Judicature (Supreme Court) Act

Link to law: http://www.moj.gov.jm/laws/judicature-supreme-court-act
Published: 1880-01-01

JUDICATURE (SUPREME COURT)

THE JUDICATURE (SUPREME COURT) ACT

ARRANGEMENT OF SECTIONS

Preliminary

1. Short title.

2. Interpretation.
3. Application of existing Acts.

Constitution, Judges, OSJicers, their Salaries, the Seal and OSJices

o f the Supreme Court

4. Consolidation of the Superior Courts

5. Constitution of the Supreme Court.

6. Judges of the Court: their qualification. appointment and status.

7. Vacancies.
Illness or absence of Judges.

8. Master of the Court.

9. Powers of the Master.

10. Appeals from the Master.

11. Officers of the Court.
Their appointment.

12. The Registrar. lus qualifications and duties and Circuit Court Clerks
duties.

13. Registrar may make orders.

14. Procedure where cases are not concluded by Master or Registrar.

15. Appointment. qualification and duties of Deputy Registrars.

16. Appointment and duties of shorthand writers.

17. Bailiffs' additional duties

18. Power to appoint a Bailiff to execute the process of the Supreme Court
in its Admiralty Jurisdiction.

19. When Bailiff of Resident Magistrate's Court deemed Officer of
Supreme Court.

20. Salaries of officers.

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JUDICA TURE (SUPREME COURT)

2 1. Employment of experts by the Court.

22. Who may administer oaths, etc.

23. Summary juriscllction of the Court over its officers.

24. Transfer of books and property of existing Courts to the Supreme
Court.

25. The Seal.

26. Officers of the Court.

Jurisdiction of Supreme Court of Judicature

27. Juristllction of the Court.

28. How jurisdiction to be exercised.

28A. Power of Court to make order for sale of land

28B. Conduct of sales of land under order.

28C. Certificates of purchase and effect thereof.

28D. Power of Court to make charging orders.

28E. Costs in civil proceedings in Court.

29. Jurisdiction of Circuit Court Judges.

Sittings and Distribution of Business

30. Where Court to be held ordinarily and specifically.

3 1. Orders for the holding of Circuit Courts.

32. Arrangement and vacations of Circuit Courts.

33. The extent of the local jurisdiction of each Circuit Court.

34. Change of venue in criminal cases.

35. Transfer of trial from one parish to another.

36. Provisions as to commitments and recognizances when change made
in arrangements for holding Circuit Courts.

37. Sittings of the Supreme Court and vacation business.

38. Venue of civil suits and proceedings.

39. Powers of a single Judge.

40. A Judge on Circuit or sitting as an Election Court constitutes a Court.

41. Reservation of a case or point of law for argument before the Court of
Appeal.

42. Matters to be heard before the Court of Appeal.

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JUDICATURE (SUPREME COURT)

43. References by the Court to the Registrar.
44. Evidence.

Trial by Jury in Civil Proceedings
45. Trialwith Jury.

46. Trial without Jury.

costs

47. Costs

Provisions regulating the administration of Law and Equity
by the Supreme Court

48. Provisions as to the concurrent administration of law and equity.

49. Provisions as to the administration of law in special cases.

Sale of Lands under Decree

50. Sale of lands under decree.

Interest on Judgments in Supreme Court

5 1. Interest on Judgment debt, and rate of.
Definition of "judgment".

Abolition of Prerogative Writs of Mandamus, Prohibition and
Certiorari

52. Orders of mandamus, prohibition and certiorari to be substituted
for prerogative writs of mandamus, prohibition and certiorari.

Council of Judges

53. Council of Judges to be held annually.
Its functions.

Miscellaneous

54. Payment of salaries and expenses.

55. Fees payable in stamps.

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JUDICA TURE (SUPREME COURT)
Cap. 180.

Laws
46 of 1955,
39 of 1956,
56 of 1959,
I 0 of 1960, THE JUDICATURE (SUPREME COURT) ACT 1962,

S. 35.
Acts

50 of 1963,
[]sf January, 1880.1 of 1966,

5
29 of 1971
2nd Sch.,

30 of 1973,
42 of 1973

S. 13,
2 of 1976,
29 of 1997

S. 16,
4 of 1999.
38 of 1999,
3 of 2003,

42 of 1969,
3rd Sch.,

32 of 1970,
14 of 1971
S. 8. and
2nd Sch.,
15 of 1971
S. 41 nnd
5th Sch..

25 of 1971,

Preliminary
1. This Act may be cited as the Judicature (Supreme Court) Shorttitlc.

Act.
2. In this Act-

Intcrprcta-
"cause" includes any suit or other original proceeding, 110".

between a plaintiff and a defendant, and any criminal
proceeding by the Crown;

"defendant" includes every person served with any writ of
summons or process, or served with notice of or entitled
to attend any proceedings;

"judgment" includes decree;
"land" includes all corporeal or incorporeal hereditaments, 3,2003

or any legal or equitable estate therein; s 2

"matter" includes every proceeding in the Court not a cause;
"officers" includes clerks;
"party" includes every person served with notice of or

attending any proceeding, although not named on the
record;

"plaintiff' includes every person asking any relief (other- -

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JUDICA TURE (SUPREME COURT)

wise than by way of counter-claim as a defendant)
against any other person by any form of proceeding,
whether the same be taken by cause, suit, petition,
motion, summons or otherwise;

411 999
c ? "the Registrar" means a person appointed as a Registrar a. L.

pursuant to section 1 1 ;

"rules of court" includes forms;

"suit" includes action.
Application
of es~sting

3.-41) Subject to subsection (2) all enactments relating to
enactments. the Courts and Judges and officers whose juiisdictions and
1511962
S. 35.

functions are hereby transferred to the Supreme Court, or to any
of the Judges or officers thereof or wherein any of the Courts or
Judges or officers are referred to, shall be construed, so far
as relates to anything done after the commencement of this Act,
as if the Supreme Court established by this Act, and the Judges
and officers thereof, as the case may be, had been named
therein instead of such Courts or Judges or officers.

1511962
S. 35.

(2) After the 30th July, 1962-

(a) all references in this or any other enactment to the High
Court shall as respects enactments in force immediately
prior to that date be construed as references to the
Supreme Court; and

(b) where in this or any other enactment reference is made
to the Supreme Court in the exercise of its jurisdiction,
such reference shall not include those powers exercised
by the Supreme Court prior to the date aforesaid and
thereafter reserved to the Court of Appeal or to any of
the Judges of that Court.

Constitution, Judges, Officers, their Salaries, the Seal and
Offices of the Supreme Court

Consolida-
tion of the 4. On the commencement of this Act, the several Courts of
superior this Island hereinafter mentioned, that is to say-
Courts.

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JUDICATURE (SUPREME COURT)

The Supreme Court of Judicature,
The High Court of Chancery,
The Incumbered Estates' Court,
The Court of Ordinary,
The Court for Divorce and Matrimonial Causes,
The Chief Court of Bankruptcy, and a The Circuit Courts,

shall be consolidated together, and shall constitute one
Supreme Court of Judicature in Jamaica, under the name of
"the Supreme Court of Judicature of Jamaica", hereinafter
called "the Supreme Court".

