JUDICATURE (RESIDENT MAGISTRATES) 1
THE JUDICATURE (RESIDENT MAGISTRATES)
ARRANGE- OF SECTIONS
1. short titb.
3. Constifution and jurisdiction of Court for each parish.
3 ~ . Judication of Resident Magistrates’ Courts for the Corporate
4. Appointment and jurisdiction of Resident Magistrate.
5. Power to assign Court to more than one Resident Magistrate.
6. Power to assign more than one Ildfish to a Magistrate.
7. One Resident Magistrate may act for another.
8. Appointment of Stipendiary Magistrate.
9. Custody of the Records of District Courts,
10. Courts of Remrd
Appointmm of Resident Mogisrrme rvld Clerk
of fha courts
12. Qualification of Reaidcnt MagistmW
13. Transfer of Magistrate and Ckrk.
14. Salary and travehg of Magbtmtk
15. TO be Justices for Island.
16. Appointment of Clerks of the Court%
17. Additional Clerks of the courts.
18. Power to appoint Clerk to more than one prish.
19. Qualification of Clerks of the &UN.
20. Appointment of Assistant Clerks.
21. Appointment of Deputy Clerks.
22. Qualification of Deputy Clerks of the Cam.
23. Powers and protection of Deputy Clerks.
a. Limitation of powers of Deputy Clerks.
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2 3UDICATURE (RESIDENT MAGISTRATES)
25. Business prohibited to Magistrates and clerks.
26. Residence of Magistrates and Clerks
21. Notes of evidence.
28. Actions by and against hfagistrate.
29. Temporary appointment of Magistrates or Clerks.
30. Quarterly reports by Magistrates.
31. Report by Magistrate on uncompleted cases.
32. Judges of Supreme Court to examine reports.
Duties of Clerks
33. lssuing process. registering judgments. etc.
34. [Repealed by Acr 40 of 1997.1
35. [Repealed by Acr 40 of 1997.1
36. To keep records of all civil proceedinga
37. Destruction of papers and documents after certain periods.
38. Destruction of records after 20 years.
39. Certified copies of entries in book evidence.
40. Clerk nced not prosecute in preliminary examination for indictable
41. Uttering or acting under false copies of records 01 process.
Court Administrators and Accounrunts
41n. Appointment of Cour t Administrators and Accountants.
41s. Functions of Couri Administrators.
41c. Functions of Accountants.
42. Appointment of Bail& and appointment and dismjsal of
43. procedure as to the appoinmat of Assistant Bairns.
44. An Assistant Bailiff to be stationd at each Court House i f
45. Powers and remuaeratim of Assistant BailBs in case of death or
46. Appointment, powers. fees and salary of additional Bailiff.
47. BailiEs. etc., limited to one Court except where me Migistrate
48. Duties. fees and nqmsibility of Bailifls.
ranoval of Bailiff.
is appointed to two parishes.
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JUDICATURE (RESIDENT MAGISTRATes)
49. Appointment of Spcdal BaWf.
50. Execution of warrant of commitment
51. Duty of Bailiff, etc., to keep accounts.
52. Receipt books to be kept and receipt given only from these books
53. Bailill to make monthly returns of writs of execution and of what
Examination of Bailifis’ n t u m s with Coutlterfoila etc., and
has been done under thcm.
certificates or other dealings.
54. Examination of the Bailiff on oath.
55. Bailifi to deliver process to the Magistrate when required
56. JhiIiE‘s salary and f a s
Certiticate as to the result of examination.
Action against opers . etc.
57. Action by and against ollicers of C o ~ .
58. Power to Magistrate to enquire into the conduct of officers of
his Court and to deal with chses of extortion, misconduct, or
neglect of duty.
59. Power to Magistrate to appoint person to m u t e any order on
officers of chlrta
60. Assaulting Bailitf or oilicer in discharge of his duty or obgtructing
or rescuing levy.
61. Protection of Offioers executkg imgular or informal w a m L
62. Actions for anything dme in otediencc to a warrant of the Court.
Dtrries of Resident Mugistrufe
63. Duty Of hkm t0 8-d €d cOIIltS Of kS3bU vithin
63~. Weekly enquiries by Resident Magistrates.
64. Magistrate to take all preliminary examinations of charges of
65. Ma-te to preside in hin Court. extent of bia j w i d c t h
66. Fixing the times and places for holding Courta of Petty Session8
67. Magistrate’s jurisdiction m Chambers
68. Magistrate may appoint times and places far sitting in Chambcm
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indictable o & a o c ~
and Resident Magistrates’ Courts.
4 JUDICATURE (RESIDENT MAGISTRATE9
69. Jurisdiction m Chlambers may be hcrrassd by
M. ayamber applications may bc made in Court or &d to the
Iun&m of &aid& Ma@tmte's Cwr
(6) - z.nw
71. Jurisdiction of the Court in all common law C h h bclow Ce&
72 3- in all Eommofl law aetioar by CDDlCIlt ot prtiu
73. Prohibition of division of cause of action and pcrmirsion to
74. Jurisdiction in cases of balances not ex- $250,000.
75. Jurkliction in cases not exoeQdinB $250,003 of balanoes of partner-
ship accounts, legacy or intestate estates.
16. Evidence to be confined to cause of action sued.
abandon ex- over prcscribcd monctary limit
@) I W r n W l
n. ~ r o e c d u n i n d p o w t r d t h e c ~ ~ ~ ~ ia-ofctirmto-et~..
taken in execution of the process of the Court
78. aaimrnt may deposit d u o of goods claimed or pay for theif
80. Replevin to issue on e t y being given.
84. Jurisdiction d Magistrate for purpo%s of tht Rcgirtration of
Titles Act when value does not exceed $450,000.
85. Phint by lalldlod against mlfaat orpcraon chiming &I tmanl.
86. Claim for rmt or- p f i t smay be added
87. Plaint by landlord against tenant when landlord's right of re-entry
h a r d in nspst of rent m arrar or brearhofammarrt
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JUDICATURE (RESIDENT MAGISTRATES)
88. Notices of plaint to be given by subtenant to his immediate
09. Plaint by me.r against person in possession m o u t title a
90. Plaint by the Crown againet person in possession without titk
91. No plaint to be issued by the Crown without authority of the
9 2 Owner entitled to mtsfrom the h e his titlc is mgnized or
93. Lands adjudged to the Crown under previous laws or this Act
94. How title of owner may be established.
95. Judgment in favour of luoatic and infant eSatablishing his titk
96. Plaint in cases of dispute as to title to lands not exceading $75,000
landlord who may defmd plaint.
right of posgcssion.
or right of oocupation.
vested in the Coaunissioncr of Lands on certain
Power for Magistrate to refer matter to Surveyor.
97. Plaiat a3 to dispurrd boundary of adpining lands.
98. Plaint as to rights of way or water, or other righu or caotmentk
99. Plaint in dispute betwem the public and the. Occupier of lands as
to ri&ts or casements affecting such lands.
100. Form of judgment under sectioas 97.98 and 99.
101, Power to tefer etrtain matters to a surveyor to make survey and
102. costs of rdum.
103. Deposit to meet sucb costs.
104. Penalty for assaulting. hindering or obtmcthg sumyor. etc.
lm. matters and limits thereof withiu the equitable jurisdidon
106. Powers of Magistrate and the officers of his court in quity
107. Local jurisdiction in apity mattnr
m a m
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6 JUDICATURE (RESIDENT MAGISTRATES)
(r) Probate und AdmhisrmrioR
108. Jurisdiction in probate. and administrau ‘on matters.
109. Duty of Magistrate to ascertain that be haa jurisdiction.
110. Notices of applications for adminstratim
111. Provision in cases for proving a will in solemn form or for
112. Noticcs as to application for gran& of probate. and administration.
Ccrtificatea M to there being no other pnxrading dating to the
revoking probate of a will.
113. Caveats against grants of probate and administration.
114. Stay of pnreedings when it appears thst Magistrate has not
115. E W of grant of probate or administration.
116. G m t of probate or administra tion not revocable for want of
117. proadwe on judgment in cont#ltioas cases 88 to probate or
11 8. Time for returning inventory.
119. Evidence by aMavit receivable.
120. Transmissiw to the Registrar of the Supreme Court of lists of all
121. Rscord of wills of which probate or adminishation is grantd.
122. Power to transmit to Court cases within its jllrisdiction originated
123. Administration bond
124. Protection of born w e payments to or by executor or administra-
j U M i G t i O L
adlmmhation. * .
graut8 of pmbate or administration
in the Supme Coua.
tor under grants mhsequently woked.
125. OfficecOpiCsof was proved in couas to beccalclusivs evidence
126. As to m r d s of wills and how far such mrds are evidme
127.Jurisdi~tion and powers of hf&stratCa as to clhputa h
128. Power as to CWRg
129. Stamp duties on probata and adminiscratiOn protected.
12%. Power of Minister to in- jurisdictional levels d COUIC
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JUDICATURE (RESIDEh’T MAGISTRATES)
G e d Provi&ns
131. As to actioes or dts in the Supmm Court which might haw
bcen brought in a Court and as tocoatstlierein.
132. Sbcuon 131 extended to all p r d n g s in the Supreme Court
which might have beea brought in the Court
133. Power to transfer to Court quity suits wahin it8 W&on
pcading in the Supreme Court.
134. prooeedur + g in action in the Supme Court in which phintifl is
Bhowa not to have the mtans of paying costs. to compel him to
give security and procadun themon.
