTITUTION OF ACTION
8. Statement of claim.
9. Summons to defendant.
10. Misnomer in plaint or summons.
11. Service of summons.
12. Notice of special defence.
13. Payment into court by defendant.
14. Apprehension of defendant in certain cases, and procedure thereon.
Witnesses
15. Summonses for witnesses.
16. Witness not appearing, or refusing to testify.


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SECTION
PART III
HEARING AND JUDGMENT
Hearing of action
17. Court room.
18. Mode of appearance.
19. Non-appearance of plaintiff or failure to prove his case.
20. Defendant failing to appear.
21. When both parties appear.
22. Addresses.
Giving of Judgment
23. Judgment on conclusion of hearing.
24. Judgment in action for recovery of chattel.
Reference
25. Reference of matter of account to the clerk of the court.
26. Reference to arbitration in certain cases.
Powers relating to Actions
27. Transfer of action.
28. Action brought without jurisdiction.
29. Second action for same cause.
30. Adjournment.
31. Failure of magistrate to attend on day of hearing.
32. Order for new hearing.
33. Finality of judgment.
34. Payment of judgment and costs by instalments.
Costs
35. Apportionment and payment of costs.
36. Duration of judgment and execution.

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SECTION
PART IV
EXECUTION
Execution generally
37. Enforcement of judgment.
38. On judgment for payment by instalments.
39. Imprisonment in certain cases.
40. Cross judgments.
41. Writ of execution.
42. Stay of execution.
Execution against Movable Property
43. Terms of writ and entry of time of application therefor.
44. Movable property seizable in execution.
45. Demand of payment before executing writ.
46. Execution, sale of movable property.
47. Dealing with securities for money.
48. Priority of executions issuing out of High Court and magistrate’s
court.
Execution against Immovable Property
49. Execution upon immovable property.
50. Execution against buildings.
51. Payment of amount after levy.
Commitment, etc.
52. Order of commitment.
53. Effect of irregularity in proceedings.
54. Accounting by bailiffs and magistrates in certain cases.
PART V
MISCELLANEOUS PROVISIONS
Interpleader
55. Third party procedure.
56. Claim by third party to movable property taken in execution.
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SECTION
57. Deposit of value of property taken.
Amendment
58. Powers of amendment.
Process
59. Issuing process.
60. Proof of service of process by bailiff or constable.
61. Proof of service.
Books and Records
62. Keeping of record books of causes.
63. Keeping of cash book and other records.
64. Custody of records.
Forms
65. Use of forms.
SCHEDULE—Forms.
________________________
1929 Ed.
c. 15
1953 Ed.
c. 16 _______________________________________________________
11 of 1893 An Act to consolidate and amend the Laws relating to the
Jurisdiction of Magistrates’ Courts in Actions for the
Recovery of Debts and Demands and in Actions for
Damages, and to the Practice and Procedure of the said
Courts with respect to such Actions.
[1ST MARCH, 1894]
CHAPTER 7:01
SUMMARY JURISDICTION (PETTY DEBT) ACT