5 . 4 1 ) The Judges of the Supreme Court shall be the Chief constitu-
tion of the Justice, a Senior Puisne Judge and not less than twenty-four nor Supreme

more than forty other Puisne Judges. court.
1412008

(2) The Chief Justice shall be the President and the Chief S. 2 (a)

Judge of the Supreme Court, and shall be styled "The Chief
Justice of Jamaica".

(3) The Puisne Judges shall be styled "Puisne Judges of
the Supreme Court of Judicature of Jamaica".

(4) The Minister may by order published in the Gazette 14/2008
amend subsection (1) so as to increase the number of Puisne S 2(b )
Judges, which order shall be subject to affirmative resolution.

6 . 4 1 ) Judges of the Supreme Court shall have in all respects, ~ ~ ~ ~ ~ u $
save as in this Act otherwise provided, equal power, authority their
and jurisdiction. quahfica- tion.

appointmenr
and starus.
1511962
S. 35.

(2) No person shall be appointed to be a Judge of the 3911956
Supreme Court unless he is a member of the Bar of Jamaica, S.2'c).
England, Northern Ireland or Scotland- 421 1969

3rd Sch.

(a) of at least ten years standing; or

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JUDICA TURE (SUPREME COURT)

Vacancies.

Illness or
absence of
Judges.

Master of
the Court.
2911966
s. 30).
14R008
S. 3(a).

(b) of such number of years standing as added to a
period during which he has held the office of a Resident
Magistrate in Jamaica prior to his becoming a member of
such Bar amounts to not less than ten years.

7 . 4 1 ) The Supreme Court shall be deemed to be duly
constituted during and notwithstanding any vacancy in the office
of any Judge thereof.

(2) Where the office of any Judge of the Supreme Court
becomes vacant by death or otherwise the Governor-General
shall appoint a fit and proper person (who shall be qualified as
required by law) to act in such office.

(3) Where any Judge of the Supreme Court by reason of
leave, illness, absence from the Island or from any other cause
is unable to perform his duties, the business of the Court shall
devolve upon and be transacted by the remaining Judges of the
Supreme Court:

Provided that in any such case and until such Judge is able to
resume his duties, the Governor-General may appoint some fit
and proper person (who shall be qualified as required by law) to
act in the place of such Judge.

(4) Any person appointed to act under the provisions of
subsection (2) or subsection (3) shall for all purposes be
deemed, for the period of his acting appointment, to be a
Judge of, and shall have and exercise jurisdiction in, the
Supreme Court and may exercise all the powers conferred upon
a Judge of the Supreme Court by this Act or any other
enactment or by any rule or regulation made under this or any
other enactment.

8 . 4 1 ) There shall be attached to the Supreme Court not less
than four nor more than eight Masters, and each Master shall
exercise such authority and jurisdiction o f a Judge in Chambers
as shall be assigned to him by rules of court.

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JUDICA TURE (SUPREME COURT) 9

(2) No person shall be appointed to be Master unless he
either-

(a) is a member of the Bar of Jamaica, England or Northern
Ireland or a member of the Faculty of Advocates of
Scotland, of at least five years' standing; or

(b ) has been a solicitor of the Supreme Court or of the
Supreme Court of Judicature of England, Scotland or
Northern Ireland for at least five years.

(3) The Constitution of Jamaica shall have effect as
respects the office of Master as if it were one of the
offices mentioned in subsection (2) of section 112 of the
Constitution.

(4) The Minister may, by order published in the Gazette, 1412008
amend subsection (1) so as to increase the number of Masters, S.3(b).
which order shall be subject to affirmative resolution.

9.-(1) Where under this Act a Master has jurisdiction in Powersof
relation to any matter, then, subject to this Act, he shall have r ~ z : ~ ~ ~
and may exercise in relation to the matter all the powers of the s. 3 (b).

14/2008 Court or a Judge, including the power of making an order in
such matter, which order may include provision for costs,
certificate for counsel or other consequential matters; and any
such order so made by a Master shall, subject to this Act, 14czooa
have the same effect as if it had been made by the Court or a 4(a).
Judge.

(2) Where under this Act a Master exercises jurisdiction I4l2008
in relation to any matter, then- S. 4 (b).

(a) in relation to such matter, a Master shall have all 1412008

0 the rights, powers, immunities and privileges of a Judge; s. 4(b). (b) any party to the proceedings may, if he so desires,
appear by counsel or solicitor.

10.-41) An appeal shall lie to the Court of Appeal from any ~~~~~
order or decision of a Master made in the exercise of any Master.
jurisdiction conferred on him under this Act. 2911966

S. 3(b).
(2) No appeal from an order or decision of a Master 1412008

S. 5.

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JUDICATURE (SUPREME COURT)

Officers of
the Court.
2911966
s. 3 (c).
411 999
S. 3.

The
Registrar.
his quali-
fications
and duties
and Circuit
Court
Clerks
duties.
4611955
S. 4.
4211969
3rd Sch.

under this section shall operate as a stay of proceedings unless a
Master or the Court of Appeal so orders.

11. There - shall be attached to the Supreme Court the
following officers, that is to say-'

one or more Registrars,

one or more Deputy Registrars,

a sufficient number of clerks,

a Crier, and

such other officers as may be prescribed by rules of court.

1 2 4 1 ) The Registrar shall be a member of the Bar of
Jamaica or of England or of Northern Ireland or of the Faculty
of ~ d v o c i t e s of Scotland, or a *writer to the Signet, or a
Solicitor of the Supreme Court or of the Supreme Court of
Judicature of England, Scotland, or Northern Ireland, or a
Law Agent admitted to practise in Scotland and shall not
practise in any Court of this Island nor act as a conveyancer,
pleader or legal adviser, and shall perform the following
duties, that is to say-

keep account of all fees, fines and amounts of forfeited
recognizances received in proceedings in the supreme
Court;

furnish to the Accountant-General of this Island accounts of
all stamps passing through the offices of the Supreme
Court, and submit all such accounts for audit as public
accounts;

examine, copy, enter, arrange, index and keep, proceedings
and records of proceedings in the Supreme Court, and
shall permit the public to search and take copies of
the same in the office of the Supreme Court at
reasonable hours;

attend the sittings of the Courts and Judges, take
minutes, write out and enter up judgments and orders;

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JUDICATURE (SUPREME COURT)

report as to the sufficiency or otherwise of the stamps upon
documents tendered in evidence in the Supreme Court,
and receive and account for deficiencies therein,
and penalties in respect thereof;

enter satisfaction and assignments of judgments, and prepare
and deliver appeal papers and papers of a like kind, and . tax the costs of proceedings in the Supreme Court;

issue process of the Supreme Court, and keep account
thereof, and of levies made and moneys received
thereunder, and of returns 'thereto;

keep jury lists, and strike and make up panels of jurors;

make such investigations and take such accounts in relation
to proceedings in the Supreme Court as the Court may
direct, and shall have power for the above purposes
to issue advertisements, summon parties and wit-
nesses, and take examinations viva voce, or upon
interrogatories, and the Court shall have power
to enforce -his orders as if they were those of a
Judge;

have power to administer oaths, and take affidavits
and declarations, in all proceedings in the Supreme
Court;

transact all such ministerial business of the Supreme Court,
and perform such other duties of a like kind, as are
assigned to him by rules of court;

(2) Circuit Court Clerks shall perform the following duties,
that is to say-

attend the sittings of Circuit Courts to which they are
respectively assigned, prepare the calendars thereof and
all indictments directed by the Director of Public
Prosecutions;

at such sittings call jurors, arraign prisoners, receive and
record verdicts, and administer oaths to witnesses and
jurors;

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JUDICATURE (SUPREME COURT)

Registrar
may make
orders.