135 Establishment and functions of Rules Commlttec.
136 Forms under this Act
137. Powcrs of infants to ate..
138. Pmvidonsasto prtk to ba tbe game; as in the Supmne Cocut.
139. Tariff of f a .
141. procsalmgs ’ inCourtsastoCourtfCg
Suifs in form paupens
142. Suita in f- plrrpcris
F ~ d C a n m m o u M u o f A a i o n
143. Actioaa to bs commmced by kni& a plaint c o n ~ p a a i c u -
144. savia of summme withln the jurisdidiim on p d c d out of the
146. P o a n e r i n a r t a i a ~ s t o i s s u e ~ o n a
IUDICATURE . (RESIDENT, MAGISTRATES)
147. Solicitor's costs under section 146 and on judgmcnt summonses.
148. Poazr to ammd scheduls B and C
149. Notice of intention to ddend ahd proadnrCthcnoll.
150. Notice of spacial defence required.
151. Power to allow spacial defema without noticc.
152. Counterclaim and fees pyable herkm
153.' Payment into court
154. F'ayment of money into court with or without dmial of liability.
Admission in writing by defendant and procedure~thereon.
155; CO&, if the partis a p e in a written statcment'aito mount
. . . , . .
' a r k to now plahitiff whether smk efledcd or noth given.
payable and terms of paymenL
summonres and 0th Pmccsr
156. Summonseg to witmnm.
157. Power to issue procesp for special day&
158. Who may w e and who may execute proceap.
159. Proof of service of procesg
160. Disobedience to summons to wi&
161. Service of Summons imderthe land'juridktiw of the Coarte
162. Power to dispense with pcrsonal service in ctrtain caaa
164. Serviceofnoticeofsummonainartaincs&r .
. . . . 163. Service of wmmitmcnt summons . . .
. . . .
165. Before whom afwavits may & worn.
. . . . . . . . .
M i s h w atfoM Trial
166. Power to order primer to be bnught up to bs examimd U s
. . witpesa. . . .
167.' ~ommisiions kne ese and foreign commiyions. .
1 6 8 . 4 to sending musts to be htard in some othti~&Grt. .
170. changcofvaluewfthintheparish. , . . .
171. Power to stay second rsdioo' tm'siuhe .&r. & . . &e . .
' . , . .. ,
%9. Pbwer to gaut cme, adjoym akj stay pmxedkgs. . .
. - .
, , . . - .
-. -.- - e fp~usiw ol .w. PP it.brtbori~sd.ppp~. ymar .---.- ,?,l. :, .. . _..-_ . . . ..'.,,,. . . . of the said Act. : . ; . . ,
mai'teis',not ~ herehb
' ' v&iance between tl;e rules of'equity
withiekeience w.the : . .
y shall prevail;
h 'which there' is &y: c . .
201. The Judge of a Court shall, in.every civil, proc@ing, 10 an
have power. to set aside any verdict or jud&n$ljt, &&&er 01 jud8mMt a new trial, upon. such, terms ,as he s bidi&&&, . , . , , . , i .
. . . , , .: . . . . r . . . '.
. , . . . . ~ ' C*St$
202. No, person; 'not being ,an. admitted. sdicitor,, sliau ~ o o n c b ~ i
ing or acting on behalf of any other pison i$ a 'mirt;gk EF""
no admitted, solicitor . shall be. entitled to: . hav~ ; m v e r p3-2; any sum for appearing, an behd: of any ~ $ 0 0 jra,.cawt, for another
be entitled to havc.oirecMr any sum of ' ~ o n e y ' f 0 i a p ~ - solicitors U1
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108 IUDICrlTURE (RESIDENT MAGISTRATES)
beyond the amount allowed by the laws applicable to such
203. In all cases in which any party recovers any judgment
against any other, such party shall have judgment for the
court fees properly payable under this Act in order to obtain
Olhermns Where in any proceeding in a Court, a solicitor has been
discrelionof employed, or other costs or charges have been incurred,
tnta then, in the absence of express provision to the contrary, the
awarding of such costs and charges shall be in the discretion
of the Magistrate, who may by his judgment award them
to the successful party; and where the Magistrate shall award
wbcnmr~ to any party the costs of employing a solicitor, such costs
JIDwpa shall, according to the nature of the proceeding, be calculated
-clon according to the scale set forth in the ta r8 of fees payable
under this Act:
Provided that in any cause, matter or proceeding in which
no charge for a solicitor's work is fixed by this Act, or the
rules or tarif€ of fees, for any item of work actually per-
formed, the same shall be chargeable and allowed for on the
following basis: In matters not exceeding forty dollars.
one-fourth the rate allowed in the Supreme Court, and in
matters exceeding forty dollars, one-half the like rate:
caQs er ma-, (hs k w k g
of which shall not have been concluded on the flrst day,
it shall be lawful for the Magistrate, by special direction
to allow to the successful party further solicitor's fees over
and above the fees prescribed by the tariff of fees for each
day, or part of a day during which the hearing lasts beyond
the fist day, the amount of such further allowance to be
fixed by the Magistrate :
Provided also that no such costs shall in any case be
allowed on taxation, unless it shall appear that the work
Revidsd also that la
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IUDICATURE (RESIDENT MAGISTRATES) 109
in respect of which such costs are charged has been actually
done and performed, and that it was reasonably necessary
and proper for the party to employ a solicitor to do such
work, or when costs are taxed between solicitor and client,
that it was done at the request, express or implied, of the
F'rovided aIso that nothing herein contained shall deprive
a trustee, mortgagee, or other person, of any right to costs
out of a particular estate or fund, to which he would be
entitled by law or according to the rules in force in the
costs and charges awarded between party and party, other fo be
than the costs of referees under section 102 shall either be :gz,
determined by the Magistrate on his giving judgment for the
same, or shall be referred by him for determination; the
costs above excepted sha& if awarded by the Magistrate,
be taxed by the Clerk of the Courts in which such costs were
incurred; but his taxation shall be subject to review by the
No bill of costs shall constitute an enforceable demand
by a solicitor against his client, unless the same shall have
been duly taxed.
client in or connected with any proceedings in a Caurt shall
otherwise, be taxed by the Clerk of the Court in which the
proceedings were taken in or in connection with which such
costs and charges were incurred, but his taxation may be
reviewed by the Magistrate on the application of either party, Taxrtion
and no costs or charges shall be allowed on such taxation bermiewcd
unless the Clerk shall be satisfied that the client has agreed
in writing to pay them, in which case they may be allowed,
204.-(1) In cases tried in any Court, the amount of all TheClerkof
(am codts md CIlargM kmwl mltcitm &gy=
'P?""" on the application either of the solicitor or client, but not o rJimL diutor
which are not sanctioned by the rules or law then in force, tfof,, On
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JUDICATURE (RESIDENT MAGISTRATES)
and no. solicitor shall have .a right .to.recover from his client
any such costs or charges unless they shaU have been allowed
on taxation. , . . :
c u a t a to or
205.. In all civil suits or proceedings in a Court to which
the Crown shall be a party, it shall be lawful for the Magi-
strate of such .Court to award casts to or against the Crown,
as in the case of suits between private parties. . .
. . .
t~ed to be
206. Where by the judgment.of any. Resident.Ma.gistrate's
Court m t s or charges have been awarded. to.any party, the
amount of such costs or charges, when duly ascertained
under the provisions of this Act, shall be a .judgment debt
enforceable in the same way as any ather judgment for a
sum of money.. . : :
, , ~ . . . . . . . .
i ~. . . . . l : . ~ . .
, . . .. . . . . . Ju&hents ' . . '.
.I . -
Iudpmnt 207. 'When.' judgrbent:is gives
orthwh. forthwith, and m
Lo Lw for
p n y t of any S U ~ the J u d p
the same shall be paid in
Clerk asslitisfaction pro ihrr
red by the
h aoaa 208. If there shall be cross judgments bekeen the parties,
m t i o n t o execution shall be takensout .by that.partyionly who shall z*zgt have obtained : judgment for the litrger sun, and for so much
only as shall remain after deducting..the smaller.sum, and
satisfaction for the remainder', shall .be .entered as well as
satisfaction on the judgment :for the :smder sum; and if
.both sums shall be e q d , satSaction:~&a&be'entered upon
I , , . . . . . . .
, . . .
I I . . .
both judgments. . .
. . . - , .
~tidrcbb. 209. The' SUcCessful'party, judgment in.any Resident
meui Magistrate's. Court, or. the peGond representative; assignee
or solicitor of. such successfuf party shall,. if required in
me inclusion of this. wgc is aulfmrized by L.N. 4801 19731
JUDICATUAE (RESIDENT MAGISTRATES) 111
writing so to do by or on behalf of any party against whom
any such judgment is given, within three months after
receiving full satisfaction and payment of all sums of money
due under such judgment give written authority to the clerk
of the Courts in which such judgment was obtained to enter
satisfaction on the mar& of the m r d of such judgment
and in default of so doing shall incur a penalty of sixty
dollars recoverable by action of debt.
210.-(1) Every judgment of a Court (including any $tcrwtoll
Judgment. judgment which may have been given before the passing
of this Act, and which shall not at the time of the passing 2611971
of this Act have been fully paid or satisfied), shall bear S Z(a)
interest at the rate of six per cenfflm per m u m or such
other rate per aniium as the Minister may by order from
time to time prescribe in lieu thereof, to be computed on
what shall for the time being be due on such judgment from
the day of the datc of such judgment until payment. And
such interest shall be deemed to be incorporated with the
principal money due on such judgment, and execution may
issue thereon accordingly.