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Short title.
Interpretation.
c. 3:05
PRELIMINARY
1. This Act may be cited as the Summary Jurisdiction
(Petty Debt) Act.
2. In this Act—
“bailiff” means a bailiff of the court, and, if there is no bailiff,
includes any rural constable appointed either generally
or specially by the magistrate, to execute the process of
the court under this Act;
“claim” means any debt, demand, or damage claimed, or any
chattel or thing sought to be recovered, under this Act;
“counsel” includes a solicitor;
“defendant” means any person against whom any
proceedings in respect of a claim are taken;
“district” means a magisterial district constituted under the
Summary Jurisdiction (Magistrates) Act;
“judgment” includes the dismissal of a claim, as well as any
other adjudication, order, or decision of a magistrate
under this Act;
“magistrate’s court” or “court” means a magistrate’s court
established in a district;
“party” includes every person served with notice of or
lawfully attending any proceeding, although not named
as a party to the proceeding;
“plaintiff” means any person taking proceedings in respect of
a claim;
“prescribed” means prescribed by the rules;
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Extent and
limitation of
jurisdiction.
[33 of 1948
4 of 1972
21 of 1978
20 of 1993
24 of 2009]
“the rules” means the rules relating to the practice and
procedure of the court in the exercise of its civil
jurisdiction made under the Summary Jurisdiction
(Magistrates) Act, and for the time being in force.
PART I
JURISDICTION AND LAW
3. (1) Subject as hereinafter provided, all actions—
(a) for the recovery of any debt or
demand, where the amount claimed,
whether on balance of account or
otherwise, is not more than one
hundred thousand dollars;
(b) for damages, where the amount
claimed is not more than one hundred
thousand dollars; and
(c) for the recovery of any chattel or
thing, where the value of the chattel
or thing is not more than one hundred
thousand dollars,
may be commenced in the court, and shall be heard and
determined in a summary way according to this Act.
(2) Where in any action the debt or demand
claimed consists of a balance not exceeding one hundred
thousand dollars after an admitted set-off of any debt or
demand claimed or recoverable by the defendant from the
plaintiff, the court shall have jurisdiction to hear and
determine that action.
(3) The court shall not have cognizance of any
action in which any incorporeal right, or the title to any
immovable property, is or may be in question, or in which the
validity of any devise, bequest or limitation under any will or
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No splitting of
cause of
action.
[33 of 1948
4 of 1972
21 of 1978
20 of 1993
24 of 2009]
Action by or
against
executor.
Action by
infant for
wages.
[33 of 1948
4 of 1972]
settlement is or may be disputed, or of any action for
malicious prosecution, libel, slander, seduction, or breach of
promise of marriage.
(4) The court shall have jurisdiction in the
following cases, that is to say, when—
(a) the defendant resides in the district;
or
(b) the cause of action has arisen wholly
or in part within the district; or
(c) the chattel or thing the subject-matter
of the action is in the district.
4. A plaintiff may not split or divide any cause of
action for the purpose of bringing two or more actions in any
of the courts; but any plaintiff having a cause of action for
more than one hundred thousand dollars, for which a claim
might be entered if not for more than one hundred thousand
dollars, may abandon the excess, and shall thereupon, on
proving his case, recover to an amount not exceeding one
hundred thousand dollars; and the judgment of the court
upon the claim shall be in full discharge of all demands in
that cause of action, and entry of the judgment shall be made
accordingly.
5. An executor or administrator may sue or be sued in
the court in like manner as if he were a party in his own right,
and judgment and execution shall be that which, in the like
case, would be given or issued in the High Court.
6. Any person under the age of twenty-one years may
prosecute any action in the court for any sum of money, not
exceeding five hundred dollars, due to him for wages or piece
work or for work as a servant, in the same manner, and with
the same liability to the payment of costs if he is unsuccessful
in his action, as if he were of full age.
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Procedure
where several
persons jointly
answerable.
Statement of
claim.
Summons to
defendant.
Misnomer in
plaint or
summons.
Service of
summons.
7. Where a plaintiff has any claim against two or
more persons jointly answerable, it shall be sufficient if any of
those persons is or are served with process, and judgment
may be obtained and execution issued against the person or
persons so served, notwithstanding that others jointly liable
have not been sued or served or are not within the
jurisdiction of the court; and every person against whom the
judgment has been obtained, and who satisfies it, shall be
entitled to demand and recover in the court contribution from
any other person jointly liable with him.
PART II
INSTITUTION OF ACTION
8. A plaintiff shall lodge with the clerk of the court a
statement in writing of his claim (hereinafter called a plaint)
made out in duplicate, and shall at the same time pay the
proper fees thereon.
9. The clerk of the court shall thereupon issue a
summons directed to the defendant, requiring him to appear
at a certain time, being not less than three days from the date
of the service of the summons, and at a certain place, before
the court to answer to the plaint.
10. No misnomer or inaccurate description of any
person or place in a plaint or summons shall vitiate it, if the
person or place is therein described so as to be commonly
known:
Provided that if the misnomer or inaccurate description
appears to the court at the hearing to have deceived or misled
the defendant, the court may make any necessary
amendments, and, if it is expedient to do so, adjourn the
further hearing of the case upon any terms the court thinks fit.
11. (1) Service of the summons shall be made by
leaving it, with a copy of the plaint annexed thereto, with the
defendant personally, or at his residence, or with some person
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Schedule 2
Notice of
special
defence.
at his last or most usual place of abode or at his place of
business, and by explaining in the latter case to that person
the nature and import of the documents, and also requesting
him to deliver them to the defendant without delay.
(2) If it is proved upon oath, to the satisfaction of
the magistrate, that the defendant—
(a) keeps out of the way or keeps his
house closed to avoid service of the
summons; or
(b) has departed from Guyana for the
purpose of evading his liabilities
without leaving any legally
authorised person to represent him,
then, in either of those cases, service shall be made by affixing
the summons, with a copy of the plaint, on one of the doors of
the defendant’s residence or of his last or most usual place of
abode or place of business.
12. (1) Subject to the power of amendment conferred
by this Act, no defendant shall be allowed to set off, or set up
by way of counter-claim, any debt or demand claimed or
recoverable by him from the plaintiff, or to set up by way of
defence, and to claim and have the benefit of, infancy, or
limitation, or his discharge under any statute relating to
bankruptcy or insolvency, without the consent of the plaintiff,
unless the prescribed notice thereof has been given to the
clerk of the court.
(2) The clerk of the court shall, as soon as
conveniently may be after receiving the prescribed notice,
communicate it to the plaintiff by post, or by causing it to be
delivered at his last or most usual place of abode or at his
place of business, but it shall not be necessary for the
defendant to prove at the hearing that the notice was
communicated to the plaintiff by the clerk of the court.
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Payment into
court by
defendant.

Apprehension
of defendant in
certain cases,
and procedure
thereon.
[4 of 1972]
13. (1) The defendant may, at any time before the
hearing, file a consent in writing to judgment or he may pay
into court any sum of money he thinks a full satisfaction for
the claim of the plaintiff, together with the costs incurred by
the plaintiff up to the time of the payment.
(2) Notice of the payment shall without delay be
communicated by the clerk of the court to the plaintiff by
post, or by causing the notice to be delivered at his last or
most usual place of abode or at his place of business.
(3) The money so paid shall without delay be
paid by the clerk of the court to the plaintiff; but if the
plaintiff elects to proceed and recovers no further sum in the
action than that so paid into court, he shall pay to the
defendant the costs incurred by him in the action after that
payment, together with compensation, not exceeding five
dollars if the magistrate thinks fit; and an order shall
thereupon be made by the magistrate for the payment of
those costs, or costs and compensation, by the plaintiff, to be
recovered as in the case of a judgment against him.
14. (1) Where the plaintiff, at any time before final
judgment, proves, by evidence upon oath to the satisfaction of
the magistrate—
(a) that the plaintiff has good cause of
action against the defendant to an
amount exceeding one hundred and
fifty dollars and within the
jurisdiction of the court; and
(b) that there is probable cause for
believing that the defendant is about
to quit Guyana unless he is
apprehended; and
(c) that the absence of the defendant from
Guyana will prejudice the plaintiff in
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the recovery of what is claimed,
the magistrate shall issue a warrant for the apprehension of
the defendant, who, if arrested, shall be served with the
duplicate of the plaint at the time of arrest, unless he has been
previously served therewith.
(2) The defendant shall, on his arrest, be brought
forthwith before the magistrate under whose warrant he has
been arrested, and the action shall then be heard and
determined and all proceedings consequent thereon be
immediately taken, or the magistrate may, if he thinks fit,
adjourn the hearing for a reasonable time, whereupon he may
liberate the defendant in either of the following cases, but not
otherwise, that is to say—
(a) if the defendant deposits with the
magistrate, by way of security, a sum
equivalent to the sum appearing to be
probably due, and the costs of the
action and otherwise, or if the
defendant gives security to the
plaintiff by bond of the defendant and
one sufficient surety, to be approved
of by the magistrate, in a penalty
double the sum appearing to be
probably due, conditioned for the
defendant’s appearance before the
magistrate at the hearing, the bond
remaining in the custody of the clerk
of the court;
(b) if an adjournment is made and the
defendant fails to make the deposit or
to give the security aforesaid, then the
magistrate may commit him to prison
for safe custody until the action is
finally heard and determined:

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Provided that—
(i) the commitment shall not
be for a term exceeding
seven days, without
prejudice, however, to
the power of the
magistrate to remand the
defendant from time to
time, but so that the
imprisonment shall not
exceed one month; and
(ii) upon the final
adjudication of the
action, the magistrate
shall order the liberation
of the defendant if he is
then in custody;
(c) if judgment is given for the plaintiff at
the hearing, the magistrate may pay
to the plaintiff out of the sum, if any,
deposited as security by the
defendant, the amount of the debt and
costs, and shall repay the surplus, if
any, to the defendant; and
(d) if a bond is given as aforesaid and the
defendant does not appear at the
hearing, then, if judgment is given for
the plaintiff, the magistrate shall, on
demand, deliver the bond to the
plaintiff, and the plaintiff, on suing on
the bond, may, together with the costs
of the action, recover the debt and
costs awarded by the magistrate:
Provided that, if the defendant appears at the hearing of
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Summonses for
witnesses.
Schedule.
Form 3.
Witness not
appearing, or
refusing to
testify.
[6 of 1997]
the action, the magistrate shall in that case, when judgment
has been given, cancel the bond and deliver it up to the
defendant.
15. (1) Either of the parties to an action or matter may,
on paying the proper fees, obtain from the clerk of the court
summonses for witnesses to appear at the hearing of the
action or matter and give evidence, or give evidence and
produce any books, deeds, papers, writings, or articles in
their possession or control.
(2) The provisions hereinbefore contained with
respect to service of summons on a defendant shall, mutatis
mutandis, apply to service of summons on a witness.
16. (1) Everyone on whom any summons for a witness
has been duly served, and to whom at the same time payment
or a tender of payment of expenses, according to the
prescribed scale, has been made, and who refuses or neglects,
without sufficient cause, to appear and give evidence, or to
give evidence and produce any books, deeds, papers,
writings, or articles in his possession or control, in obedience
to the summons of, and also everyone present in court who is
required to give evidence and refuses to be sworn or to give
evidence accordingly, shall be liable on summary conviction
to a fine nineteen thousand five hundred dollars.
(2) The whole or any part of the fine shall, after
deducting the costs, be applicable, in the discretion of the
magistrate, towards indemnifying the party injured by the
refusal or neglect, and the remainder thereof, if any, shall be
received and accounted for by the clerk of the court.

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Court room.
Mode of
appearance.
Non-appear-
ance of plaintiff
or failure to
prove his case.
PART III
HEARING AND JUDGMENT
Hearing of Action
17. The room or place in which the court is held for
the purpose of hearing causes under this Act shall be deemed
an open and public court, to which the public generally may
have access, so far as it can conveniently contain them.
18. Either party may be represented by counsel, and,
for any reason appearing to him to be sufficient, the
magistrate may allow a relative, servant, or agent of the
plaintiff or of the defendant, having an authority in writing
for that purpose, to appear and represent the plaintiff or
defendant.
19. (1) If, on the day of hearing or at any adjournment
of the court or cause, the plaintiff does not appear or
sufficiently excuse his absence, the cause shall be struck out;
and if he appears but does not make proof of his claim, to the
satisfaction of the court, the magistrate may nonsuit him or
give judgment for the defendant; and in either case, where the
defendant appears and does not admit the claim, the
magistrate may award the defendant, in addition to costs, a
further sum, not exceeding five dollars, by way of
compensation for his trouble and attendance, which the
magistrate in his discretion thinks just. That sum shall be
recoverable from the plaintiff in like manner as any debt
adjudged under this Act; and no action shall be brought in
respect of the same cause of action until the sum and costs
have been paid.
(2) If the plaintiff does not appear when called
upon, but the defendant appears and admits the cause of
action to the full amount claimed, and consents to pay the
fees payable in the first instance by the plaintiff, the
magistrate may, if he thinks fit, proceed to give judgment as if
the plaintiff had appeared.
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Defendant
failing to
appear.
When both
parties appear.
20. If, on the day of hearing or at any adjournment of
the court or cause, the plaintiff appears, but the defendant
does not appear or sufficiently excuse his absence, or neglects
to answer when called in court, the magistrate may, on due
proof of service of the summons, proceed to the hearing and
determination of the cause on the part of the plaintiff only,
and the judgment thereupon shall be as valid as if both
parties had appeared:
Provided that in any of those cases the magistrate may, at
the same or any subsequent sitting of the court, set aside any
judgment so given in the absence of the defendant, and the
execution thereupon, and may grant a new hearing, upon the
terms, if any, as to payment of costs, giving security, or
otherwise, he thinks just, on sufficient cause being shown to
him for that purpose.
21. (1) If, on the day of hearing, both parties appear,
the magistrate shall read out the plaint to the defendant and
shall require him to make his answer or defence thereto, and
shall thereafter hear and determine the cause without further
pleading or formal joinder of issue.
(2) The witnesses on both sides shall, unless the
court in any instance otherwise expressly orders, be called
and placed out of court and out of hearing, and, if the court
thinks fit, under the charge of the proper officer of the court
or of some other person appointed by the court for that
purpose.
(3) The court shall then proceed to hear the
plaintiff and any witnesses he examines, and any other
evidence he adduces, in support of his plaint, and also to hear
the defendant and any witnesses he examines, and any other
evidence he adduces in his defence, and also to hear those
witnesses whom the plaintiff, with leave of the court,
examines in reply.
(4) Subject to the power of amendment conferred
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Addresses.
Judgment on
conclusion of
hearing.