Procedure
where cases
are not
concluded
by Master
or Regis-
trar.
4911968
S. 2.

keep minutes and records of proceedings and judg-
ments of such Courts, and transmit the same to the
Registrar;

generally perform such functions of the Registrar and such
ministerial business of the Circuit Courts, as may
be assigned to them by rules of court or by direction of
a Judge.

13. Upon proof of urgency the Registrar, being a barrister
or solicitor, may, in the absence of the Supreme Court
Judges, make orders which can be made by a Judge in
Chambers. An appeal shall lie from any such order to a
Judge in Chambers on two days' notice.

14.-(1) Where the hearing of any proceedings has
commenced before a Master, and he ceases, either temporarily
or permanently, to hold that office prior to the conclusion
of the hearing-

(a) if he has reserved judgment and ceases as aforesaid
before he has delivered his judgment he may at any
time lodge with the Registrar of the Supreme Court
such judgment in writing; and such judgment shall
as soon as possible thereafter be read in Chambers
in accordance with the directions of the Chief
Justice, and shall take effect in all respects as if
the person who reserved judgment had continued to be
a Master of the Supreme Court and had
delivered judgment himself on the day that it was so
read; or

(b) he may, whether or not he has reserved judgment as
aforesaid, be assigned at any time to be a Master of the
Supreme Court for the purpose of concluding such
hearing.

(2) In relation to the exercise of jurisdiction con-
ferred upon the Registrar by this Act or any other
enactment, the provisions of subsection (1) shall, mutatis

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JUDICATURE (SUPREME COURT)

mutandis, apply to him as they apply to a Master of the
Supreme Court.

13

15.41) There shall be attached to the Supreme Court Appoint-
such number of Deputy Registrars (each of whom is T;$:ica-
hereinafter referred to as the Deputy Registrar) as may 2zg:f
from time to time be appointed by the Governor-General. Deputy

(2) No person shall be appointed to be Deputy ;94!9?
Registrar unless he is a member of the Bar of Jamaica, 4z/1%9
England or Northern Ireland or of the Faculty of Advocates
of Scotland or a Solicitor of the Supreme Court or of the
Supreme Court of Judicature of England, Scotland or
Northern Ireland or a Writer to the Signet of Scotland.

(3) The Deputy Registrar shall subject to the
general or special directions of the Registrar assist the
Registrar in the performance of the duties of Registrar,
and the Deputy Registrar shall in the exercise of his office
have all and singular the like authorities, powers, duties,
immunities and liabilities of the Registrar save and except
the powers vested in the Registrar by virtue of section 13.

(4) Everything by this Act or any enactment amend-
ing or incorporated with the same appointed or authorized
or required to be done or signed by the Registrar may be
done or signed by the Deputy Registrar and shall be as
valid and effectual as if done or signed by the Registrar.

16,-(1) There shall from time to time be appointed Appoint-
such number of shorthand writers who shall receive such ~~~~~~
salary as Government may determine.

(2) Shorthand notes shall be taken of the proceed- 2’:p”O
ings at the trial of any person on indictment in the Supreme
Court, and a transcript of the notes or any part thereof

(a) on any appeal or application for leave to appeal
be made and furnished to the Registrar if he SO
directs; and

Registrars.

3rd Sch.

shorthand
writera.

Shall-

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14 JUDICATURE (SUPREME COURT)

(6) be made and furnished to any party interested
upon the payment of such charges as may be fixed
by rules of court whether the person tried was
or was not convicted, or in any case where the
jury were discharged before verdict.

(3) Subject to the provisions of subsections (4) and
(5) shorthand notes shall also be taken of the whole or of
any part of the proceedings at the trial of civil actions or
proceedings in the Supreme Court upon request in writing
to the Registrar by any party thereto and a transcript of
the notes or any part thereof shall-

(U) on any appeal be made and furnished to the
Registrar if he so directs; and

(b) be made and furnished to any party interested
upon the payment to the Registrar of such charge,
not exceeding five cents per folio of one hundred
and sixty words and not exceeding twenty-five per
cent of such charge for each carbon copy thereof,
as may be fixed by rules of court.

(4) The duties to be performed by the shorthand
writers under subsection (2) shall take precedence of the
duties to be performed by the shorthand writers under
subsection (3).

(5) A fee of six dollars thirty cents per day of five
hours and a further fee of one dollar and five cents for
every hour or part of an hour over the first five hours,
payable in advance unless a Judge otherwise orders, shall
be paid to the Registrar for the attendance at the trial
of a civil action or proceeding of a shorthand writer.

(6) Rules of court may make such provisions as is
necessary for securing the accuracy of the notes to be
taken and the verification of the transcript.

17.-(1) The Bailiffs for the Resident Magistrates' Courts
appointed under the Judicature (Resident Magistrates) Act
shall in addition to the duties now devolving upon them

BailiW

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JUDICA TURE (SUPRE-ME COURT) 15

be Bailiffs for the Supreme Court and shall by themselves
or deputies execute the process of the Supreme Court and
shall serve all writs, documents or process issuing out of the
Supreme Court entrusted to them for service and shall perform
such duties in relation thereto and in such manner as may
be prescribed by rules o f court made in the manner prescribed
by this Act.

@ (2) Any fees which by rules of court are made payable
to Bailiffs shall be taken or retained by them as re-
muneration for the performance of -their duties under this
Act.

18.-(1) It shall be lawful for the Governor-General to Powerto
appoint a Bailiff of the Supreme Court whose powers and ~ " , ~ ~ ~ ~
duties shall be limited to executing the process of the said execute the
Court in its Admiralty Jurisdiction and to doing the various :Ees"
things which by the United Kingdom Act styled the Colonial supreme
Courts of Vice-Admiralty Act, 1890 (53 and 54 Vic., ~~~~r~~
Chap. 27) or by any rules made under the provisions of Jur~sdic-
the said Act are required to be, done by the Bailiff of 'lo".
the said Court.

(2) Such officer shall be styled the Admiralty Bailiff of
the Supreme Court.

(3) Any fees which by the said Act, or the said rules
are made payable to the Bailiff, or in the Bailiffs office,
shall be taken by the Admiralty Bailiff and retained by
him as his remuneration for the performance of his
duties.