(2) Every order under subsection (1) shall be subject 2611971
to negative resolution of the House of Representatives. s.2 (C).
211. All judgments obtained upon plaints in any Resident Araignmcot
of judgment Magistrate’s Court may be assigned in the following form,
or in a form to the Iike dect-
day of Be it remembered that on the
19 , I, AB.
of , his executors, administrators and assigns, a
judgment obtained in the Resident Magistrate’s Court of
by me the said A.B. against C.D. of for the
, have assigned unto E.F.
the parish of on the day of 19
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112 JUDICATURE (RESIDENT MAGISTRATES)
sum of $ and that there is now due thereon
the s u m of $ for principal money, the sum of
$ for interest, and S for
costs, and I have received the s u m of $ in full
to be entered
by the Clerk
in a boot
and a memo.
212. The Court Administrator shall keep a book in which
all assignments of such judgments shall be entered; and
he shall also enter in the msrein of the record of the
t o enforce
judgment so assigned, a memorandum, showing the party
to whom such judgment has been assigned and the date
thereof; and process of execution shall not afterwards issue
upon the said judgment, except on the order of such assignee,
his representative or solicitor.
213. Whenever the Court shall have made an order for
the payment of money the amount shall be recoverable, in
m e of default or failure of payment thereof forthwith by
execution against the goods and chattels of the party against
whom such order shall be made; and the Clerk of the Courts
at the request of the party prosecuting the order, shall, after
the expiration of seven days from the making of such order,
or sooner if the Magistrate shall so direct, issue under the
seal of the Court a writ of feri facim as a warrant of
execution to the Bailiff of the Court, who by such warrant
shall be empowered to levy, or cause to be levied, by distress
and sale of the goods and chattels of such party, such sum
of money as shall be so ordered, wheresoever they may be
found, and also the costs of theexecution.
JUDICATURE (RESIDENT MAGISTRATES) 113
214 If default be made in making any payment ordered P I O C ~ ~ ~ ~
default to be made under section 1% in accordance with the terms made
of such order, it shall be lawful for the Court to order a
warrant of execution to issue to the Bailiff of the Court,
who by such warrant shall be empowered to levy or cause to section 196
be levied, by distress and sale of goods and chattels of the intothe
person making default, a sum of money equal in amount to TrpasurY.
the sum which was ordered to be paid to the Accountant-
General, and to the costs incurred by reason of such default;
and the sum so levied shall be paid to and be receivable by
the Accountant-General, and shall be held and applied by
him in all respects as if the same had been paid into the
Treasury by the person ordered to pay the same.
to be paid
215. For the due execution of any judgment or order $oz;y
made under the equitable jurisdiction conferred by this Act, Judgment or
or of the Resident Magistrate’s &urt Rules now or here- undcrhc
after to be in force, the Magistrate shall have power to ::SEon.
order, and the Clerk, upon such order, shall have authority
to seal and issue, and the Bailiff to execute any writ or
warrant of possession, writ or warrant of execution, or
other process of execution for carrying into effect any such
judgment or order; and such writs, warrants and processes,
shall be in the form, and executed at the time and in the
manner provided by the Residenf Magistrate’s Court Rules
now in force, or hereafter to be in force, and subject to such
rules, and so far as such rules may not extend, as provided by
216. In and upon every wmant of execution issued against E:;?;
the goods and chattels of any person whomsoever, the Clerk in and on
of the Courts shall cause to be inserted or endorsed the sum rg!::f
of money and costs adjudged, with the sums allowed by this
Act as increased costs and BailWs fees for the execuiion of
such warrant; and if the party against whom such execution
shall be issued shall, before an actual sale of the goods and
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114 JUDICATURE (RESIDENT MAGISTRATES)
chattels, pay or cause to be paid into the Court out of which
such warrant of execution has issued, or shall pay or tender
or cause to be paid or ten’dered to the Bailiff holding the
warrant of execution, such sum of money and costs as afore-
said, or such part thereof as the person entitled thereto shall
agree to accept in full of his debt or damages and costs,
together with the fees by this or any other enactment directed
to be paid, the execution shall be superseded, and the goods
and chattels of the said person shall be discharged and set
217. The precise time when any application shall be made
to the Clerk of the Courts to issue a warrant against the
goods of a party, shall be entered by him in the Execution
Book and on the warrant; and when more than one such
warrant shall be delivered to the Bailiff to be executed, he
shall execute them in the order of the time so entered.
M a t m a y b e
218. Every Bailiff or officer executing any process of
execution issuing out of a Court against the goods and
chattels of any person may, by virtue thereof, seize and
take any of the goods and chattels of such person (except
the wearing apparel, bed and bedding, of such person or
of his family, and the tools and implements of his trade
to the value of ten dollars, which shall to that extent be
protected from such seizure), and may also seize and take
any money or bank notes, and any cheques, bills of exchange,
promissory notes, bonds, specialities, or securities for money
belonging to any such person against whom any such
execution shall have issued as aforesaid.
me and 219. No goods which shall be taken in execution as afore-
goods said shall be sold until after the end of five days at least next
Irlehecutl~n following the day on which such goods shall have been so
taken, or until after such notice shall have been given of the
time and place of the sale, as may be required by the Resident
W e inclusion of thm page 1s authorucd by L.N. 480/19731
JUDICATURE (RESIDENT MAGISTRATES) 11s
Magistrate’s Court Rules now in force, or hereafter to be in
force, unless such goods be of a perishable nature; and until
such sale, the goods shall be deposited by the Bailif€ in some
fit place, or they may remain in the custody of a fit person,
approved by the Bailiff, to be put in possession by the Bailiff,
and it shall be lawful for the Bail8 to act as a broker or
appraiser for the purpose of valuing and selling any goods,
chattels, or effects taken in execution under this Act without
paying licence duty as an auctioneer.
220. The Bailiff shdl hold any cheques, bills of exchange, ~ a t o
promissory notes, bonds, specialities, or other securities for choqug, bilhof
money, which shall have been so seized or taken as aforesaid,
as a security or securities for the amount directed to be ~ ? i y
levied by such execution, or so much thereof as shall not O W U ~ ~ O U .
have been otherwise levied or raised for the benefit of the
plaintiff; and the plaintiff may sue in the name of the
defendant, or in the name of any person in whose name the
defendant might have sued, for the recovery of the sum or
sums secured or made payable thereby, when the time of
payment thereof shall arrive.
a person against whom judgment has been obtained In the r+altg.
Court, has not sufficient goods and chattels which can
convenientiy be taken to satisfy such judgment, he may, if
he shall think fit, on application of the judgment creditor,
make an order for the sale of the estate or interest of the
judgment debtor in any lands in any parish, at such time and
place, and subject to such conditions as the Court shall
The Court may direct all such enquiries to be made BS
may be necessary for the proper carrying out of such order.
If it appears on such enquiries that any person, other t h a ~
the judgment creditor, is entitled to any charge on the land,
every such person shall be served with notioe of the order,
221. If the Magistrate of any Court shall be satisfied that Orderfor
u l e of
CTbc inclusion of tJis mge is authorized by L.N. 480/lW3]
116 JUDICATURE (RESIDENT MAGISTRATES)
and shall be bound thereby, and may attend the proceedings
under the order, and have the benefit thereof; and the
proceeds of the sale shall, after payment out of the same
of all costs and charges attending the sale, the order for sale
and the enquiries aforesaid, be distributed among the
persons found entitled thereto according to their respective
When any land shall be ordered to be sold by the
Magistrate, it shall be lawful for him to give all necessary
and proper directions for carrying out such order, and, if he
shall see fit, to order the Bailiff to sell such land on such terms
as to remuneration as are set forth in the t a r8 of fees pay-
able under this Act; and it shall be lawful for the bailiff to
conduct any such sale without paying licence duty as an
Land for the purposes of this section incIudes all corporeal
hereditaments, or any legal or equitable interest therein.
The judgment debtor may appeal to the Court of Appeal
from an order for the sale of his estate or interest in any
lands subject to the provisions of section 251.
222. All sales of land made under and by virtue of the
equitable jurisdiction of the Court, as well as in execution
of orders under section 221, shall be conducted according
to such orders as the Court may make; all such sales shall
be made by public auction :
Provided, that it shall be competent for the Court to
authorize the sale to be made in such other manner as it may
After the sale of any lands, tenements or hereditamentri,
the Court shall grant a certificate to the person who may
have been declared the purchaser at such sale, to the effect
that he has purchased the right, title and interest of the
judgment debtor in the property sold; and such certificate
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lUDICATURE (RESIDENT MAGISTRATES) 117
shall not as against a purchaser be invalidated on the ground
of want of jurisdiction, or of want of any concurrence,
consent, notice or service, whether the purchaser had notice
of any such want or not.