Judgment in
action for
recovery of
chattel.
Reference of
matter of
account to the
clerk of the
court.
by this Act, no evidence of any claim shall be given by the
plaintiff on the hearing, except that stated in the plaint.
(5) The magistrate shall, in every case, take notes in
writing of the evidence, or of so much thereof as is material,
in a book to be kept for that purpose, and the book shall be
signed by the magistrate at the conclusion of each day’s
proceedings.
22. The plaintiff shall be entitled to address the court
at the commencement of his case; the defendant shall be
entitled to address the court at the commencement or the
conclusion of his case, as he may think fit; and, if the
defendant has examined any witnesses or given any evidence,
the plaintiff may, with leave of the court, reply on the
conclusion of the cause.
Giving of Judgment
23. On the conclusion of the hearing, the court shall,
either at the same or at a subsequent sitting of the court, give
its judgment in the cause; and shall, if so required by the
plaintiff or defendant, give the reasons therefor in writing to
the plaintiff or defendant, as the case may be.
24. If the plaintiff in an action for the recovery of any
chattel or thing establishes his claim, judgment shall be given
either for the delivery of the chattel or thing, or for payment
of the value thereof as proved at the hearing, as the court
thinks fit, and in either case the court may award in addition
any damages the justice of the case requires.
Reference
25. The magistrate may, after deciding or reserving
the decision of any question of liability, refer to the clerk of
the court any mere matter of account which is in dispute
between the parties, and, after deciding the question of
liability, may, if he thinks fit, give judgment on the clerk’s
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Reference to
arbitration in
certain cases.
Transfer of
action.
report.
26. (1) The magistrate may, with the consent of both
parties to an action, order the action, with or without other
matters within the jurisdiction of the court in dispute between
the parties, to be referred to arbitration to the person or
persons, and in the manner, and on the terms he thinks
reasonable and just.
(2) The reference shall not be revocable by either
party except by consent of the magistrate; and the award of
the arbitrator or arbitrators, or of the umpire, as the case may
be, shall be entered as the judgment in the action, and shall be
as binding and effectual to all intents as if given by the
magistrate:
Provided that—
(a) the magistrate may, if he thinks fit,
with the consent of both parties, set
aside any award so given as aforesaid,
or revoke the reference, or order
another reference to be made in the
manner aforesaid; and
(b) it shall be competent for either party
to appeal from any award entered as
the judgment of the court, as in the
case of a judgment given by the
magistrate.
Powers relating to actions
27. (1) If, on the hearing of any application for that
purpose, the magistrate is satisfied by either party to any
action pending in his court that the action can be more
conveniently or fairly heard in some other court, he may
order that it be transferred to that court.
(2) In that case, the clerk of the court in which the
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Action brought
without
jurisdiction.
Second action
for same cause.

Adjournment.
Failure of
magistrate to
attend on day
of hearing.
action was commenced shall forthwith transmit, by post or
otherwise, to the clerk of the court to which it is to be sent a
certified copy of all the proceedings therein, and the
magistrate of the last-mentioned court shall appoint a day for
the hearing, notice whereof shall be sent, by post or
otherwise, by the clerk of that court to all parties interested,
and thenceforth all proceedings in the action shall be taken in
that court as if the action had been commenced therein.
28. Where an action is commenced in the court over
which the court has no jurisdiction, the magistrate shall order
it to be struck out, and shall have power to award costs in the
same manner, to the same extent, and recoverable in the same
manner as if the court had jurisdiction therein and the
plaintiff had not appeared or had appeared and failed to
prove his claim.
29. If any party sues another in any court for any
cause of action for which he has already sued him and
obtained judgment in the same or any other court, proof that
the former action was brought and judgment obtained may be
given, and the party so suing shall not be entitled to recover
in the second action, and may, if the court thinks fit, be
adjudged to pay three times the costs of the second action to
the opposite party.
30. The magistrate may in any case make any order
for granting time to the plaintiff or the defendant to proceed
in the prosecution or defence of the action, or he may from
time to time adjourn any court, or the hearing or further
hearing of any cause or matter, in manner to him seeming fit.
31. A cause shall not be deemed to have lapsed by
reason of the failure of the magistrate to attend on the day of
the hearing or adjourned hearing thereof, but in that case the
parties may again, on another day to the magistrate seeming
fit, be brought before the court by a verbal or written
notification from the magistrate or the clerk of the court.

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Order for new
hearing.
c. 3:04
Finality of
judgment.
c. 3:04
Payment of
judgment and
costs by
instalments.
Apportion-
ment and
payment of
costs.
32. If in any case the court is satisfied by an
unsuccessful party to an action that he was prevented by
causes beyond his control from placing his case fully before
the court at the first hearing of the action or that the judgment
was obtained by fraud or other improper conduct on the part
of the successful party the court may, if it thinks proper, order
a new hearing of the action to be had upon the terms it thinks
reasonable, and in the meantime stay the proceedings in the
action:
Provided that nothing in this section shall be construed
to take away or in any manner affect any right of appeal
under the Summary Jurisdiction (Appeals) Act.
33. Except as in the Summary Jurisdiction (Appeals)
Act and in this Act is otherwise provided, every judgment of
the court shall be final and conclusive between the parties;
but the court may nonsuit the plaintiff in every case in which
satisfactory proof is not given entitling either the plaintiff or
the defendant to judgment.
34. Where a judgment has been obtained, the
magistrate may order the amount thereof, and the costs, if
any, to be paid at the time or times and by the instalments, if
any, he thinks fit, but so that the whole time allowed shall not
exceed six months.
Costs
35. (1) All the fees and costs of any action or
proceeding in the court (including any arbitration) not herein
otherwise provided for, shall be paid by or apportioned
between the parties as the court thinks fit, and, in default of
any special direction, shall abide the event of the action or
proceeding.
(2) Execution may issue for the recovery of
those fees and costs in like manner as for the amount of any
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Duration of
judgment and
execution.
Enforcement of
judgment.
On judgment
for payment by
instalments.