19. Every Bailiff shall be deemed to be an officer of the When
Balliff of Supreme Court not only when executing any writ or other Resident

process of the Supreme Court sent to him by the Registrar for Magis-
trate's execution but also when serving any writ or other document Court

entrusted to him for service in connection with any proceedings deemed
in the Supreme Court. officer of Supreme

Court.

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16 JUDICA TIJRE (SUPREME COURT)

Salaries of 20. There shall be paid to each Master and to .officers
officers.
2911 966 appointed under this Act such salaries as are directed by
s. 3 (0. this Act, and where no salaries are directed by this
'412008 Act then such salaries as are determined by Government. S. 7.

E ~ ~ I O Y - 21. The Court may, when it thinks fit, obtain the assistance
men1 of
experts by of accountants, actuaries and scientific persons, to enable it
thecourt. to determine any matter at issue in any cause or proceeding,

and may allow reasonable fees and expenses to such persons
to be taxed as costs in the proceeding.

who may 22.-41) Every Justice may administer oaths and take
admln~ster
oaths, etc. affidavits, declarations and affirmations concerning any

matter or proceeding in any Court in this Island and where the
matter or proceeding shall be in the Supreme Court such
Justice shall for such purpose be deemed to be an officer of the
Court.

(2) Affidavits, declarations and affirmations concerning
matters or proceedings in any Court in this Island may be sworn
or taken-

(a) in any which is part of the Commonwealth
before any person having authority to administer an

3811999 oath in such place or before a Jamaican or British High
S. 3 (a). Commissioner, Envoy, Minister, Charge d'Affaires,

Secretary of Embassy or Legation, or any Jamaican or
British Consul-General, Consul, Vice-Consul, Acting
Consul or Consular Agent, exercising his functions in
such place; and

(6) in any foreign state or country before any
Jamaican or British Ambassador, E ~ V O ~ , Minister,
Charge d' Affaires or Secretary of Embassy or Legation
or q y Jamaican or British Consul-General or
Consul or Vice-Consul or Acting Consul or Con-

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JUDICATURE (SUPREME COURT) I7

sular Agent exercising his functions in such foreign
state or country, or

(C) in any foreign state or country before any person
having authority by the law of such state or
country to administer an oath in such state or
country.

(3) Any affidavit, declaration or aflkmation pur-
porting to have affixed, impressed or subscribed thereon or
thereto the seal or signature of any person authorized by
paragraph (U) or paragraph (b) of subsection (2) shall be
admitted in evidence without proof of the seal or signature
being the seal or signature of that person or of the qualifi-
cation or official character of that person.

(4) Where any affidavit, declaration or affirmation
is sworn or taken in any foreign state or country before any
person authorized by paragraph (c) of subsection (2) the
signature or seal of such person and his authority to
administer an oath in such state or country shall be verified
by a certificate of one of the officers set out in paragraph
(b) of subsection (2 ) or by a certificate under the seal of
the appropriate person having such power of verification in ~ 1 9 9 9
such state or country. S. 3(bk

23. No officer of the Supreme Court shall directly or Summw
(""SdlC.

the Cowl
over ,ts

indirectly ask or receive any fee or gratuity in respect of tlmor

omccn
any of the duties of his office.

If any officer of the Supreme Court acting under colour
of the process of the Court is charged with misconduct, or
with any wrongful act or neglect in the discharge of the
duties of his office, the Court or a Judge may enquire into
the matter in a summary way on such evidence as may
appear reasonable and for that purpose may summon and
enforce the attendance of all necessary parties and witnesses
in like manner as the attendance of witnesses in any other
case may be enforced, and may make such order for the

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RL-32

18 JUDICATURE (SUPREME COURT)

payment of all damages and costs that may have been
caused by any such act or neglect as it thinks just, and
impose such fine upon the officer as it deems adequate; and
in default of payment of any money so ordered to be paid
payment of the same may be enforced as a judgment
recovered in the Court.

This provision shall not take away any right of action
for damages against any officer, but no action shall be
commenced or continued for any act or omission of such
officer after the Court has ordered compensation to be paid
in respect of it under this section.

The death, absence or retirement of any officer charged
with any duties under this Act shall not affect the per-
formance of such duties, but such duties may be proceeded
with in all respects by the person acting in the place of
such officer as if no such death, absence or retirement had
occurred.

Transfer of

Court;

24 All books, documents, papers and chattels belonging
to any of the Courts whose jurisdiction is hereby transferred
to the Supreme Court, shall belong to the Supreme Court.

to rhc
Suprrm
court.

Tbe seal. 25. The Chief Justice shall cause a seal to be provided
for the Supreme Court.

mm of 26. The ofices of the Supreme Court shall be in
Kingston. the court.

Jurisdiction of Supreme Couri of Judicature
27. Subject to subsection (2) of section 3 the Supreme

Court shall be a superior Court of Record, and shall have
and exercise in this Island all the jurisdiction, power and
authority which at the time of the commencement of thjs
Act was vested in any of the following Courts and Judges
in this Island, that is to say-

luriadie

s. l5’IM2 3s.

tioo of the
COUIt.

The Supreme Court of Judicature,
inclusion of thh page h authorized by L.N. 3/ZOO11

JUDICATURE ( S U P m E COURT)

The High Court of Chancery,
The Incumbered Estates Court,
The Court of Ordinary,
The Court for Divorce and Matrimonial Causes,
The Chief Court of Bankruptcy, and
The Circuit Courts, or
Any of the Judges of the above Courts, or
The Governor as Chancellor or Ordinary acting in any

judicial capacity, and
All ministerial powers, duties, and authorities, incident to

any part of such jurisdiction, power and authority.

28. Such jurisdiction shall be exercised so far as regards tiO?.
junsdlc-

procedure and practice, in manner provided by this Act, and the tionto I,,
Civil Procedure Rules and the law regulating criminal ;;,ylS;1.
procedure, and by such rules and orders of court as may be (1953 Edtn.
made under this Act; and where no special provision is
contained in this Act, or in such Rules or law, or in such rules
or orders of court, with reference thereto, it shall be exercised
as nearly as may be in the same manner as it might have been
exercised by the respective Courts from which it is transferred
or by any such Courts or Judges, or by the Governor as
Chancellor or Ordinary.

28A.41) The Court may, on the application of the person
Court to

prosecuting a judgment or order for the payment of money, makeorder
make an order for the sale of the land of a judgment debtor. for sale of

land.

(2) The proceeds of the sale of the land of a :.?"
judgment debtor shall be distributed among the persons found
entitled thereto, according to their respective priorities.

(3) The order for sale of the land of a judgment
debtor and all proceedings consequent thereon shall bind
persons claiming any interest in the land through or under the
judgment debtor, by any means, subsequent to the delivery of
the land in execution, or to the commencement of the
proceedings for a sale of the land.

[The inclusion of this page is authorized by L.N. 87120041

20 JUDICATURE (SUPREME COURT)

Conduct of
sales of land
under order.
3/2003
S. 3 .

Certificates
of purchase
and effect
thereof.
312003
S. 3 .

Polier of
Court to
make
charging
orders.
3 2003
S. 3 .

Costs in civil
proceedings
in Court.
3 2003
S. 3 .

