Judicature (Supreme Court) Additional Powers of Registrar Act

Link to law: http://www.moj.gov.jm/laws/judicature-supreme-court-additional-powers-registrar-act
Published: 1948-02-13

IUDICATURE (SUPREME COURT) ADDITIONAL
POWERS OF REGISTRAR

THE JUDICATURE (SUPREME COURT)
ADDITIONAL POWERS OF REGISTRAR

ACT

1

Cap. 181.
L s W

15 of 1962
s 35.

[i3ih February, 1948.1

1. This Act may be cited as the Judicature (Supreme shofi tillc.
Court) Additional Powers of Registrar Act.

h1eIprc-
iation.

2. In th is Act-
“this Act” includes any order made under this Act;
“Chief Justice” means the Chief Justice of Jamaica;
“the Court” means the Supreme Court;
“Judge” means a Judge of the Supreme Court;
“Registrar” means the Registrar of the Supreme Court.

3 .41 ) The Chief Justice may by order published m the P ~ W ~ ~ I O
Gazette e m p e r the Registrar to exercise, as from such conferring
date as shall be specified in such order, jurisdiction in i‘;zi!n
relation to all of the matters specified in the Schedule or in gg;;dulc,
relation to such of such matters as may be specified in such
order.

(2) The Chief Justice may by order amend or revoke
any order made under subsection (I), and any such amend-
ing or revoking order shall spec* the date m which it
shall take effect.

(3) Where under any amending or revoking order
made d e r subsection (2) the Registrar ceases ti, have
jurisdiction in relation to any matter, then, in relation to

make order

indusion d tlia is auihmieod by L.N. 480/1973]

2

Powers of
Registrar
exercising
jurisdiction
under this
Act, etc.

Power of
Registrar to
refer matter
to Judge.

J UDICA TURE (SUPREME COURT) ADDITIONAL
POWERS OF REGISTRAR

any such matter pending before the Registrar on the date
specified in such amending or reLoking order, the following
provisions shall have eflect, that is to say-

(0) where the matter has not as yet been heard by the
Registrar, then such matter shall be deemed to be
pending before a Judge;

(b) where the matter has been part heard by the
Registrar, then the Registrar shall continue to
have and exercise jurisdiction in relation to such
matter and may make an order thereon as if such
amending ur revoking order had not been made,
but thereafter the Registrar shall cease to have
and exercise jurisdiction in relation thereto.

4.-(1) Where under this Act the Registrar has juris-
diction in relation to any matter, then, subject to this Act,
the Registrar shall have and may exercise in relation to
the matter all the powers of the 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
the Registrar shall, subject to this Act, have the same effect
as if it had been made by the Court or a Judge.

(2) Where under t h i s Act the Registrar exercises
jurisdiction in relation to any matter, then-

(a) in relation to such matter, the Registrar shall hake
all the rights, powers, immunities and privileges
of a Judge;

(b ) any party to the proceedings may, if he so desires,
appear by counsel or solicitor.

5.-(l) Where under this Act the Registrar is empowered
to exercise jurisdiction in relation to any matter but, on
such matter coming before him, he considers that it is
desirable by reason either of the nature of the matter, or of

mhe indus>on of this page is authorued by LN. 480l19731

JUDICATURE (SUPREME COURT) ADDITIONAL
POWERS OF REGISTRAR

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the importance of the principles involved, or of the diffi-
culty of the legal problems connected therewith, or for any
other reason, whether similar to the foregoing or not, so to
do, he may refer the matter to a Judge.

(2) Where under subsection (1) the Registrar refers
any matter to a Judge, the Judge to whom the matter is so
referred may either-

(a) dispose of the matter as if it had been pending
before him originally; or

(b) refer the matter back to the Registrar with such
directions as he may think fit.

(3) Where a Judge refers any matter back to the
Registrar with directions under subsection (2), the Registrar
shall forthwith take all necessary steps to comply with and
give effect to such directions and for such purpose shall
have and may exercise all the powers of the Judge.

6 4 1 ) Subject to the provisions of section 13 of the A P W ~ .
Judicature (Supreme Court) Act, an appeal shall lie from
any order or decision of the Registrar made in the exercise
of any jurisdiction conferred upon him under this Act to
a Judge in Chambers.

notwithstanding the provisions of section 73 of the Bank-
ruptcy Act, or of any other enactment; and an appeal shall
lie from any order or decision of the Judge in Chambers
made on an appeal under subsection (1) in the same manner
and subject to the same conditions as if such order or
decision had been made on a matter which had come before
him originally.