The certificate shall be liable to the same stamp duty as
a conveyance or assignment of the same property, and when
duly stamped as aforesaid, shall be taken and deemed to
be a valid transfer of such right, title and interest, and may
be recorded in the same manner as any deed of conveyance
223. It s h d be lawful for any party who holds any Judgment
unsatisfied judgment or order in any Resident Magistrate’s summona
Court for the payment of any debt or damages, or costs, to enquiring ,
means and obtain a summons from any Resident Magistrate’s Court defendant’s within the limits of which the other party shall then dwell other
or cany on his business or from the Magistrate of the Court
in which the judgment was obtained, although the judgment
debtor shall not then dwell or carry on his business within
the parish of such Court; and such summons shall be in
the form or to the effect in ScheduIe D, and shall be served Schedule D.
personally upon the person to whom it is directed, requiring
him to appear at such time as shall be directed by the said
rules, to answer such things as are named in such summons:
and if he shall appear in pursuance of such summons, he
may be examined upon oath touching his estate and effects,
and the manner and circ.Jrr?stanm under which he
contracted the debt, or incurred the damages or liability
which is the subject of the action in which judgment has
been obtained against him, and as to the mead and
expectations he then had, and as to the property and means
he still hath, of discharging the said debt or damages, or
liability, and as to the disposal he may have made of any
property; and the person obtaining such summons as afore
said, and all other witnesses whom the Magistrate shall think
requisite, may be examined upon oath or e a t i o n touching
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118 JUDICATURE (RESIDENT MAGISTRATESI
the enquiries authorized to be made as aforesaid; and the
cost of such summons, and all proceedings thereon, shall
be deemed costs in the cause.
224. If the party so summoned shall not attend as required
by such summons, and shall not allege a sufticient excuse for
not attending; or shall, if attending, refuse to be sworn or
to disclose any of the things aforesaid, or if he shall not
make answer touching the same to the satisfaction of the
Magistrate; or if it shall appem to such Magistrate, either
by examination of the party or by any other evidence, that
such party, if a defendant, in jncurring the debt or liability
which is the subject of the action in which judgment has been
obtained, has obtained credit from the plaintiff under false
pretences, or by means of fraud, or breach of trust, or has
wilfully contracted such debt or liability without having
had at the time a reasonable expectation of being abIe to pay
or discharge the same, or having obtained money, goods,
or other property from the plaintiff for a specific object, has
either misapplied, or failed to return the same, or failed to
render a just and true a m u n t thereof and verify such
account, or shall have made or caused to be made any gift,
delivery, or transfer of any property, with intent to defraud
his creditors or any of them; or shall have charged, removed,
or concealed the same, with intent to defraud his creditors
or any of them; or if it shaU appear to the satisfaction of
the Magistrate that the party so summoned has then, or
had since the judgment obtained against him, s-cient
means and abiiity to pay the debt, or damages, or costs so
recovered against him, in whole or part, and if he has
refused or neglected and refuses or neglects to pay the same
to the extent of such means and ability, it shall be lawful
for such Magistrate to order that any such party may be
committed to any prison for a period not exceeding sixty
days, unIess the debt, damages and costs, shall be sooner
[The indusion of this page is authorized by L.N. 4SOl19731
JUDICATURE (RESIDENT MAGISTRATES) 119
225. It shall be lawful for any person in suing another c$zrY
in the Court, to lodge with the plaint a notice to the PlaInta
defendant that, on obtaining judgment against him, the defendant,
plaintiff will apply to the Magistrate to commit the defendant obtaining
to prison for a period not exceeding sixty days, unless the $$&$:
debt, damages and costs shall be sooner paid, on the ground have
that the defendant in incurring the liability, the subject of earnmintd.
(a) has obtained credit from the plaintiff under false
pretences, or by means of fraud or breach of trust;
(b) has wilfully contracted such debt or liability without
having had a reasonable expectation of being able
to pay or discharge the same; or
(c) having obtained money, goods, or other property
from the plaintiff for a specific object, has either
misapplied or failed to return the same, or failed
to render a true and just account thereof and to
verify such account,
and the summons shall contain a notice to the defendant
that the plaintiff will make such application as aforesaid;
and if the defendant shall have been personally served with
the said summons, containing such notice, or shall personally
appear at the trial of the same, and judgment shall be given
for the plaintiff, the Magistrate, immediately after giving
such judgment, shall proceed to deal with the case in all
respects, so far as relates to the specific matters mentioned
in the notice aforesaid, as if the defendant were before him
on a summons issued under the provisions of section 223.
226. Whenever any order of commitment shall have been ;roef
made under the Debtors Act, or under the provisions of mmmit-t.
this Act, the Clerk of the Courts shall issue under the seal
of the Court, a warrant of commitment directed to the
Bailiff of any Resident Magistrate’s Court, who, by such
warrant, shall be empowered to take the body of the person
LThe inclusion of this page is authorized by L.N. 480I19731
I 20 JUDICATURE (RESIDENT MAGISTRATES)
against whom such order shal: be made; and all constables
and other peace officers within their several jurisdictions
shall aid in the execution of every such warrant, and the
gaoIer or keeper of every gaol or prison mentioned in any
such order, shall be bound to receive and keep therein the
person against whom such order of commitment shall have
b x n made, until he shall be discharged under the provisions
of the said Act, or otherwise by due course of law.
and sent to
227. Writs of execution and other writs, and a11 legal
process, which the provisions of any enactment require to be
sent for execution by the Clerk or Registrar of the Court
issuing the same, to the Clerk of the Courts for the parish,
within which the subject of the writ or process might then
be, and to be directed to the Bailiff of such Court, shall be
sent to the Clerk of the Courts of the parish within which the
subject of the writ or process may be, and shall be directed
to the Bailiff of the Court for such parish.
228. Every warrant of commitment shall, on whatever
day it may be issued, bear date on the day on which the
order for commitment was made, and shall continue in force
for one year from such date and no longer; but no order
for commitment shall be drawn lip or served.
229. No imprisonment under the Debtors Act, or this
Act, shall in anywise operate as a satisfaction or extinguish-
ment of the debt, or other cause of action on which a
judgment has been obtained, or protect the defendant from
being again summoned and imprisoned for any new fraud,
or other default rendering him liable to be imprisoned under
the said Act, or this Act, or deprive the plaintiff of any right
to take out execution against the goods and chattels of the
defendant, in the same manner as if such imprisonment had
not taken place.
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JUDICATURE (RESIDENT MAGZSTRATE) 121
230. In all cases where a warrant of execution shall have E x a t i o n
issued against the goods and chattels of any person, or a jurisdiction
of the Court order for his commitment shall have been made, and such iesu,ng
person, or his goods and chattels, shall be out of the process.
jurisdiction of the Court, it shall be lawful for the Bailif€
of the Court to send such warrant of execution or of com-
mitment to the Clerk of any Court, within the jurisdiction
of which such party or his goods and chattels shall then be,
or be believed to be, with a warrant thereto annexed, under
the hand of the Bailiff and seal of the Court from which
the original warrant issued, requiring execution of the same,
and the Clerk of the Courts to which the same shall be sent
shall seal and stamp the same with the seal of his Court, and
shall re-issue the said warrant or order to the Bailiff of such
Court, and thereupon such Bailiff shall be authorized and
required to act in the execution of the said warrant or order,
within the jurisdiction of the Court to which the same shall
have been so sent, in the same manner, with the same
powers, and subject to the same rules, as if the parish to
which the warrant or order shall have been sent, were within
the limits of the Court which originally issued the warrant
or order; and in case the Bailiff shall receive any money
by virtue of such warrant or order, he shall forthwith, or
within such time as may be specified in the Resident
Magistrate’s Court Rules, pay over all such moneys into
the Court of which he is the Bailii, retaining the fees for
execution of the process, and shall therewith make a return
containing such particulars relating to the same and to the
said fees, as may be prescribed by the Resident Magistrate’s
Court Rules and the said Clerk of the Courts shall transmit
such return to the Clerk of the Courts from which the process
issued, in such way as may be prescribed by the said Rules;
and, where any order of commitment shall have been made
and the person apprehended, he shall be forthwith conveyed
in custody of the Bailiff or officer apprehending him to the
nearest gaol or prison, and kept therein for the time men-
ou1 of tbc
LThc indubion of this pagc is authorized by L.N. 480j19731
122 JUDICATURE (RESIDENT MAGISTRATES)
tioned in the warrant of commitment, unless sooner dis-
charged under the provisions of the Debtors Act, or this
Act, and all constables and othcr pace officers shall aid and
assist, within their respective parishes, in the execution of
Execution by Arrachment of Debts and Orher Property
of Attachment he 231. Where the judgment debtor is beneficially interested
prowlyof in any moneys, securities for money, goods, chattels, or other
debtor in the property whatsoever, other than lands, and tenements or any judgment
interest therein, in the custody or under the control of any
other person within this Island, or where such other person
(hereafter called the garnished is indebted to the judgment
debtor, thc Clerk of the Courts shall, on the filing of an
affidavit to that effect, and the lodging by the judgment
creditor of a plaint alleging the matters aforesaid, issue a
summons (to be termed a summons of attachment) which
shall be entitled in the action, and which from the time of
service on the garnishee, shall bind the property of the
judgment debtor in the hands of such garnishee, as herein-
after mentioned, in satisfaction of the judgment.