28B. Subject to rules of court, all sales in execution of
judgments or orders under section 28A shall be conducted in
accordance with such orders as the Court may make.

28C.-(1) After the sale of the interest of any judgment
debtor in any land, the Court shall grant a certificate to the
person who has been declared the purchaser to the effect that he
has purchased the judgment debtor's right, entitlement to and
interest in the property sold.

(2) A certificate mentioned in subsection (1)-

(a) shall be liable to tax under the Stamp Duty Act and
Transfer Tax Act as a transfer, conveyance or assign-
ment of the land, as the case may be;

(b) when duly stamped, shall be taken and deemed to be
a valid instrument of transfer, conveyance or assign-
ment of the defendant's right, entitlement to and
interest in the land sold; and

(c) may be recorded in the same manner as any deed,
transfer, conveyance or assignment.

28D. The Court may, on application of the person pro-
secuting a judgment or order for the payment of money, make a
charging order in accordance with the Civil Procedure Rules,
2002 in relation to the enforcement of judgments.

28E.-41) Subject to the provisions of this or any other
enactment and to rules of court, the costs of and incidental to all
civil proceedings in the Supreme Court shall be in the discre-
tion of the Court.

(2) Without prejudice to any general power to make
rules of court, the Rules Committee of the Supreme Court may
make provision for regulating matters relating to the costs of
civil proceedings including, in particular prescribing-

(a) scales of costs to be paid-
[The inclusion of this page is authorized by L.N. 87120041

(i) as between party and party;
(ii) the circumstances in which a person may be

ordered to pay the costs of any other person; and

(6) the manner in which the amount of any costs payable
to the person or to any attorney shall be determined.

(3) Subject to the rules made under subsection (2), the
Court may determine by whom and to what extent the costs are
to be paid.

(4) In any pi-oceedings mentioned in subsection ( I ) ,
the Court may disallow, or (as the case may be) order the
attorney-at-law concerned to meet, the whole of any wasted
costs or such part of them as may be determined in accordance
with rules of court.

(5) In subsection (4) "wasted costs" means any costs
incurred by a party-

(a) as a result of any improper, unreasonable or negligent
act or omission on the part of any attorney-at-law or
any employee of the attorney-at-law; or

(6) which, in the light of any such act or omission occur-
ring after they were incurred, the Court considers it is
unreasonable to expect that party to pay.

29. The Judges of the Supreme Court shall act within the Juridic-
tton of

Circuits in all respects as the Judges of Assize, Oyer and circuit
Terminer and Gaol Delivery have heretofore done, and it Fu?'&
shall be the duty of each, within the jurisdiction of the
Courts respectively over which he shall preside, and at the
times at which such Courts are respectively required to be
held, to enquire by the oaths of good and lawful men of the
parish in and for which such Courts shall be held, of all
treasons, misprision of treason, felonies and misdemeanours
whatsoever, and of the accessories to the same; and to hear
and determine the same, and each of them according to law;
and it shall be their duty, each within his Circuit, and at
the several times at which the Courts of the said Circuit

[The inclusion of this page is authorized by L.N. 87120041

JiJIlICA TURE (S'UI'HEME COURT)

are held, to deliver the gaol and gaols within his said Circuit,
doing therein what justice shall require; and at the times
respectively aforesaid shall take verdicts upon issues and
assessments of damages within such Circuit.

Sittings and Distribution of Business
WhmeCou* 30. The Supreme Court shall ordinarily hold its sittings in
to be held
urdinarily Kingston, but, subject to the provisions of this Act and to rules
and
specifically.

of court, the Court and the Judges thereof may sit and act at any
time, and at any place, for the transaction of any part of the
business of the Court or of such Judges.

@dm"for 31.--(1) The Chief Justice may from time to time make, and
the holding
ofcircuit when made revoke, add to or alter orders appointing the times
COu*s and places for the holding of Circuit Courts.

(2) Every order under subsection (1) shall be so framed
as to provide that there shall be held a Circuit Court three
times a year in each parish of the Island except the parish of
Saint Andrew.

(3) Every order under subsection (1) shall be published
in the Gazette and shall come into operation upon the date
specified in such order.

(4) Every order under subsection (1) shall, so long as it
continues in force, have the same effect as if it formed part of
the provisions of this Act, and rules of court may be made for
carrying any order under subsection (1) into effect as if the
provisions of such order formed part of this Act.

(5) Notwithstanding anything in this section or in any
order made under this section, the Chief Justice or any Puisne
Judge may direct any Circuit Court Clerk-

(a) to postpone the opening of the Circuit Court of
which he is the Clerk, from the day appointed for

[The inclusion of this page is authorized by L.N. 87120041

JUDICATURE (SUPREME COURT) 21

such opening by any order under this section to
any other day specified by the Chief Justice or any
Puisne Judge, as the case may be; or

(b) to adjourn the sitting of the Circuit Court to
which he is the Clerk to any day specified by the
Chief Justice or any F'uisne Judge.

(6) Notwithstanding anything in this section or in 1/1966
any order made under this section the Chief Justice may ''
direct that at any Circuit Court Judges may hold separate
courts.

when made revoke, add to or alter orders-
32,-(1) The Minister may from time to time make, and

(a) arranging the Circuits and the number thereof
and directing what parishes and towns shall be
upon each Circuit; and

(b) regulating the vacations to be observed by the
Supreme Court and the offices thereof.

(2) The Minister may, under the provisions of this
section, order that the whole Island shall constitute one
circuit.

mml uhi
VPcabMlll
of circlut

33. The jurisdiction of the Circuit Court appointed to 2~"
be held in my parish shall extend over the whole of such laal
parish, and over so much of any adjoining parish as lies
within one mile of the boundary of such first-mentioned
parish, and over the high seas in respect of crimes within 1411971
the jurisdiction of the Supreme Court:

Provided always, that the Urn i t Court fur Kingston
shall have jurisdiction over the parish of St. Andrew as
if it formed part of the parish of Kingston :

boundaries of every parish shall be deemed to extend to
such part, if any, of the sea as is constituted by law internal
waters of which the shore or any part thereof is at the coast

j d d i a D

s a.

Provided further that, for the purposes of this section, the 14/1971

____ -_______
[Tbc inclusion o€ tbta p g e is authorized by LN. 3/Mo11

22 JUDICATURE (SUPREME COURT)

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 con-
ferment of any concurrent jurisdiction by virtue of any
other parish’s boundaries being deemed to extend in manner
aforesaid.

34. It shall be lawful in all cases of criminal prosecu-
tions for a Judge of the Supreme Court, on application
either on behalf of the Crown or the accused, and on good
cause shown, to change the venue and remove the trial
from any one Court to any other, and such last-mentioned
Court shall thereupon have jurisdiction in such case.

35. Where for any reason whatsoever the trial of a per-
son who has been committed to be tried for an indictable
offence before a Circuit Court for any parish is either not
proceeded with or not brought to a 6nal conclusion before
that Court, it shall be lawful for that Court, if in its dis-
cretion it thinks it convenient so to do, with a view either to
expedite the trial or retrial or to save expense, and is
satisfied that the accused will not thereby s d e r hardship,
to direct that the trial or retrial of the accused shall take
place before a Circuit Court for some other parish and
thereupon the trial shall proceed and take place in such
parish in every respect as if the committal for trial had
been in that parish.