Imprisonment
in certain cases.
c. 6:04

Cross
judgments.
judgment.
(3) The court shall have power to refuse costs in
whole or in part to either party.
36. Every judgment and every execution in the court
shall respectively be deemed to be discharged at the end of
four years after the date of the judgment.
PART IV
EXECUTION
Execution Generally
37. Whenever the court has given a judgment for the
payment of money, the amount, in case of default or failure of
payment thereof, shall be recoverable forthwith, or at the time
or times and in the manner thereby directed, by a writ of
execution, under the hand of the magistrate, against the
property of the party against whom judgment was given.
38. If the court has given judgment for payment of
any sum of money by instalments, execution thereon shall not
issue against the party until after default in payment of some
instalment according to the judgment, and execution may
then issue for the whole of the sum of money and costs then
remaining unpaid, or for such portion thereof as the court
may order, either at the time of giving judgment or at any
subsequent time.
39. The provisions of the Debtors Act, relating to the
imprisonment in certain cases of judgment debtors shall, with
the necessary modifications, apply to persons adjudged to
pay any sum of money by the court, and within the limits of
its jurisdiction the court shall be deemed to be within the
meaning of the term “the Court”, as defined in that Act.
40. If there are cross judgments between the parties to
any action, execution shall be taken out by that party only
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Writ of
execution.
Stay of
execution.
who has obtained judgment for the larger sum, and for so
much only as remains after deducting the smaller sum, and
satisfaction for the remainder shall be entered, as well as
satisfaction on the judgment for the smaller sum; and, if the
two sums are equal, satisfaction shall be entered upon both
judgments.
41. (l) At any time within four years after judgment, a
writ of execution may, on the application of the party
prosecuting the judgment, be issued by the clerk of the court,
to levy the amount and costs, or costs only, as the case may
be, and also all costs incurred subsequent to the judgment,
and the writ shall hold good for four years from the date of
the judgment.
(2) The writ shall be to levy on the movable
property of the person against whom it is issued, and, in
default of sufficient movable property, then on his immovable
property.
(3) In or upon the writ there shall be inserted or
endorsed the sum of money and costs adjudged, together
with the sum allowed as increased costs for the execution of
the writ.
(4) A levy may be made under the writ as often
as necessary until the said sums of money and costs are fully
paid and satisfied.
42. (1) If at any time it appears to the satisfaction of
the magistrate that any party to an action is unable, from
sickness or other sufficient cause, to pay and discharge the
amount of any judgment given against him or any instalment
thereof, the magistrate, in his discretion, may suspend or stay
any judgment given or execution issued in the action, for the
time and on the terms the magistrate thinks fit, and so from
time to time until it appears that the cause of inability has
ceased.

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Terms of writ
and entry of
time of
application
therefor.
Movable
property
seizable in
execution.
[4 of 1972]
(2) The magistrate may also at any time order the
discharge of any debtor confined in prison by order of the
court, who, on account of sickness, insanity, or other sufficient
cause, ought, in the opinion of the magistrate, to be
discharged.
Execution against Movable Property
43. (1) The writ of execution shall be addressed to the
bailiff, and by it the bailiff shall be empowered to levy or
cause to be levied, by distress and sale of the movable
property of the party, wherever it may be found in Guyana,
the sum of money so ordered, and also the costs of the
execution; and all peace officers within their several
jurisdictions shall aid in the execution of the writ.
(2) The precise time when an application is made
to the clerk of the court to issue a writ against the property of
a party shall be entered by him in the proper book and on the
writ; and when more writs than one are delivered to the
bailiff to be executed, he shall execute them in the order of the
times so entered.
44. Every bailiff executing any process of execution
issuing out of any court against the movable property of any
person, may by virtue thereof—
(a) seize and take any of the movable property
of that person (except his and his family’s
wearing apparel and bedding and, to the
value of one hundred dollars, the tools and
implements of his trade, which shall be
protected from seizure); and
(b) seize and take any money or bank notes,
cheques, bills of exchange, promissory
notes, bonds, or other securities for money,
belonging to the person against whom the
execution has been issued; and
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Demand of
payment before
executing writ.

Execution sale
of movable
property.
(c) attach any salary, wages, or other sums of
money due to that person.
45. (1) Before executing any writ of execution, the
bailiff shall demand from the party against whom it is issued,
if he can with reasonable diligence be found, payment of all
moneys demandable under the writ: and on non-payment
thereof shall forthwith execute the writ according to its tenor.
(2) If the bailiff is otherwise unable to execute the
writ, the magistrate may, by writing under his hand endorsed
upon the writ, authorise him to break open any doors for that
purpose.
46. (1) Movable property taken under any writ of
execution shall remain in the custody of the bailiff until sale
and delivery to a purchaser.
(2) If the property is of a perishable nature, or,
if not, then with the consent in writing of the party against
whom the writ has been issued, the bailiff may sell it at any
time before that at which it would otherwise be sold.
(3) Property levied on shall be set up for sale by
public auction not less than five days and not more than ten
days after levy thereon:
Provided that—
(a) the bailiff may, if he is unable from
want of time to complete the sale,
adjourn it to some other day, not
more than three days distant, and so
on as often as may be necessary; and
(b) the magistrate may, if he thinks fit,
direct that the sale shall be postponed
for any time not exceeding twenty-
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Dealing with
securities for
money.
eight days after the levy.
(4) Wherever the property levied on is apparently
over one hundred dollars in value, it shall be set up for sale
by the bailiff in the district in which the levy is made, and at
the principal magistrate’s court therein:
Provided that the magistrate may, if he thinks fit, in any
particular case direct the sale to be held at any other place in
the district.
(5) Every sale shall take place between the hours of
seven o’clock in the morning and three o’clock in the
afternoon, and everything set up for sale shall be knocked
down to the highest bidder for ready money.
(6) Notice of the day and hour of sale of any
horses, mules, or horned cattle, and of any other movable
property, apparently over one hundred dollars in value,
levied on, shall be published in a newspaper of Guyana four
days at least before the day of the sale, and a copy of the
notice shall, within that time, be posted on the door of the
principal magistrate’s court of the district in which the levy is
made.
47. (1) The bailiff shall forthwith deliver over to the
clerk of the court any cheques, bills of exchange, promissory
notes, bonds, or other securities for money seized or taken
under any writ of execution, and the clerk shall hold them as
a security for the amount directed to be levied by the
execution, or so much thereof as has not been otherwise
levied or raised, for the benefit of the party on whose behalf
the writ was issued.
(2) The party may sue in the name of the party
against whom the writ was issued, or in the name of any
person in whose name the latter party might have sued, for
the recovery of the sum or sums secured or made payable
thereby, when the time of payment thereof has arrived.
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Priority of
execution
issuing out of
High Court and
magistrate’s
court.