232. From the time of the service upon the garnishee of
a summons of attachment, all property whatsoever within
this Island, other than lands and tenements or any interest
therein, to which the judgment debtor is beneficially entitled
whether solely or jointly with others, and which at the time
of the service of the summons, or at any time before the
same is dissolved, is, or shall be in the custody or under the
control of the gamishee, and all debts due or accruing due
by the gamishee to the judgment debtor at or during such
time as aforesaid shall, to the extent of the judgment debtor's
interest therein, and subject to Crown debts, and to any
bona fide prior title thereto, or lien or charge thereon, be
respectively attached in the hands of such garnishee, to
satisfy the claim of the judgment creditor.
me indurion of this p g e is authorized by L.N. 480/19731
JUDICATURE (RESIDENT MAGISTRATES) 123
233. Any garnishee who, without Ieave or order of the
Court, at any time after the service of the summons and pro
before the attachment is dissolved, knowingly and wilfully
parts with the custody or control of any property attached
in his hands, or removes the same out of this ZsIand, or sells
or disposes of the same, or pays over any debt due by him
to the judgment debtor, except only to or to the use of the
judgment holder, shall be liable to attachment, and shall pay
such damages to the judgment holder as the Court shall
Provided that the Court shall not award a larger amount
of damages than it is competent to award in a suit for
damages, and such awards shall bar any suit €or such
234. In all cases where it is made to appear to the Z$;~-Y
satisfaction of the Court, by affidavit or otherwise, that there 3 c - d
is reasonable cause to believe that any movable property mvabb
attached is in danger of being removed out of this Island, or ra
of being sold or otherwise disposed of without the leave of
the Court, the Court may, by order in writing, direct the
Bailiff to seize such property and detain the same, subject to
the order of the Court, or may make any order for the
delivery and custody of such property :
Provided always that the Court may order such property
to be released, upon such terms as to security and other
matters, as may seem just.
W. Property in the hands or under the control of any ga,b
public offcer in his official capacity, shall be liable to ofapubllc
of the Attorney-General, and property in cusrodia Iegh shall W.
b: liable to attachment by order of the Court.
The attachment shall take effect from the service of the
summons on such officer, or in the case of property in
custodia legis, from the date of tbe order of the Court.
LThe inclusion of lh is page is authorized by L.N. Wlf9731
a t t S 3 .
attachment in execution of a judgment, with the consent cvrrodia
114 JUDICATURE (RESIDENT MAGISTRATES)
Appearance 236. Every garnishee shall appear before the court orl
forelamins. the day specified in the summons, or on such subsequent
tion day as the Court shall appoint, and of which he shall have
received notice, to be examined touching the property which
may have been attached in his hands.
237. Upon the day so appointed for such investigation,
as to ~ r o -
and at any adjournment thereof, the Court may, of its own
motion, or at the instance of any person interested in the
enquiry, summon any person whom it may think necessary,
and examine him in relation to such property and may
require the garnishee, as well as the person summoned as
aforesaid, to produce all deeds and documents in his
possession or power relating to such property.
238. The Court may, upon such investigation, order that
any such part of the property attached as consists of money
and bank notes, or a sufficient part thereof, shall be paid
over to the judgment holder, or that any part of the
property so attached as may not consist of money or bank
notes, so far as may be necessary for the satisfaction of the
judgment, shall be sold, and that the money which may be
realized by such sale, or a sufficient part thereof, shall be
applied in satisfaction of the judgment and that the summons
239. If the garnishee does not dispute his liability and
fails to comply with the order of the Court, the Court may
order execution to issue against him for the amount of the
property attached in his hands, or for such part thereof as
shall be sufficient to satisfy the judgment and all costs of
the proceedings, and execution may issue accordingly.
240. If the gamishee disputes his liability, the Court may
order that any issue or question necessary for determining
his liability, be tried or determined in any manner in which
any issue or question in an action may be tried or deter- - indudun of this is authorized by L.N. 480/19731
IUDICATUKE (RESIDENT MAGISTRATES) 125
mined, or with the consent of the parties, may dispose of
the question between them in a summary manner.
241. Whenever there are severaI claimants to any When
property attached, or to any interest therein, the Court may Cla,mantSto
in its discretion summon before it all the claimants, and may :;Egz
make such orders as is mentioned in section 240 for the
ascertaining of their respective rights, and for the custody
of the property in the meanwhile, or, with the consent of
parties, may dispose of the adverse claims in a summary
242. There shall be kept by the Court Administrator of ; + ; , h a t
every Court an attachment book, and in such book entries m o : i ~ 7
shall be made of the attachment and proceedings thereon,
with names, dates, and statements of the amount recovered,
and otherwise; and copies of anv entries made therein may
be taken by any person upon application to the Court
Administrator. S 6.
243. The payment of debts or the delivery of property Obcdienrrto
levied upon him in respect thereof, shall be a valid discharge garnishee.
by the garnishee under the 0rd.r of the Court, or execution c O U r t l o
as against all claimants of such debts or property, although
the attachment may be set aside or the judgment reversed.
order of the Court, or in case the judgment holder shall maybe
consent, it shall be dissolved i y m fucto on the filing in Court
of a memorandum of such consent, signed by him in the
244. The attachmznt may be dissolved at any time by Hotohment
245. The Court may stay proceedings in any suit Stayof
commenced against a garnishee in respect of property garnishee. again t
attached in his hands, upon such tern
garnishee for his attendance and loss of t h e , not exceeding artendan-.
presence of the Court Administrator.
it shall think fit.
246. The Court may allow such reasonable sum to a *llowan=to garnishce for
[Tbe'einclusbna5 this pageisauthoridby L.N. 146/1999]
126 JUDICATURE (RESIDENT MAGISTRATm
the scale of allowances to witnesses, and the amount so
aIlowed shall be paid by the person enforcing the attachment,
and may be recovered by- hiril as costs of execution, unless
the Court shall otherwise order.
247. The costs of any application for an attachment of
debt under this Act, and of any proceedings arising from
or incidental to such application shall be in the discretion
of the Magistrate.
Warrants of Possession
248. After any judgments mder section 96, 97, 98 or 99,
the Court may, if it thinks fit, issue a warrant to the Bailiff
to give possession of the land in question (the land to be
specified in the warrant) as the Court may direct.
c o s t s of
meat for tach- of
Powerand 244. Any warrant to a Bailiff to give possession of a
Bailiaundcr tenement shall justify him in entering upon the premises
wanant. named in the warrant with such assistants as he shall deem
necessary, and in giving possession accordingly; but no entry
under any such warrant shall be made, except between the
hours of eight in the morning and four in the afternoon.
in f o m
250. Every such warrant shall bear the date on which it
is issued, and shall continue in force for six months from
such date, and no longer.
No warrant shall be issued after the expiration of six
months after the last day named by the Magistrate in his
order for the delivery of possesion, except by order of the
Appeal in 251. Subject to the provisions of the following sections,
woctcdinp3. an appeal shall lie from the jddgment, decree, or order of
a Court in all civil proczedings, upon any point of law, or
upon the admission or rejection of evidence, or upon the
d V l l
me inclusion of this page is authorized by L.N. 146/ 19Wl
JUDICATURE (RESIDENT MAGISTRATES) 127
question of the judgment, decree, or order being founded
upon legal evidence or legal presumption, or upon the
question of the insufficiency of the facts found to support
the judgment, decree, or order; and also upon my ground
upon which an appeal may now be had to the Court of
Appeal from the verdict of a jury, or from the judgment
of a Judge of the Supreme Court sitting without a jury.
And the Court of Appeal may either firm, reverse, or Lye?
amend the judgment, decree, or order of the Court; or order -1%
order to be entered for either party as the case may require,
may assess damages and enter judgment for the amount
which a party is entitled to, or increase or reduce the amount
directed to be paid by the judgment, decree or ordeG or
remit the cause to the court with instructions, or for rehear-
ing generally; and may also make such order as to costs iq
the cburt, and as to costs of the appeal, as the Court of
Appeal shall think proper, and such order shall be final:
Provided always, that RO judgment, decree, or order of
a Court shall be altered, reversed, or remitted, where the
effect of the judgment shall be to do substantial justioe
between the parties to the cause :
Provided alsa, that an appeal shall not be granted on
the ground of the improper admission or rejection of
evidence; or on the ground that a document is not stamped
or is insufficiently stamped; or in m e the action has been
tried with a jury, on the ground of misdirection, or because
the verdict of the jury was not taken on a question which
the Magistrate was not at the trial asked to leave to them,
unless in the opinion of the Court of Appeal, some
substantial wrong or miscarriage has been thereby occasioned
in the trial, and if it appears to the Court that such wrong
or miscarriage affects part only of the matter in controversy,
or some or one only of the parties, the Court may give final
a nonsuit to be entered; or order the judgment, decree, or dokaninbq * ,
LThe inclusion of (his page is authorled by LN. 480/k9731
128 JUDICATURE (RESIDENT MAGISTRATES)
judgment as to part thereof, or some or one only of the
parties, and allow the appeal as to the other part only, or
as to the other party or parties.
As fo a p w I
252. There shall be no appeal from any decision of the
Magistrate in Chambers, unless there would have been a
right of appeal if the decision had been given in Court, or
unltss the Magistrate shall give leave to appeal. An appeal
from Chambers shall be made in the same way as an appeal
from a judgment, decree, or order in Court.
253. No appeal shall lie in respect of the decision of a
Court given upon any question as to the value of any real
or personal property for the purpose of determining the
question of the jurisdiction of the Court under this Act,
nor shall any appeal lie against the de2iion of a Court on
the ground that the proceedings might or shouId have been
taken in some other Court.
254. It shall be lawful for any Magistrate, in any civil
proceeding, when he shall think the question at issue to
be one which it is desirable to bring before the Court of
Appeal, and when he shall think that by such course as is
hereby made Iawful, no hardship will be imposed upon either
party, to allow an appeal in any case decided by him, without
requiring the deposit or security for costs, or by dowing
the party desirous of appealing to give such security for
costs as to the said Magistrate shall seem reasonable :
Provided, that in every case of appeal under this section,
the appeal shall be in the form of a case stated, to be
approved or settled by the Magistrate, and by him to be
submitted to the Court of Appeal.