36. When any change is made in the arrangements for
holding the Circuit Courts, under which the commitment
of any accused person to take his trial at any Circuit Court
becomes a commitment to a Court without jurisdiction to
try such person for his alleged offence, it shall be lawful
for the Director of Public Prosecutions by writing under
his hand, to direct that the commitment shall stand as a

who inclusion of bhis page is authorized by L.N. 3/20011

change of
Venue In
rrrmlnal
cam

Transfer of
tnal from
one pariah
to another.

PmViSiOUS
as 10
commit-
ments and
rcmgniz-

when
change
made in
arrange-
ments for
holding
Circuit
corn.

8 l l C e S

JUDlCATURE (SUPREME COURTI

commitment to the Court, which, under such change as
aforesaid, has become the Court having jurisdiction to try
such person and any such commitment shall be read and
taken as altered in accordance with such direction; and
on notice of such direction being given, under the hand
of the Director of Public Prosecutions to the Superintendent
of any prison, to which such accussd person has been cum-
mitted to await his trial, such Superintendent shall treat
such commitment as altered accordingly; and on notice
being given as aforesaid to any person under recognuance
either personally to appear, or as surety for the appsarance
of some other person, at the time and place named in such
first-mentioned commitment, the condition of such recog-
nizance shall be deemed to be altered as to the time and
place for such appearance in accordance with such direction
as aforesaid.

23

37.-(1) Sittings of the Supreme Court shall, so far as sittms
is reasonably practicable, and subject to vacations, be held supreme

(2 ) Provisions shall be made by rules of court for

of the

Court and continuously throughout the year. vacation
businru.

the hearing during vacations of urgent applications.

38. The place of trial of civil suits cognizable by the vconcof
Supreme Court in the exercise of its common law or equity and
jurisdiction shall be regulated (subject to any order which Ed-
may be made on a summons for directions) as follows-

ovd SUii8

(U) Where the cause of action arises wholly or in part
within the Kingston Circuit, the trial shall ordi-
narily take place at the sittings of the Kingston
Circuit Court.

(b) Where the cause of action arises within any other
Circuit the trial shall take place at the sittings
of the Kingston Circuit Court, or at the Circuit

___ me inclusion of this pageis authorized by L.N. 1461 19991

24 JUDICATURE (SUPREME COURT)

Court of the Circuit in which the cause of action
arose (at the option of the plaintiff).

Powcrs of
a single
ludge.

A Judge
on Circuit
or silting
as an
Election
court
mnstihlteS
a court .
291 1997
S. 16.
Reservation
of a case 01
poinl of
law for
arnument
bdore [he
Court of
Appeal.

But in any case, upon reasonable cause being shown, the
Court or a Judge may order any suit to be tried at the
Kingston Circuit Court, or at any other convenient Circuii
Court.

All other proceedings before the Supreme Court exercis-
ing civil jurisdiction shall, so far as is reasonably practicable,
be held in Kingston.

39. A single Judge of the Supreme Court may exercise,
in Court or in Chambers, any part of the jurisdiction of
the Court which before the passing of this Act might have
been exercised in the like manner, or which may be directed
or authorized to be so exercised by rules of court to be
made under this Act.

In such cases a Judge sitting in Court shall be deemed
to constitute a Court.

40. A Judge of the Supreme Cow-
(U) holding a Circuit Court; or
(b) sitting as an Election Court,

constitutes a Court of the Supreme Court.

41. A Judge of the Supreme Court sitting in the exercise
of the civil jurisdiction of the Court may reserve any case,
or any point in a case, for the consideration of the Court
of Appeal, or may direct any case or point in a case to be
argued before the Court of Appeal, and the Court of
Appeal shall have power to hear and determine any such
case or point:

Provided that nothing herein shall take away the right
of any party to any suit to have the issues for trial by jury
submitted and left by the Judge to the jury before whom

[The inclusion of [his p $ e i s authorized by L.N. 146/1999]

.

JUDICATURE (SUPREME COURU 25

the same comes for trial, with a proper and complete
direction to the jury upon the law and as to the evidence
applicable to such issues.

42. Motions for new trials of causes or matters upon E;:;?
which a verdict has been found by a jury, or by a Judge k f o r e l h e
without a jury, and motions in arrest of judgment, or to A ~ ~ ~ ~ I .
enter judgment non obsranre veredicto, or to enter a verdict
for plaintiff or defendant, or to enter a non-suit or to
reduce damages and special cases and special verdicts,
shall be heard before the Court of Appeal.

Civil Procedure Code and of rules of court, any Judge courtto
of the Supreme Court may order what matters in pro-
ceedings in the Court shall be investigated by the Registrar, :ad;j177
and may direct the Registrar to take accounts and make
enquiries, and may give such assistance and direction to
the Registrar therein as he thinks fit:

Provided that any person aggrieved by any act or decision
of the Registrar may appeal thereupon to the Court. All
acts and proceedings of the Registrar under the provisions
of this section shall be subject to ratification by the Court,
and when so ratified shall be binding on all parties in the
same way as arl order of the Court.

Act, save as far as reIates to the power of the Court for
special reasons to allow depositions or affidavits to be read,
shall affect the mode of giving evidence by the oral examina-
tion of witnesses in trials by jury, or the rules of evidence.

Trial by Jury in Civil Proceedings

Court of

43. Subject to the provisions of this Act and of the References
by the

the

44. Nothing in this Act or in rules made under this Evidrnm

4 5 . 4 1 ) Subject as hereinafter provided, if, in relation Trial
to a civil cause or matter to be tried in the Supreme Court, $$.
an application is made by a party thereto, before the mode i!i,1%8.
of trial is first determined, for the cause or matter to be
tried with a jury, and the Court or a Judge is satisfied
that-

[llheinclusionof this page is authorized by L.N. 146/1999]

26 JUDICATURE (SUPREME COURT)

(a) an allegation of fraud against that party; or
(b) a claim in respect of slander, libel, false imprison-

ment, malicious prosecution, seduction or breach
of promise of marriage,

is in issue, the cause or matter shall be ordered to be tried
with a jury, unless the Court or Judge is of opinion that
the trial thereof requires any prolonged examination of
documents or accounts or any scientific or local investiga-
tion which cannot conveniently be made with a jury, but,
save as aforesaid, any civil cause or matter to be tried
in the Supreme Court, may, in the discretion of the Court
or a Judge, be ordered to be tried either with or without

(2) The provisions of subsection (1) shall be without
prejudice to the power of the Court or a Judge to order
that different questions of fact arising in any civil cause
or matter be tried by different modes of trial, and where
any such order is made the provisions of subsection (1)
requiring trial with a jury in certain cases shall have effect
only as respects questions relating to any such allegation
or claim as is mentioned in that subsection.

a jury.

Trial
?'i*hout

4311968

46. In every civil cause or matter to be tried in the
Supreme Court, unless under the provisions of section 45
a trial with a jury is ordered, the mode of trial shall be
by a Judge without a jury.