Execution upon
immovable
property.
48. Where a writ against the movable property of a
party has issued from the High Court, and a writ against the
movable property of the same party has issued from a
magistrate’s court, the right to the property taken shall be
determined by the priority of the time of the delivery of the
writ to the Registrar of the Supreme Court to be executed, or
of the application to the clerk of the court for the issue of the
writ to be executed, and the Registrar shall, on demand, by
writing signed by himself or any clerk in his office, inform the
bailiff of the precise time of the delivery of the writ to the
Registrar and the bailiff shall, on demand, show his writ to
any marshal, and the writing purporting to be so signed and
the endorsement on the writ shall respectively be sufficient
justification to any bailiff or marshal acting thereon.
Execution against Immovable Property
49. (1) If no movable property of the party against
whom execution has been issued can, with reasonable
diligence, be found, or if that property is insufficient to satisfy
the judgment, and the party is the owner of any immovable
property, the party prosecuting the judgment may apply, by
petition, to a judge of the High Court for a writ of execution
against that immovable property; and on his satisfying the
judge by an affidavit of the bailiff or otherwise to the effect
aforesaid, he shall be entitled to the writ.
(2) By virtue of the writ the Registrar of the
Supreme Court shall levy upon and sell the property at
execution sale and deal with the proceeds thereof in like
manner as provided by statute or rules of court in respect of
other sales at execution of immovable property by the
Registrar.
(3) Title to any immovable property so sold shall
be granted by the High Court to the purchaser in like manner
as title is for the time being granted in respect of other
immovable property sold in execution.

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Execution
against
buildings.

Payment of
amount after
levy.

Order of
commitment.
c. 6:04
50. (1) For the purpose of executing any process of
execution issuing out of a magistrate’s court under this Act,
every house or other building belonging to the owner of the
land on which it stands shall be dealt with as immovable
property and be leviable accordingly, and where any house or
other building is on leased land, the right, title and interest of
the owner of the house or other building in and to the land
comprised within the lease shall be sold, together with the
house or other building, and the same shall be dealt with as
movable property.
(2) In any case last aforesaid any rent reserved by
the lease and remaining unpaid for a period not exceeding six
months prior to the date of sale shall be a first charge on the
proceeds of the sale next after the costs of and incidental to
the sale have been satisfied.
51. If the party against whom execution has been
issued, after levy and before any actual sale of his movable or
immovable property, pays or tenders to the bailiff or to the
Registrar, as the case may be, the sum of money and costs
mentioned in the writ of execution, or that part thereof which
the person entitled thereto agrees to accept in full of his debt
or damages and costs, together with the fees mentioned in the
writ, the execution shall be superseded, and the movable or
immovable property of the said party so levied upon shall be
discharged and released.
Commitment, etc.
52. (1) Whenever any order of commitment under the
Debtors Act has been made by the court, or any warrant of
attachment has been ordered by the court to be issued, the
order or warrant shall be directed to the bailiff of any court,
who shall be empowered thereby to take the body of the
person against whom the order has been made or warrant
issued.
(2) All peace officers within their several
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Effect of
irregularity in
proceedings.
Accounting by
bailiffs and
magistrates in
certain cases.
[6 of 1997]
Third party
procedure.
jurisdiction shall aid in the execution of every order or
warrant aforesaid; and the superintendent or keeper of every
prison mentioned in the order or warrant shall be bound to
receive and keep the person therein mentioned until he is
discharged under this Act or otherwise by due course of law.
53. No bailiff in executing any writ of execution, and
no person at whose instance it is executed, shall be deemed a
trespasser by reason of any irregularity or informality in any
proceedings on the validity of which the writ depends, or in
the form of the writ, or in the mode of executing it; but the
party aggrieved may bring an action against the party guilty
thereof for any special damage he may have sustained by
reason of the irregularity or informality.
54. (1) All moneys coming to the hands of a bailiff
shall be accounted for and paid by him to the clerk of the
court at the next sitting of the court after the receipt thereof,
and in default of so doing, he shall be liable on summary
conviction to a fine of nineteen thousand five hundred
dollars, in addition to any other punishment to which he may
be liable.
(2) All moneys belonging to suitors in the hands
of a magistrate remaining undrawn for six months after their
receipt shall then be paid over by him to the Accountant
General, who shall carry them to an account to be styled
“Magistrates’ Courts Suitors’ Moneys,” and any sum of
money appearing in that account shall then be payable only
on the written order of a magistrate.
PART V
MISCELLANEOUS PROVISIONS
Interpleader
55. (1) On application made by or on behalf of any
defendant before the hearing of any action, to the effect that
he does not claim any interest in the subject matter of the
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Claim by third
party to
movable
property taken
in execution.
action, but that the right thereto belongs to some third party
who has sued or is expected to sue for the same, and that he
does not collude with the third party, the court shall issue a
summons to the third party as the plaintiff in an action on a
feigned issue, in which action the defendant in the original
action shall be the defendant; and the court shall hear and
determine that action in a summary way, and the judgment
shall be final, subject to the right of either party to appeal
therefrom, and in the meantime all proceedings in the original
action shall be stayed.
(2) If the third party does not appear after having
been duly summoned, any judgment given with regard to
him shall be final and in bar of any claim he may have as
against the defendant, subject, however, to the aforesaid right
of appeal.
56. (1) Where any person desires to make a claim to
any movable property taken in execution under the process of
the court or to the proceeds or value thereof, he shall make
the claim in the court of the district where the writ issued or
in the court of the district where that property was taken in
execution.
(2) The court shall thereupon, on the application
of the bailiff who levied the execution or of the party on
whose behalf the writ was issued, summon the party making
the claim as the plaintiff, and the party on whose behalf a writ
was issued as the defendant, to appear before it; and shall
thereupon proceed to hear and determine the matter in a
summary way as in an ordinary action, and the judgment as
between the parties shall be final, subject to the right of either
party to appeal therefrom.
(3) The court shall have the same powers under
this and the last preceding section as in an ordinary action
before it, and costs shall be apportionable and recoverable in
the same manner as in an ordinary action.