An appeal may be allowed by the Magistrate under this
section against any judgment, decree, or order, whether
an appeal could or could not be brought under the. preceding
sections against such judgment, decree, or order.
to % by
[The inclusion of this page is authorized by L.N. 480/19731
JUDICATURE (RESIDENT MAGISTRATES) 129
255. No appeal shall lie from the judgment, decree, or :;JY"~&
order of a Court in any civil proceeding, if: before the agrcemml
decision of the Magistrate is pronounced, both parties shall
agree in writing, that the decision shall be final, and such
agreement shall not require a stamp.
at the time of pronouncing judgment, but if not SO taken lhCrein.
then a written notice of appeal shall be lodged with the Clerk
of the Courts, and a copy of it shall be served upon the
opposite party personally, or at his plaoe of dwelling or upon
his solicitor, within fourteen days after the date of the
judgment; and the party appealing shall, at the time of taking
or lodging the appeal, deposit in the Court the sum of
six hundred dollars as security for the due prosecution of the t;yi99,
appeal, and shall further within fourteen days after the
taking or lodging of the appeal give security, to the extent of
six thousand dollars for the payment of any costs that may L.N.
be awarded against the appellant, and for the due and faith-
ful performance of the judgment and orders of the Court of
Such last-mentioned security shall be given either by
deposit of money in the Court, or by the party appealing
entering into a bond, with two sureties to be approved by
the respondent, or, in case of dispute, by the Clerk of the
Courts with an appeal to the Magistrate. No stamp duty
shall be payable on such bond.
There shall be no stay of proceedings on any judgment
except upon payment into Court of the whole sum, if any,
found by the judgment, and costs if any, or unless the
Magistrate, on cause shown, shall see fit to order a stav of
On the appellant complying with the foregoing require-
ments, the Magistrate shall draw up, for the information
of the Court of AppeaI, a statement of his reasons for the
judgment, decree, or order appealed against.
256. The appeal may be taken and minuted in open Court AppesIs,
p r o d m g a
IT& inclusion of this page is awhorized by L.N. 3 j z ~ ) l l
I30 IUDICATURE (RESIDENT MAGlSTRATWl
Such stalement shall be lodged with the Clerk of the
Courts, who shall give notice thereof to the parties, and
allow them to peruse and keep a copy of the same.
The appellant shall, within twenty-one days afte~ the day
on which he received such notice as aforesaid, draw up and
serve on the respondent, and file with the Clerk of the
Courts, the grounds of appeal, and on his failure to do so his
right to appeal shall, subject to the provisions of section 266,
cease and determine.
If the appellant after giving notice of appeal and giving
security as aforesaid, fails duly to prosecute the appeal, he
shall forfeit as a court fee the sum of six hundred dollars
deposited as aforesaid.
If he appears in person or by counsel before the court
of Appeal in support of his appeal, he shall be entitled to
a return of the said sum of six hundred dollars whatever
may be the event of the appeal.
257.41) The grounds of appeal shall set out concisely
the facis and points of law (if any) on which the appellant
intends to rely in support of his appeal and shall conclude
with a statement of the relief prayed for by the appellant.
(2) The Court of Appeal may dismiss without a
hearing any appeal in which the grounds of appeal do not
comply with the pmvisions of subsection (I).
258. Upon the appellant filing with the Clerk the grounds
of appeal as aforesaid, the Clerk of the Courts shall transmit
to the Registrar of the Court of Appeal the statement afore-
said, certified copies of the notes of the Judge and (in
original) all the other proceedings in the cause :
Provided always, that the Court of Appeal may in any
case rcquire the production of the original notes of
[The inclusion of this page is awthorizcd by L.N. 3/2001]
lUDICATVRE (RESIDENT MAGISTRATES) 1 3 1
259. Any such a p p d may he in the form of a case agreed Appeal in
w i n 1 care.
260. The sum deposited as security for costs, shall be Application
upon by both parties, or their solicitors or agents.
of money subject to any order which the &urt of Appeal may think d ep0stre.l
Costs m a y be
reasonable and just :
to either party, such costs shall be taxed, and the amount
thereof shall be irrespective and may be in excess of the
amount for which security has been given as aforesaid.
Provided always, that if the said Court shaIl award costs CXCCSI
261. Subject to the proviso hereinafter contained, it shall c ~ r u o (
be lawful for the Court of Appeal in dealing with my appeal
under tbis Act, and in awarding costs against an unsuccessful
(01 to Jward to a successful party. or where h t r e is
more than on2 successful party. to each ~ ~ ~ c c e s s f ~ ~ l
party a lump sum, not exceeding fifteen thousand LN.
dollars for costs; or
(b) to order such costs to be taxed on any scale lower
than that heretofore fixed as applicable in such
cases, as the said Quit may fix for such appeals :
Provided, that if thc costs so taxed shall exceed
the sum of fifteen thousand dollars any excess be- LN.
yond the said sum shall not be allowed: 6/199!?.
Provided always, that it shall nevertheless be lawful for
the said Court in determining m y such appeal, by order to
declare that the same was of such a character, cr that it
involved questions of such d:fficulty and complexity that
cost: beyond the amount aforesaid werz p ~ ~ r - ? l V and
reasonably incurred, and thereapon the costs awarded shall
be taxed as between party and party, on the scale heretofore
fixed as applicable in such cases, or on any other scale which
under its powers in this behalf, the said Court may fix and
.__I__~ - -
[The inclusion of this page is authorized by L.N. 3/20011
R M I
132 ILIDICATURE (RESIDENT MAGISTRATES)
Pm=e%ws 262. No plaint lodged under this Act, and no judgment
removedinto or order given or made by any Magistrate, and no cause
Courtex or matter brought before or pending in a Court under this
~ P r o V i d ~ Act, shall be removed by appeal, motion, writ of error,
cerfiomri or otherwise, into any other Court, save and except
s. 35. in the manner and according to the provisions herein
mentioned; and no judgment or execution shall be stayed,
delayed, or reversed, upon or by any writ of error or
cicrk or 263. Any person or persons being party or parties in any
certify copy action or matter in the civil jurisdiction of a Court in which
evidence there is a right of appeal shall on payment of the fee pre-
srnd. scribed by the tariff of fees be furnished by the Clerk of the
Courts with a copy of the notes of evidence whether the
hearing shall have been concluded or appeal promdings
have been commend or not, and such copy shall be
certified by the Clerk of the Courts as being a true copy.
not 11) be
in this Act.
of notes of
Whenappeal 244. Whenever an appeal lies to the Court of Appeal
from any judgment or order of a Court, and whenever a
Magistrate is authorized to make a reference to the Court
of Appeal, such appeal or reference shall be heard or
determined at the first sitting of the Court of Appeal held
after the transmission to the latter Court of the cotes and
proceedings, unless the said Court shall otherwise order.
to be heard.
Emitation 265. On the hearing, it shall not be competent for the
b grounds appellant to argue, or to give evidence of, any other grounds
of appeal than those served on the respondent and filed with
the Clerk of the Courts pursuant to section 256 unless the
Court of Appeal otherwise orders and on such terms as the
Court of Appeal deems fit.
266. The provisions of this Act conferring a right of appeal
in civil causes and matters shall be construed liberally in
favour of such right; and in m e any of the formalities
[The inclusion of this p g e is authorized by L.N. 3!2001]
JUDICA TURE (RESIDENT. MAGISTRATES) I33
prescribed by this Act shall have been inadvertently, or from
ignorance or necessity omitted to be observed it shall be lawful
for the Court of Appeal, if it appear that such omission has
arisen from, inadvertence, ignorance, or necessity, and if the
justice of the case shall appear to so require, with or without
terms, to admit the appellant to impeach the judgment, order or
proceedings appealed from.
267. For the purposes of the criminal law, the jurisdiction of Estrntof
every Court shall extend to the parish for which the Court is $ ~ ~ ~ ; ~ ~ ~ -
appointed, and one mile beyond the boundary line of the said crinlinal
Provided that the boundaries of every parish shall be deemed Boundary
to extend to such part, if any, of the sea as is constituted by iL':i!o
law internal waters of which the shore or any part thereof is at theseaward
the coast of that parish, and to the part of the sea within such
distance beyond the inner limit of the territorial waters adjacent
to that parish (including the portion of it taken to comprise
the internal waters aforesaid, if any) as comprises the breadth of
the territorial sea, without prejudice to the conferment of
any concurrent jurisdiction by virtue of any other parish's
boundaries being deemed to extend in manner aforesaid,
but nothing in the foregoing provisions of this section shall be
taken to confer jurisdiction extending beyond the outer limits 2nd sch.
of the territorial sea, whether as extending one mile beyond
any such boundary as aforesaid or otherwise; and the decision
of the Magistrate as to any distance for the purpose of
deciding any question as to jurisdiction under this section
shall be final.