(3) Any appeal under subsection (1) to a Judge in
Chambers shall be made in such time and in such form and
subject to such conditions as may be provided by rules of
Court.

(2) The provisions of subsection (1) shall have effect WI%Z
s. 35.

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

4 JUDICA TURE (SUPREME COURT) A DDITJONA L
POWERS OF REGISTRAR

(4) No appeal from an order or decision of the
Registrar under this section shall operate as a stay of
proceedings unless the Registrar or a Judge so orders.

special 7.41) Where under this Act the Registrar has juris-
provisiOna relating to diction in relation to any matter in bankruptcy and under
ex-seby Registrar lhe Bankruptcy Act or any rules relating to proceedings
ofiurisdi* in bankruptcy, the proceedings in such matter are required
bankruptcy. to be or may be held in open Court, then the Registrar shall

have power to sit in open Court for the purpose of
exercising jurisdiction in relation to such matter.

tion in

(2) Where under this Act the Registrar exercises
jurisdiction in relation to any matter in bankruptcy, then
section 54 and subsection (1) of section 72 of the Bank-
ruptcy Act shall have effect as if in such subsection (1) of
section 72-

(U) there were inserted after the words “or otherwise
incapacitated” the words “or unless such examin-
ation was held before the Registrar and the
application for the order of discharge is opposed”;
and

(b) the word “Judge”, on the last three occasions on
which that word appears in the subsection,
included a reference to the Registrar.

Savings. 8. Nothing in this Act shdl be construed as depriving
the Court or a Judge of any jurisdiction, right, power,
privilege or immunity in relation to any matter in respect
of which the Registrar is empowered under this Act to
exercise jurisdiction, and the Court of a Judge may, in
relation to any such matter, have and exercise jurisdiction
as if this Act had not been enacted.

rraC incluhioo of tbi ragc is autbmizd by LN. 480129731

JUDICATURE (SUPREME COURT) ADDITIONAL
POWERS OF REGISTRAR

9. The Minister may by order published in the Gazette powerto
amend the Schedule by adding to, dtering, or removing g%$e.
therefrom, the duties and powers contained in the said
Schedule.

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inclusion of thin page is authorized by L.N. 460/1973]

6 JUDICATURE (SUPREME COURT) ADDlTfONAL
POWERS OF REGISTRAR

SCHEDULE
L.N. 1. (a) Applications under section 30 of the Judicature (Civil
941 1960. Procedure Code) Law for leave to renew the writ of
Cap. 177. summons.
Omitted] (b) Applications under section 41 of the Judicature (Civil Pro-

cedure Code) Law for leave to serve the writ of summons
[I953 Edtn.

on an agent authorized to bring action on behalf of the
defendant outside the jurisdiction.

(c) Applications under section 42 of the Judicature (Civil
Procedure Code) Law for leave to serve a writ on a servant
or agent in Jamaica of a defendant outside the jurisdiction.

(d) Applicdtions under section 44 of the Judicature (Civil
Procedure Code) Law for an order for substituted or other
service or for the substitution of notice for service where the
defendant is within the jurisdiction.

(e) Applications under sections 45. 46, 47, 48 and 51 of the
Judicature (Civil Procedure Code) Law for leave to m e out
of the jurisdiction.

(f) Applications under section 68 of the Judicature (Civil
Procedure Code) Law for an order that a guardian be
assigned to a defendant.

(g) Applications under section 87 of the Judicature (Civil
Procedure Code) Law for an order for an account.

(h) Applications under sections 126, 1 2 6 ~ and 127 of the
Judicature (Civil Procedure Code) Law for leave to issue and
serve a thud party notice.

(13 Applications under sections 130 and 1 3 2 ~ of the Judicature
(Civil Procedure Code) Law by a third party.

(j) Applications under scftions 145 and 147 of the Judicature
(Civil Procedure Code) Law for an order where such appli-
cation is made consequent upon the death of any party to a
cause or matter.