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c. 3:05

Deposit of
value of
property taken.

Powers of
amendment.

Issuing
process.
(4) Fees to be demanded in all interpleader
actions under this section shall be those chargeable and
payable in ordinary actions as set forth in Table A in the
Schedule to the Summary Jurisdiction (Magistrates) Act.
57. Where any such claim as aforesaid is made, the
claimant may deposit with the bailiff either the amount of the
value of the goods claimed, that value to be fixed by
appraisement in case of dispute, to be by the bailiff paid into
court to abide the decision of the court upon the claim, or the
sum which the bailiff shall be allowed to charge as costs for
keeping possession of the goods until the decision can be
obtained, or may give to the bailiff, in the prescribed manner,
security for the value of the goods claimed, and, in default of
the claimant so doing, the bailiff shall sell the goods as if the
claim had not been made, and shall pay into court the
proceeds of sale to abide the decision of the court.
Amendment
58. (1) A magistrate may at all times amend all
defects and errors in any proceeding in the court, whether
there is anything in writing to amend by or not, and whether
the defect or error is that of the party applying to amend or
not.
(2) Amendments may be made with or without
costs and upon the terms the magistrate thinks just; and all
amendments necessary for the purpose of determining the
real question in controversy between the parties shall be so
made, if duly applied for.
Process
59. (1) Every summons, writ of execution, or other
process shall be under the hand of the magistrate who issues
it, and no seal shall be necessary.
(2) Every summons, writ, or other process shall
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Proof of service
of process by
bailiff or
constable.
[51 of 1932]

Proof of
service.
be directed to the bailiff, and shall be executed by him, and,
when a return is required, the bailiff shall endorse thereon the
return in writing and sign it:
Provided that—
(a) the magistrate may, with the sanction
of the Minister responsible for the
police, direct that the service of
summonses shall be effected, either in
whole or in part, by police or rural
constables, and the service shall be
effected accordingly; and
(b) any direction given under this section
may at any time be rescinded in the
same manner as that in which it was
made.
60. Where it becomes necessary to prove the service
of any summons, notice, order or other process whatsoever
issued under this Act which has been served by a bailiff or
constable a return of service in Form 8 in the Schedule,
purporting to be signed by the bailiff or constable, shall be
received in all courts as prima facie evidence of the facts stated
in the return without proof of the signature or official
character of the bailiff or constable.
61. (1) In every proceeding in the court in which it is
necessary to prove the service of any summons, notice, order,
or other process whatsoever of the court upon any person, it
shall be deemed to be sufficient proof of that service if the
bailiff or constable is duly sworn to an affidavit of the service.
The affidavit may be sworn by and before any magistrate,
justice of the peace, or, if authorised for that purpose by the
Chief Justice, the clerk of the court.
(2) The affidavit shall be received in evidence in
any proceeding in any court, without proof of the signature or
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Keeping of
record book of
causes.

Keeping of
cash book and
other records.
of the official character of the bailiff or constable making it or
of the person before whom it is made; and the onus of
showing that any service referred to in the affidavit was not
made in accordance with the tenor of the affidavit shall be on
the party objecting.
(3) Affidavits of service shall be numbered by the
clerk of the court consecutively in the order in which they are
received and be filed as of record in the court in which they
are entitled; and in every case in which an affidavit is used, it
shall be sufficient to note on the proceedings its number and
the court in which it is filed.
Books and Records
62. (1) The clerk of the court shall keep a record book
of causes under this Act, and therein shall be entered, in the
proper columns respectively, the number of the cause, the
date of filing the plaint, the name of the plaintiff, the name of
the defendant, the substance of the plaint, the names of the
witnesses tendered and examined or rejected, with the
reasons for the rejection, the date of the judgment, a minute of
the judgment, the name of the magistrate adjudicating, and
the costs.
(2) If the court refuses to entertain or dismisses a
plaint, the clerk shall enter the refusal or dismissal, with the
grounds thereof, in the record book.
(3) The record book shall also contain an index of
the names of the plaintiffs and of the defendants.
63. (1) The clerk of the court shall keep a cash book in
the prescribed form, which shall contain a full account of all
moneys received and paid by him under this Act.
(2) The clerk of the court shall also keep any
other books and records prescribed for the purposes of this
Act.
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Custody of
records.

Use of forms.
s. 65
[4 of 1972]
s. 9
64. All the books and records kept by the clerk of the
court for the purposes of this Act shall remain in the district
and be kept in the custody of the clerk.
65. Subject to the rules, the Forms in the Schedule,
with the variations and additions which the circumstances of
the particular case require, may be used in the cases to which
they respectively apply, and when so used shall be good and
sufficient in law.
____________
SCHEDULE
FORMS
1
SUMMONS TO DEFENDANT
In the ................ Magistrate’s Court.
(CIVIL JURISDICTION)
.................... Plaintiff,
v.
.................... Defendant.
To ................... of ......................
You are hereby summoned to be and appear at
..............o’clock, .......m., on..........day, the ..........day of
..............20.........,at ..................... before the said court, to answer
in an action brought against you by ................... a copy of
whose claim is hereto annexed; and take notice that, in default
of your so doing, the said ............ may proceed to judgment
and execution against you.
Dated this .............day of .................20.......
(Signed)
..........................................
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s. 11
s. 15
Magistrate, ....................
District.
2
AFFIDAVIT FOR SUBSTITUTED SERVICE
In the ....................Magistrate’s Court.
(CIVIL JURISDICTION)
....................Plaintiff
v.
.................Defendant.
Personally appears ...................of ...................before me,
the under signed magistrate for the ...................district, and
makes oath and says that .................of ..................is the
defendant in this action; and that...................
Sworn before me this ................day of ............... 20 .........
(Signed) .....................................
Magistrate, ..............
District.
____________
3
SUMMONS TO WITNESS
In the.................... Magistrate’s Court.