268.-(1) It shall be lawful for the Courts to hear and offences
triable in the determine the offences hereinafter mentioned, that is to Resident
lThe inclusion of this page is authorized by L.N. 123R0111
JUDICA TURE (RESIDENT MGISTRATES)
(a) the offences specified in sections 22, 26, 28, 32, 34,
36, 37 and 38 of the Offences against th;? Person Act,
as also common assaults, aggravated 1 assaults and
* , . assaults occasioning actual bodily harm;
(b) the offences specified in the following sections of the
Larceny Act, sections 5, 6, 7, 8, 1 1, 12, 13, 14, 15, 16,
18 paragraph (I), 19, 20, 21, 22, 24 subsection (1)
paragraph (iii), 29, 35, 36, 37, 40, 41, 42 and 46 where
the stealing or obtaining of the property 'the subject of
the charge is within the jurisdiction of such Courts;
(c) the offences specified in sections 14, 20. 21, 22, 23,
24, 25, 26, 28, 29, 30, 31, 42 and 47 of the Malicious
Injuries to Property Act;
(6) the offences specified in the following sections of the
Forgery Act, section 4 subsection (2) paragraph (a),
sections 6, 7, 13 and 14 and the offence, contrary to
section 9 of uttering any document the forging of
which is an offence under section 4 (2) [a) 6 or 7 and
an offence contrary to section 10 where 'the forgery of
the document to which the charge relates is triable in
( e ) ,the offences specified in sections 10, 14, 16 and 17 of
. the Coinage Offences Act;
V) the offences of forcible entry and dedainer of land,
whether at common law or by statute, a d all common
law offences (not being felonies) unspecified in this
section, whether the punishment of such common law
offences has or has not been provided for by any statute
(g) the offences specified in sections 6, 7, 8 and 9 of the
(h ) any offence under section 10 (2) or 13 / of the Sexual
(i) any offence hereinbefore mentioned, afidr apy previous
conviction of a crime, as defined in the Criminal Justice
[The inclusion of this'page is authorized by L.N; 123~011~
JUDICATURE (RESIDENT MAGISTRA TES/ 135
(2) The offender, on conviction, shall be liable to the
same punishment as for such offences he is now or hereafter
may be liable to:
Provided, that no Court shall award a sentence of more than 7ily,8
three years’ imprisonment, with or without hard labour, and a s. I S .
fine of one million dollars, where the conviction is for any $’,””
offence referred to in this section other than an offence specified 4211963
in section 13 of the Larceny Act, in relation to which a Court s.2-
may award a sentence not exceeding four years’ imprisonment ~ J / I Y ~
or an offence specified in section 37 of the Larceny Act, or in :::$).
section 4 (2) (a) of the Forgery Act or an offence of uttering any s. 16(b).
document under section 9 of the Forgery Act, the forging of
which is an offence under the said section 4 (2) (a), in relation to
which a Court may award a sentence not exceeding five years’
imprisonment, and where a Magistrate is only empowered, in
respect of any such offence, to impose a sentence of
imprisonment, he may impose a fine not exceeding one million ~2000
dollars in lieu of imprisonment, if in the circumstances of any s.z.
case he thinks fit so to do.
section, sentenced to pay a fine, the Court may direct that if he 6,1987
fails to pay the fine at the time appointed for the payment S. 1 6 W i 1 ) .
thereof, he shall suffer imprisonment till the fine be paid. Such 6,,987
imprisonment shall be in addition to the imprisonment (if any) S. 16(c)(ii).
to which he is sentenced for his offence and, at the discretion of
the Court, may be-
(0) with or without hard labour, as in the case of the
(3) When a person is, for an offence referred to in this Seealso
sentence of imprisonment; and
(b) for a period not exceedin-
(i) one-fourth of the maximum period of the
imprisonment which the Court has power to
impose for that offence; or
(ii) six months,
whichever is the lesser.
iThr inc lun~n of thia paw 13 aulhorrzal by L N 132M11
136 JUDICA TUKE (WSILjENTu4GlS'TMTE~
Yonrrundir 269. It is hereby declared that the Courts in exercising
J ~ ~ , ~ ~ powers conferred under the Criminal Justice (Administration)
(hdmini.ara- Act, and directing police supervision in addition to any other
punishment, shall limit the same to a period not exceeding two
years, to commence from the expiration of the other
270. The power and provisions of the hereinbefore
rnaitrnrnlS mentioned Acts respectively, and of all other enactments now
'I1 foroc or hereafter to be in force relating to the offences aforesaid shall
o~morgtc. extend and apply to offences which shall be tried by the Court
bzapp'iabic under the authority of this Act, and to all proceedings at the
wed by trial, and generally in relation thereto respectively, as fully and
Mauara'e. effectually to all intents and purposes as the same now extend
and apply, or hereafter shall extend and apply to the said
offences when tried at the Circuit Courts.
as 1" sudl
also r h m
1IagislTatc'a 271. A Magistrate shall in any case tried by him on
payrnmt "r information in virtue of a special statutory summary jurisdiction
CUSlF. have power to order that such costs be paid either by the
informant or the defendant as to the Magistrate shall seem just
and reasonable and in case of non-payment of such costs may
commit the person adjudged to pay such costs to prison for a
term not exceeding one month, with or without hard labour,
unless such costs shall be sooner paid.
poaur as to
272. On a person being brought or appearing before a
Magistrate in Court or in Chambers, charged on information
and complaint with any indictable offence, the Magistrate
shall, after such enquiry as may seem to him necessary in
order to ascertain whether the offence charged is within his
jurisdiction, and can be adequately punished by him under his
powers, make an order, which shall be endorsed on the
information and signed by the Magistrate, that the accused
person shall be tried, on a day to be named in the order, in
, T h e insluiien or fiui oage IS auihorizrd by 1 N i : IOLI1]
JUDICATURE (RESIDENT MAGISTRATES) 137
the Court or that a preliminary investigation shdl be held
with a view to a committal to the Circuit Court.
273. It shall be lawful for any Magistrate, in making any POWHO~
order under section 272 directing that any accused person inmaking
be tried in the Court, by such order to direct the presentation so:;::
of an indictment for any offence disclosed in the information,
or for any other offence or offences with which, as the result
of an enquiry under the said section, it shall appear to the
Magistrate the accused person ought to be charged and may
also direct the addition of a count or counts to such indict-
ment. And, upon any such enquiry, it shall be lawful for the
Magistrate to order the accused person to be tried for the
offence stated in the information, or for any,other offence
or offences, although not specified in the information, and
whether any such information in either case did or did not
strictly disclose any offence.
271. The trial of any person before a Resident hdictmcnt
and mlp Magistrate’s Court €or an indictable offence, shall be
commenced by the Clerk of the Courts preferring an $2;.
indictment against such person and there shall be no
275. Whenever an indictment shall have been preferred Trialof
before a Court, charging any person with the commission charged
of any indictable offence within the jurisdiction of such
Court, the Magistrate shall cause the same to be read to ;:=&
the person charged, and shall then ask him whether he is IIW~Q.
guilty or not of the charge.
If such person says that he is guilty, the Magistrate shall
thereupon cause a plea of guilty to be entered; and if such
person says that he is not guilty, the Magistrate shall cause
such plea of not guilty to be entered, and unless good cause
be shown to the contrary, the trial shall p r o d :
LTbe inclusion of this page is authoriaod by L.N. 480119731
138 JUDICATURE (RESIDENT MAGISTRATES)
Provided always, that it shall be lawful for any Magistrate,
at any stage of the trial prior to calling on the accused person
for his defence, if it shall appear to him that the accused
person ought to have been charged with a more serious crime
than that of which he is accused, and that more serious crime
is beyond his jurisdiction, or that, having regard to the
antecedents of the accused, or the nature and circumstances
of the crime of which he is accused, the case cannot
adequately be dealt with by him under his powers, to vacate
the order for the trial of such accused person before him,
and to proceed to treat and deal with the case as one far
the Circuit Court; and in any such case, if the accused person
has pleaded, and whether any evidence has been taken or
not, the Magistrate shall declare the order aforesaid vacated
and the trial at an end; and an endorsement shall thereupon
be made on the information and signed by the Magistrate,
that the said order has been vacated and that the trial is
at an end, and thereupon the Magistrate shall deal with the
case as one for the Circuit Court.
r e m t case to
Power stay pre- to
276. On the other hand, when the Magistrate has begun
to deal with a case as for the Circuit Court, and to take the
depositions of the witnesses with a view to a committal €or
trial, if the crime with which the accused is charged is within
his jurisdiction, and it appears to him that such crime may
be adequately punished by him, it shall be lawful for him
to vacate the order for a preliminary investigation, and to
make an order, to be endorsed on the information and signed
by the Magistrate, that the accused person be tried in the
Court, if the accused person consent, either forthwith or on
a day to be named, within seven days after the date of such
order. In such a case the evidence of any witness which had
evidence in been taken before the Magistrate ordered an indictment to
taken in be preferred before himself, need not be taken again; but
investigation. preliminary every such witness shall, if the accused person so require
lTbs ioclurion of this Ease is authorized by L.N. 480119731
Jl,T?iCA Ti.fXE (RES1DEh.T MAGISTRA TESl 139
it. be recalled for the purpose of cross-examination or fiirther
277. Anything in this Act to the contrary not- Pourrof
withstanding it shall be lawful for the Director of Public Publtc
Prosecutions in any case brought before a Court, at any gn;-
time before the accused person has stated his defence, by *ve
the case, or deal with it as one for the Circuit Court; and on
receipt of such requisition the said Magistrate shall deal with
the case accordingly.
... . writing under his hand, to require the Magistrate to adjourn rAtain directions.