( k ) Applications under section 247. 248 or 249 of the Judi-
cature (Civil Procedure Code) Law to assess damages or the
value of goods where

(23 interlocutory judgment has been entered and the
Court or Judge has directed that such damages or the
value of goods shall be assessed by the Registrar; and

(ii) there is only one defendant, or if there is more than
one defendant, interlocutory judgment has been entered
against all the defendants.

(1) Applications under section 259 or 264 of the Judicature
(Civil Procedure Code) Law for leave to amend before trial.
me inclusion of this m is authorkd by L.N. 480119731

IUDICATURE (SUPREME COURT) ADDITIONAL
POWERS OF REGISTRAR

(m) Applications for directions under section 272 of the Judi-
cature (Civil Procedure W e ) Law other than applications
under section 272t3) by the defendant for an order to dis-
miss the action.

(n) Applications under section 610 of the Judicature (Civil
Prooadurz Code) Law for leave to issue a summons.

(0) Examination of a judgment debtor under section 612 of the
Judiiature (Civil Procedure Code) Law.

@) Applications under section 621 of the Judicature (Civil
Procedure Code) Law for the issue of a writ for the sale of
land of a judgment debtor.

(4) The making of orders for payment of money into and out of
Court.

(rl Applications €or leave to He inventories and accounts out of
time.

(s) Applications for leave to enter orders on conditional
appearances.

(I) Orders entered by and with the consent of the parties.

2. Applications for the grant of probate or of letters of administra-
tion. or for the re-sealing of a grant of probate or of letters of
administration, where such applications are not opposed and
including the direction regarding the advertisement of the
application for re-sealing as provided in the Rules made under
the Probates (Re-Sealing) Act.

3. (a) Applications under rule 16 of the Matrimonial Clauses Rules. LSJ.
1989. for leave to substitute for personal service some other W 8 9 .
mode of service, or to substitute notia for service, in a
matrimonial cause.

( b ) Applications under rule 21 or 27 of the Matrimonial Causes
Rules. 1989, for leave to enter an appearance. or to file any
pleading. out of time in a matrimonial cause.

{ c ) Applications under rule 23 or 26 of the Matrimonial Causes
Rules, 1989, for leave to amend a petition, summons, pleading
or other document in a matrimouial cause.

(d) Applications under rule 30 of the Matrimonial Causes Rules,
1989, for the appointment of medical inspectors in a matri-
monial cause.

(i) Applications under the Matrimonial Causes Rules, 1989, for
leave to file supplemental or further affidavits in support of
any petition or answer in a matrimonial cause.

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T h e inclusion of hhis page i s authorized by L.N. 50119901

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8 JUDlCATURE (SUPREME COURT) ADDlTlONAL
POWERS OF REGISTRAR

(f, Applications under rule 34 o! the Matrimonial Csusas Ruleg.
1989, for an order that the hearing or trial take placc at one
of the Country Clrcuits III cases in which the parties appear
in penon.

(g) Applications under rule 38 of the Matrimonial Cawes Rules.
1989. for leave to proceed with application for decree absolute
out of time.

(h) Applications under rule 31 of the Matrimonial Causes Rules.
1989. for leave to prove a marriage by a d a v i t or to give
evidence by affidavit.

[fi Applications under rule 43 of the Maaimonial causes Rules.
1989, for maintenance pending suit.

li, Applications under rule 44 of the Matrimonial Causes Rules.
1989. for maintenance of children.

( k ) Applications under rule 45 of the Matrimonial Causes Rules.
1989, for maintenance.

(0 Applications to dismiss petitions in proceedings for divorce.

4.(aa) Applications under section 22 of the Bankruptq Act for an
order absolute on a petition by a debtor against himself.

(a) Applications under section 34 of the Bankruptcy Act for a
provisional order.

(c) Applications under section 54 of the m p t c y Act to
coniirm a deed of arrangement where the application is not

(d) The public examination of a debtor under section 66 of the
Bankruptcy Act.

(c) Applications under section 72 of the Bankruptcy Act for
an order of discharge where the application is not opposed.

0 Ex porte applications under the Bankruptcy Act.
(s) The making of orders under section 37 of the Bankruptcy

Act for a debtor to file his statement of affairs.
(h) Thc m d h g of absolute orders for tank~ptcy under sections

38 and 51 of the Bankruptcy Act.

O P M .

me inclusion of this page ia authorized by L.N. 50/19901
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