(CIVIL JURISDICTION)
.................... Plaintiff,
v.
.................... Defendant.
To .................of ....................
You are hereby required to attend at ............o’clock,
............m., on ................day, the ............day of ........... 20...........,
at ............... before the said court, as a witness in the above
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s. 37
cause on behalf of the ................. [And you are also hereby
required to bring with you
............].
In default of so doing, you will be liable to a fine not
exceeding nineteen thousand five hundred dollars.
Dated this ........... day of ..................20........

(Signed)............................................
Magistrate,
..................District.
________
4
WRIT OF EXECUTION
In the ...........................Magistrate’s Court.
(CIVIL JURISDICTION)
.................... Plaintiff,
v.
.................... Defendant.
To ................ Bailiff of the Court.
Whereas on the .............. day of ..............20......, judgment
was obtained by ................against .................... for the sum of
................ together with ................for costs:—This is therefore
to authorise you to levy the same, with all subsequent costs as
allowed by the Summary Jurisdiction (Magistrates) Act, on
the movable property of the said.................(the bedding and
wearing apparel of himself and his family, and, to the value of
one hundred dollars, the tools and implements of his trade
only excepted), and, in default of movable property sufficient
to satisfy the said judgment, with all costs, then this
execution is to be levied on his immovable property in
accordance with the Summary Jurisdiction (Petty Debt) Act.
Dated this .............day of .............20...........
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s. 55
s. 56

(Signed)...........................................
Magistrate,
......................District.
___________
5
INTERPLEADER SUMMONS TO THIRD PARTY
In the ..................... Magistrate’s Court
(CIVIL JURISDICTION)
...................... Plaintiff
v.
...................... Defendant
To ............... of....................
Take notice that ............ the above-named defendant, of
...............has made application to me, the undersigned
magistrate for the............ district, that he does not claim any
interest in the subject matter of the above-named action, but
that the right thereto belongs to you, the said.................:—
This is therefore to require you to be and appear at
................o’clock, ...............m., on ..............day, the .............day
of
.................20........, at ..............before the said court, to do all
matters and things touching the premises by law required of
you.
Dated this ............day of........... 20.......

(Signed)...........................................
Magistrate,
.......................District.
____________
6
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s. 56
INTERPLEADER SUMMONS TO PARTY CLAIMING
MOVABLE PROPERTY TAKEN IN EXECUTION
In the.....................Magistrate’s Court.
(CIVIL JURISDICTION)
...................Plaintiff,
v.
...................Defendant.
To ................. of .....................
You are hereby required to be and appear at
...................o’clock,
...........m., on ..............day, the ...............day of .................20
.......... at ...............before the said court, in order that the said
court may hear the allegations which you may have to make
in the matter of the claim which you have made to certain
.............taken in execution by ............. bailiff of the said court
by virtue of a process issued by the said court at the suit of
................... against ..................and to do all matters and things
touching the premises by law required of you.
Dated this ............. day of .................20.........
(Signed)
......................................
Magistrate,
................District
____________
7
INTERPLEADER SUMMONS TO PARTY ON WHOSE
BEHALF EXECUTION ISSUED
In the ...................Magistrate’s Court.
(CIVIL JURISIDICTION)
........................ Plaintiff
LAWS OF GUYANA
Summary Jurisdiction (Petty Debt) Cap. 7:01 39
L.R.O. 1/2012
s. 60
51 of 1932
v.
........................ Defendant
To ............. of .............
Take notice that ................ of ...................has, by his notice
in writing dated the ............day of ..............20........, and
addressed to ............... bailiff of the said court, made claim to
certain ........................taken in execution under a process
issued by me, the undersigned magistrate for the
....................district, and bearing date the .................... day
of.................20........, in an action in which you are............and
..............is ................ and that the said ................has made
application to me to summon before me and hear the
allegations of as well the party at whose instance that process
issued as the party making the claim:— This is therefore to
require you to be and appear at ................o’clock,...............m.,
on ................day, the ............. day of ..............20......,at .............
before the said court, to do all matters and things touching the
premises by law required of you.
Dated this ...............day of .................. 20.......

(Signed)..................................
Magistrate,................
District.
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8
RETURN OF SERVICE BY A BAILIFF OR CONSTABLE
In the .................... District Magistrate’s Court.
Between Plaintiff,
Complainant, or
Informant.
and,
I, (1)............. , (2) ................ hereby certify that on the ............
day of .............. 20 ........., at (3) ...............I served (4) ............, a
LAWS OF GUYANA
40 Cap. 7:01 Summary Jurisdiction (Petty Debt)
L.R.O. 1/2012
s. 61
true copy of which is hereto annexed, on (5) .............. of (6)
.................. by (7) ....................
Dated this ...........day of ............... 20 ..............

(Signed)............................................
(1) Full names.
(2) Official position (bailiff, police or other constable, etc.).
(3) Place where process served.
(4) State nature of process served (summons, order, etc.).
(5) Name of person on whom process served.
(6) Address of person served.
(7) State mode of service.
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9
AFFIDAVIT FOR USE IN PROVING SERVICE OF PROCESS
No.....................
Return of service of process in respect of petty debt
causes for the ...................magistrate’s court.

Name
of
Plaintiff
Name of
defendant
Document
served
Date of
service
Place of
service
Mode of
service

I do swear that the above return of service is true and in
accordance with the facts of the service.
LAWS OF GUYANA
Summary Jurisdiction (Petty Debt) Cap. 7:01 41
L.R.O. 1/2012
s. 62
(Signed)....................................
Deponent
Sworn before me by the above-named deponent
................. this ............. day ............ 20......
(Signed)....................................
Magistrate, ............ District [or as the case may be].
Note.—In filling up the several columns it will be sufficient to
write— in column one and column two, the initials of
Christian names, giving surnames in full; and in column six,
the words “personally,” or on “wife,” “son,” “daughter,”
“attorney,” “agent,” “clerk,” or “servant”, or as the case may
require.
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10
RECORD BOOK OF MAGISTRATE’S COURT
Record Book of petty debt causes in the
..................magistrate’s court from the ............ day of ................
20 .........., to the .............day of...................20...............
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