Jury.

s. 2

costs

costa. 47.41) In the absence of express provision to the
contrary the costs of and incident to every proceeding in
the Supreme Court shall be in the discretion of the Court,
but nothing herein contained shall deprive a trustee, mort-

[ 6 ~ 1 /gp1 '"7 ,iq paqroqne s~ a8Ed s!q~ p no!sngu! aqill

JUDICATURE (SUPREME COURT) 21

gagee or other person of any right to costs out of a
particular estate or fund to which he would be entitled
according to the rules acted upon in Courts of Equity before
the commencement of this Act :

Provided that where any action or issue is tried by a
jury costs shall follow the event unless upon application
made, the Judge at the trial or the Court, for special cause
shown and mentioned in the order, otherwise directs.

Any order of a Judge as to such last-mentioned costs
may be appealed from, and may be discharged or varied
by the Court of Appeal.

No costs shall be recoverable until they have been taxed
by the Registrar or his deputy.

(2) In every legal proceeding in which one party
shall be entitled to recover costs from the other party, the
same fees shall be allowed for the services of solicitors
employed at fixed salaries by the party so recovering costs,
as if such solicitors were remunerated by fees in the
ordinary way for their specific services in the proceeding
in respect of which such party shall be entitled to costs.

Provisions regulating the administration of Law and
Equity by the Supreme Court

48. With respect to the concurrent administration of law provisions
and equity in civil causes and matters in the Supreme Court CMICUITent
the following provisions shall apply-

(a) If a plaintiff or petitioner claims to be entitled
to any equitable estate or right, or to relief upon
any equitable ground against a deed, instrument
or contract, or against a right, title or claim
asserted by a defendant or respondent in such
cause or matter, or to relief founded upon a legal
right which before the passing of this Act could
only have been given by a Court of Equity, the

as to the

administra-
tion of law
and equity.

me inclusion of this page is authorized by L.N. 480119131

28 JUDICATURE (SUPREME COURT)

Court and every Judge thereof shall give him such
and the same relief as ought to have been given
by the Court of Chancery before the passing of
this Act.

(b) If a defendant claims to be entitled to any equit-
able estate or right, or to relief upon any equitable
ground against any deed, instrument or contract,
or against any right, title or claim asserted by a
plaintiff or petitioner in such cause or matter, or
alleges any ground of equitable defence to any
claim of a plaintiff or petitioner, the Court and
every Judge thereof shall give to every equitable
estate, right or ground of relief so claimed, and
to every equitable defence so alleged, the same
effect, by way of defence against the claim of the
plaintiff or petitioner, as ought to have been given
by the Court of Chancery before the passing of
this Act.

(c) The Court and every Judge thereof shall also have
power to grant to a defendant in respect of any
equitable estate or right, or other matter of equity,
and also in respect of any legal estate right or
title claimed or asserted by him, all such relief
against any plaint8 or petitioner as he properly
claims by his pleading, and as the Court or any
Judge thereof might have granted in any suit
instituted for that purpose by the same defendant
against the same plaintif€ or petitioner, and also
all such relief relating to or connected with the
original subject of the cause or matter and in like
matter claimed against any other person, whether
already a party to the same cause or matter or not,
who has been duly served with notice in writing
of such claim pursuant to any rule of court or any
order of the Court, or might properly have been
granted against such person if he had been made a

me inclusion of this page is authorized by L.N. 480/19731

JUDICATURE (SUPREME COURT) 29

defendant to a cause duly instituted by the same
defendant for the like purpose; and every person
served with any such notice shall thenceforth be
deemed a party to such cause or matter with the
same rights in respect to his defence against such
claim as if he had been duly sued in the ordinary
way by such defendant.

(d) 711e Court and every Judge thereof shall take
uotice of all equitable estates, titles and Tights,
and all equitable duties and liabilities, appearing
incidentally in the course of any proceeding, in
the same way as the Court of Chancery would
have done in any proceeding instituted therein
before the passing of this Act.

(4 No proceeding at any time when pending in the
Supreme Court shall be restrained by prohibition
or injunction, but every matter of equity on which
an injunction against the prosecution of such
proceeding might have been obtained if this Act
had not passed, either unconditionally or on any
terms or conditions, may be relied on by way of
defence thereto; but nothing in this Act contained
shall disable the Court from directing a stay of
proceedings in any cause or matter pending before
it if it think fit, and any person, whether a party
or not to any such cause or matter,,who would
have been entitled if this Act had not been passed,
to apply to any Court to restrain the prosecution
thereof, or who may be entitled to enforce, by
attachment or otherwise, any judgment, decree,
rule or order, contrary to which all or any part
of the proceedings in such cause or matter may
have been taken, shall be at liberty to apply to the
said Court, by motion in a summary way, for a
stay of proceedings, either generally or so far as

me inclusion of t h i s page is authorized by L.N. 480/1973]

30 JUDICATURE (SUPREME COURT)

may be necessary for the purposes of justice, and
the Court shall thereupon make such order as is
just.

( f ) Subject to the aforesaid provisions for giving
effect to equitable rights and matters of equity,
and to the other express provisions of this Act,
the said Court and every Judge thereof shall give
effect to all legal claims and demands, and all
estates, titles, rights, duties, obligations and lia-
bilities, existing by the common law or by any
custom, or created by any statute, in the same
manner as the same would have been given
effect to if this Act had not been passed by any
of the Courts whose jurisdiction is hereby trans-
ferred to the Supreme Court.

(g) The Supreme Court in the exercise of the jurisdic-
tion vested in it by this Act in every cause or
matter pending before it shall grant either abso-
lutely or on such reasonable terms and conditions
as to it seems just, all such remedies as any of
the parties thereto appear to be entitled to in
respect of any legal or equitable claim properly
brought forward by them respectively in such
cause or matter; so that as far as possible, all
matters so in controversy between the said parties
respectively may be completely and finally deter-
mined, and multiplicity of proceedings avoided.

provisions 49. With respect to the law to be administered by the
as dmimslra- to the Supreme Court, the following provisions shall apply, that

CaSeS. (a) In the administration by the Court of the assets
of any person dying after the commencement of
this Act, and whose estate may prove to be
insufficient for the payment in full of his debts
and liabilities (and in the winding up of any

tionoflaw is to say-
in special

[The inclusion of th is page is authorized by L.N. 480/19731

JUDICATURE (SUPREME COURT) 31

company whose assets may prove to be insufficient
for the payment of its debts and liabilities and
the costs of winding up), the same rules shall
prevail and be observed as to the respective rights
of secured and unsecured creditors, and as to debts
and liabilities provable, and as to the valuation
of annuities and future and contingent liabilities
respectively, as may be in force for the time being
under the Bankruptcy Act with respect to the
estates of persons adjudged bankrupt; and all
persons who in any such case would be entitled to
prove for and receive dividends out of the estate
of any such deceased person (or out of the assets
of any such company), may come in under the
decree or order for the administration of such
estate (or under the winding up of such company),
and make such claims against the same as they
may respectively be entitled to by virtue of this
Act.