278. At any stage of a trial for an indictable offence before z;k
sentence, the Court shall amend or alter the indictment so far as ofandin.
appears necessary from the evidence or otherwise, and may
direct the trial to be adjourned or recommenced from any point, andrcrom.
if such direction appears proper in the interest either of the mme(ll
prosecution or of the accused person
279. In any triaf of an indictment before a Court, the Pawasor
Magistrate shall have the same powers of adjournjng the trial, m%d of
and that purpose of remanding the accused, as are indidmm
possessed by him in cases where he is taking a preliminary
examination under the Justices of the Peace Jurisdiction
Act; and it shall be his duty to grant such adjournments
(taking care to secure the continued attendance of the
accused and witnesses Fy committal or by recognizance), as
the' ends of justice shd: appear to him to require.
280.-+1) Upon the trial of any indictment before a Court, E
at the close of the case for the prosecution the accused fachew.
person shall be entitled to state his defence, and to call any sb
witnesses he may have in attendance; and whenever such t o v i t ~ ~ ~
accused person is not defended by counsel or solicitor, if it &ydd
shall then appear to the Magistrate from the statement of pmcoediogs
defence or otherwise, that there are persons not in attendance E-'
[The insl~sinn of lhir page i s mhor izrd by 1.N Inooz]
I40 JUDICATURE (RESIDENTMAGISTRA TES)
at the Court whose evidence might be material in the
interest of the accused, he shall ask the accused person if
he desires to have such persons, or any of them, summoned
as witnesses, and if such accused person answer in the
affirmative, or if the accused person apply to have any
witness summoned, and the Magistrate is of opinion that
of the accused, the Magistrate shall adjourn the hial,
taking all necessary steps, either by remanding the accused
1 9 , 2 ~ o person to prison, or by granting him bail in accordance with
S. 23 the Bail Act and take the same steps to procure the attendance
of such persons as he would take if they were witnesses
for the prosecution.
(2) Whenever upon any such trial an accused person
shall be defended by counsel or a solicitor, but not other-
wise, it shall be the duty of the Magistrate, at the close of
the case for the prosecution, to ask the counsel or solicitor for
each accused person so defended as aforesaid, whether he or
they intend to adduce evidence and in the event of none of
them thereupon announcing his intention to adduce
evidence, the Clerk of the Courts, or counsel or solicitor for
the prosecution, shall be allowed to address the Court a
second time in support of his case, for the purpose of summing
up the evidence against such accused person and upon
every such trial, whether the accused person or persons or
any of them, shall be defended bycounsel or a solicitor or
not, each and every such accused person, or his or their
counsel or solicitor respectively, shall be allowed if he
or they shall think fit, and when all the evidence is
concluded, to sum up the evidence respectively; and the
right to reply, and practice and course of proceedings, save
as hereby altered shall.be as at present.
(3) At the conclusion of any such trial, the
Magistrate shall declare the accused person guilty or not
guilty, and shall thereupon on demand, give such accused
the evidence of such person may be material in the interest ,F
IUDICATURE (RESIDENT MAGISTRATES) 141
person a certificate of convicticn or acquittal, as the case
281. It shall be the duty of the Clerk of the Courts with ~ ~ p , ~ r
the assistant of the principal ofEccr of Constabulary at the prepm Cl rk to
place where any Court is held, to prepare any indictable $7::
a s e [or hearing on the day fixed by the Magistrate for the h a w
trial thereof, and with this end to procure the attendance
of all necessary witnesses, both for the prosecution and for
thz defence, at the Court to be holden at such place on such
282. Save as is herein expressly provided, the procedure Proadursin
before any Court at the trial o! any indictable offence shall E x
be the same, as near as may be. as in the case of offences $$‘F0On
punishable summarily. iudichnd
283. It shall be lawful for any Justice before whom any Dutyof
person appears or is brought, charged with any indictable Ek:sm”
offence within the jiirisdiction of a Court (whether such egwdb
indictable offence is charged to have been committed with
within the jurisdiction of such Justice or not), after such
investigation as would justify such Justice in remanding
the accused person, to bind over or commit (as the case
may be) such person to appear before the Magstrate within
whose jurisdiction such offence is charged to have been
committed (whether within the jurisdiction of such Justice
or not), there to be dealt with according to law.
284. The attendance as well of accused persons as of Enforccrnml
witnesses before any Court may be enforced by the same of attend-
officers, by the same process, and in the same way, as the WltieSSCS.
attendance of such persons before Justices may be enforced
under the provisions of the Justices of the Peace Jurisdiction
iacluoim cb ahis page is auphorized by L.N. ’79/19%l
142 JUDICATURE (RESIDENT MAGISTRATES)
2%. Nothing in this Act shall be deemed to prevent the
Magistrate f:om hearing and disposing of, in his Court, any
cases which by law may be dealt with summarily that may
be brought before him :
Provided, that there shall be but one description of
process in summary cases for both the Court and the Court
of Petty Sessions, and such process shall be subject, in
zither crse, to the Court fex payable in the latter Courts,
and to all rules prevailing in the said Courts as to payment
of the same; and any piocess issued shall be made returnable
indifferently at one Court or at the other, having regard to
convenience in respect of time and place.
Order to 286. When any person charged before a Court with any
qisoncrfor olfznce is confined in any prison or place, whether before
warnination. or after any convction, or in any civil proceeding, the Magis-
trate shall issue on a weekly basis an order under his
mal and on
hand, and under the seal of the Court, for briuging up before
such Court such person to be tried for such offence, or to be
present during any examination respecting such offence.
Where any person is confined in any prison or place
within his jurisdiction the Magistrate shall issue on a weekly
basis an order under his hand and under the seal of the
Court, for bringing up before the Court such person for the
purpose of making enquiries into the circumstances and
reasons for the detention of such person and of making such
orders in the circumstances as he thinks fit.
The person mentioned in an order under either of the
preceding paragraphs shall be brought before the Court
under the same care and custody, and be dedt with in like
manner in ail respects, as a prisoner brought up on a writ of
habeas corpus awarded by the Supreme Court, or any Judge
thereof, to be tried before the Resident Magistrate’s Court,
is now by law authorized to be dealt with:
m e inclmim of thia m ia autbatid by LN. 79119961
JUDICATURE (RESIDENT MAGISTRATES) 143
Provided, that the person having the custody of such
prisoner shall not, in a prosecution in which Court fees are
payable under this Act, be bound to obey such order, unless
a tender be made to him of a reasonable sum, to be fixed by
the Resident Magistrate’s Court Rules, and in the absence
of rules on this point, to be fixed by the Magistrate, for the
conveyance and maintenance of proper officers and of the
prisoner in going to, remaining at and returning from such
In other criminal cases the Magistrate shall have power
to award such reasonable sum for the expenses aforesaid
as he may think fit, which shall be defrayed from the
287. The forms set forth in Schedule E or forms to the
like effect shall be used in the Resident Magistrates’ Courts. SchdulcE.
288. In cases tried summarily, where a party is committed Forms of
to prison, it shall be sufficient to use the form of commit- ment.
ment given in this Act, as applicable to commitments from
289. In trials for indictable offences and in summary F$iw?
prosecutions for such classes of offences as the Minister praaculioa
may from time to time direct, the Clerk of the Courts shall, mm~sand
appears on behalf of the prosecution and cases in which -.
the Director of Public Prosecutions or some one deputed
by him conducts the prosecution, be the officer to conduct
290. The Clerk of the Courts in addition to conducting E&%$
the prosecution in summary cases for such classes of m~ts
conduct any particular case irrespectively of the class of
offence charged therein, which he may be required by the
Minister or the Director of Public Prosecutions to prosecute.
excepting in cases where a barrister, advocate, or solicitor summary -in
offences as the Minister may from time to time direct, shall pmaI ru -
[The inclusion of thir, page is authorized by L.N.
G$ 3 . ’I -e;-
144 JUDICATURE (RESIDENT MAGISTRATES)
HOWF~COKJS 291. In all proceedings in a Court by way of indictment,
case l to~e and in all summary proceedings before Courts of Petty
a,,d kep, Sessions by way of information for felonies, there shall be
recorded on or in the fold of the indictment or information,
SchtdnleE. in the form in Schedule E or to the like effect, the plea of
the accused, the judgment of the Court and in case of
conviction the sentence; and the Magistrate or in the
summary proceedings aforesaid the presiding Magistrate,
shall sign his name once at the end of the record.
If an appeal is lodged against any such conviction, a note
thereof and of the result of the appeal shall be subsequently
added by the Clerk and signed by him.
efore a Court with any
offence specified by the Minister, 4 y order, to be an offence
to which this paragraph shall apply, is found guilty of such
an offence, the Magistrate shall record or cause to be
recorded in the notes of evidence, a statement in summary
form of his findings of fact on which the verdict of guilty
In all summary proceedings other than as aforesaid, it
shall be sufficient for the presiding Magistrate or the Clerk
to record on or in the fold of the information (the adjourn-
ments, if any, being noted), the place and day of hearing,
the names of the adjudicating Magistrates and the finding.
If the notes taken in any of the cases aforesaid are taken
in a book, such book shall be preserved in the office of the
Clerk, and a reference to the same shall be noted in the fold
of the information or indictment; if the same are taken on
loose sheets, such sheets shall be attached to the information
In either case the information or indictment with the
record mLde thereon as aforesaid, and with the notes afore-
said, shall constitute the record of the case, and each such
Where any person charged 4511973 s. 5.
[The inclusion of this pat: is authorid by L.N. -1
@/. I> C r S j , ~ ~ y .