(b) No claim of a cestui que trust against his trustee
for any property held on an express trust, or in
respect of any breach of any such trust, shall be
held to be barred by any Statute of Limitations.

(c) An estate for life without impeachment of waste
shall not confer, or be deemed to have conferred,
upon the tenant for life, any legal right to commit
waste of the description known as equitable waste,
unless an intention to confer such right expressly
appears by the instrument creating such estate.

(d) There shall not after the commencement of this
Act be any merger by operation of law only, of
any estate the beneficial interest in which would
not be deemed to be merged or extinguished in

(e) A mortgagor entitled for the time being to the
possession or receipt of the rents and profits of

equity.

(The inclusion of this page is authorized by LN. 480119731

32 JUDICATURE (SUPREME COURT)

any land as to which no notice of his intention
to take possession, or to enter into the receipt of
the rent and profits thereof, has been given by the
mortgagee, may sue for such possession, or for
the recovery of such rents or profits, or to prevent
or recover damages in respect of any trespass or
other wrong relative thereto, in his own name
only, unless the cause of action arises upon a lease
or other contract made by him jointly with any
other person.

(j9 Any absolute assignment by writing under the
hand of the assignor (not purporting to be by way
of charge only) of any debt or other legal thing
in action, of which express notice in writing has
been given to the debtor, trustee, or other person
from whom the assignor would have been entitled
to receive or claim such debt or thing in action,
shall be and be deemed to have been effectual in
law (subject to all equities which would have been
entitled to priority over the right of the assignee
if this Act had not been passed) to pass and transfer
the legal right to such debt or thing in action from
the date of such notice, and all legal and other
remedies for the same, and the power to give a
good discharge for the same without the concur-
rence of the assignor;

Provided always that if the debtor, trustee, or
other person liable in respect of such debt or thing
in action, has had notice that such assignment is
disputed by the assignor or any one claiming under
him, or of any other opposing or conflicting claims
to such debt or thing in action, he shall be entitled,
if he thinks fit, to call upon the several persons
making claim thereto to interplead concerning the
same, or he may if he thinks fit pay the same into
the Supreme Court under and in conformity with

me inclusion of this page is authorized by L.N. 480119731

IUDICATURE (SUPREME COURT) 33

the provisions of the laws for the relief of
trustees.

(g) Stipulations in contracts, as to time or otherwise,
which would not before the commencement of this
Act, have been deemed to be or to have becomc.
of the essence of such contracts in a Court of
Equity, shall receive in all Courts the same con-
struction and effect as they would have heretofore
received in equity.

(h) A mandamus or an injunction may be granted or
a receiver appointed, by an interlocutory order of
the Court, in all cases in which it appears to the
Court to be just or convenient that such order
should be made; and any such order may be made
either unconditionally or upon such terms and
conditions as the Court thinks just, and if an
injunction is asked either before or a t or after the
hearing of any cause or matter, to prevent any
threatened or apprehended waste or trespass, such
injunction may be granted if the Court thinks fit,
whether the person against whom such injunction
is sought is or is not in possession under any claim
of title or otherwise, or (if out of possession) does
or does not claim a right to do the act sought to be
restrained under any colour of title, and whether
the estates claimed by both or by either of the
parties are legal or equitable.

(2) In questions relating to the custody and education
of infants the rules of equity shall prevail.

Generally in all matters not hereinbefore parti-
cularly mentioned, in which there is any conflict
or variance between the rules of equity and the
rules of common law with reference to the same
matter, the rules of equity shall prevail.

( j )

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34 JUDICATURE (SUPREME COURT)

Sale of Lands under Decree
Sale of
lands
under
decree.

Interest on
judgment
debt, and
rate of.
251 1971
s. 2 (a).

Definition
of “judg-
ment”.

2511971
S. 2 (b).

Orders of
mandamus,
prohibition
and cer-
tiorari to be
substituted
for preroga-
tive writs of
mandamus.
prohibition
&d
certiorari.
56l1950
S . 2

50. On a decree for sale of lands an authenticated copy
of the order of conkmation of the sale thereof, under the
seal of the Court, and stamped with the ad valorem duty,
as on a conveyance, shall be sufficient to divest the estates
of all parties to the suit within the jurisdiction of the
Court, and bound by such decree, and to vest the same in
the purchaser, according to the terms and limitations to
be embodied in the said order of confirmation of sale.

Interest on Jirdgrnents in Supreme Court

51.-(13 Every judgment debt shall in the Supreme Court
carry interest at the rate of six per centum per annum or
such other rate per annum as the Minister may by order
from time to time prescribe in lieu thereof, from the time
of entering up the judgment, until the same shall be satis-
fied, and such interest may be levied under a writ of
execution on such judgment.

(2) In this section the expression “judgment” shall
include decree and order.

(3) Every order under subsection (1) shall be subject
to negative resolution of the House of Representatives.

Abolition of Prerogative Writs of Mandamus, Prohibition
and Certiorari

52 .41 ) The prerogative writs of mandamus, prohibition
and certiorari shall no longer be issued by the Supreme
Court or any Judge thereof.

(2) In any case where the Supreme Court would,
but for the provisions of subsection (l), have had jurisdic-
tion to order the issue of a writ of mandamus requiring
any act to be done, or a writ of prohibition prohibiting
any proceedings or matter, or a writ of certiorari removing
any proceedings or matter into the Supreme Court for any

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JUDICATURE (SUPREME COURT) 35

purpose, the Court may make an order requiring the act to
be done, or prohibiting or removing the proceedings or
matter, as the case may be.

(3) The said orders shall be called respectively an
order of mandamus, an order of prohibition and an order
of certiorari.

(4) No return shall be made to any such order and
no pleadings in prohibition shall be allowed, but the order
shall be final, subject to any right of appeal therefrom.

(5) In any enactment references to any writ of
mandamus, prohibition or certiorari shall be construed as
references to the corresponding order and references to the
issue or award of any such writ shall be construed as
references to the making of the corresponding order.

Ccuncil of Judges
53. A Council of the Judges of the Supreme Court shall Councilor

Judges to assemble once at least in every year, on a day or days to beheld
be fixed by the Chief Justice, for the purpose of considering ;?+:.
the operation of this Act, and of the Civil Procedure Code tions.
and of the law regulating criminal procedure, and of the (1953
rules of court for the time being in force, and also the
working of the several offices, and the arrangements relative
to the duties of the Officers of the said Courts respectively,
and of inquiring and examining into any defects which
may appear to exist in the system of procedure or the
administration of the law in the Supreme Court, or in any
Court from which appeal lies to it.

Cap. 177

Miscellaneous

under this Act, and all other expenses of carrying out this
Act, not otherwise provided for, shall be paid out of the
Consolidated Fund.

54. All salaries of Judges and Officers appointed by or Paymentsof
salaries and

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36 JUDICATURE (SUPREME COURT)

Fees

instmp3.

55. All fees receivable in the Supreme Court under this
Act, or under any rules made pursuant to this Act, shall
be payable in stamps, subject to the provisions of the Stamp
Duty Act, as fully as if they were specified in the Schedule
to the Stamp Duty Act.

payable

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