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(Assented to 19th February 1891.) BARBADOS.
An Act to consolidate the Acts relating to the
E it enacted by the Governor, Council, and Assembly of this Island and by the authority of the same as follows:
1. This Act may be cited as "The Assistant Court of Appeal Act, 1891."
2. This Act shall be divided into five parts as follows:
Part I -Constitution of the Court.
Divisions of Act.
Part I -CONSTITUTION OF COURT.
3. The Assistant Court of Appeal shall, Assistant Court of as at present, be constituted of three Jud- Appeal to consist ges, but for the purposes of adjournment, and as at present of for signing and issuing process, one Judge three Judges. shall constitute the Court.
4. It shall be lawful for the Governor from time to time on the death, resignation Judges or removal of either of the Judges to appoint some fit and proper person to be a Judge of the said Court; and such Judge shall hold his office during good behaviour, and shall receive an annual salary of four hundred and fifty pounds, to be paid him from the public treasury of the Island,
in monthly payments on the warrant of the Governor.
5. In case either of the said Judges shall be a party to, or shall be beneficially interested in any appeal to the said Assistant Court of Appeal, it shall be lawful for the Governor to appoint some fit and proper person to act in the place of such Judge in reference to such appeal; and the person so appointed shall have full power and au thority to issue all process in relation to such appeal, and to hear and determine the same in the same manner as the Judge so interested might, could, or ought to do in any other appeal.
6. It shall be lawful for the Governor to appoint a clerk to the said Assistant Court of Appeal, who shall regularly attend its sittings and shall keep a faithful record of the proceedings thereof, a copy of which he shall furnish to the Governor at the expiration of every three months, and the said clerk shall receive a salary at the rate of two hundred and fifty pounds per annum, to be paid him from the public treasury on the warrant of the Governor, in equal monthly payments.
Part II-ORIGINAL JURISDICTION.
7. The Assistant Court of Appeal besides tion in debt and its appellate jurisdiction, shall have original damages up to £50 jurisdiction in all actions of debt where
the sum claimed exceeds twenty pounds but does not exceed fifty pounds, whether on a balance of account or otherwise, and in all pleas of personal actions where the damage claimed exceeds ten pounds but does not
Appointment of an
in a cause.
Appointment and salary of clerk.
exceed fifty pounds; provided always that the said court shall not have cognizance of any action in which the validity of any devise, bequest or limitation under any will or settlement may be disputed, or for any malicious prosecution, or for ary libel or slander, or for criminal conversation, or for seduction or breach of promise of marriage; provided also that in any case in which a plaint is brought in the Assistant Court of Appeal sounding in damages and less than ten pounds be awarded, the party bringing the suit shall not be entitled to costs, unless the court unanimously certify that the case is one that it was proper to bring in the Assistant Court of Appeal.
Plaintiff not to
8. It shall not be lawful for any plaintiff to divide any cause of action for the purpose divide his cause of of bringing two or more suits in the As- action but may sistant Court of Appeal under this Act, but abandon any excess. any plaintiff having a cause of action for more than fifty pounds, whether on balance of account or otherwise, for which, (if it were not for more than fifty pounds), he might institute proceedings under this Act, may abandon the excess, and thereupon the plaintiff shall on proving his case recover to an amount not exceeding fifty pounds, and judgment of the said court in such case shall be in full discharge of all demands in respect of such cause of action, and entry of the judgment shall be made accordingly.
9. It shall be lawful for any executor or administrator to sue and be sued in the Assistant Court of Appeal in any case in which an original legal jurisdiction is by this Act conferred on the said court, in like manner as if he were a party in his own right, and judgment and execution shall be
Executor or administrator may sue or be sued.
Original jurisdiction in ejectment.
such as in the like case would be given or issued in any superior court.
10. The Assistant Court of Appeal shall have original jurisdiction to hear and determine all cases of ejectment where the value of the lands, tenements or hereditaments does not exceed fifty pounds, or where the rent payable in respect thereof does not exceed ten pounds by the year.
11. The Assistant Court of Appeal shall Court may exercise jurisdiction though have original jurisdiction to hear and detitle come in ques- termine any action in which the title to any corporeal or incorporeal hereditaments. shall come in question, where the value of the lands, tenements or hereditaments in dispute does not exceed the sum of fifty pounds, or where the rent payable in respect thereof does not exceed the sum of ten pounds by the year; or in case of an easement or license, where the value of the lands, tenements or hereditaments in respect of which easement or license is claimed, or on, through, over, or under which such easement or license is claimed, does not exceed fifty pounds, or where the reserved rent of such lands, tenements, or hereditaments as aforesaid does not exceed ten pounds by the year.
In what cases
12. When the term and interest of the Court may give pos- tenant of any house, land, or premises session of premises where the rent payable in respect thereon
shall not exceed one hundred pounds by the
ingly, the landlord may enter a plaint either against such tenant or against such person so neglecting or refusing in the Assistant Court of Appeal for the recovery of the same, and the said court upon hearing the said plaint and being satisfied that the term or interest of the said tenant had legally expired or been determined as aforesaid, that the rent did not exceed one hundred pounds and that the defendant had refused or neglected to deliver up possession of the said house, land, or premises, shall have power to issue a warrant under the hand of any one of the judges of the said court directed to any one or more writ officer or officers commanding them within a period to be therein named, not less than three nor more than ten clear days from the date of such warrant, to enter, (by force if need ful), into the premises and give possession of the same to such landlord or agent; provided always that entry upon any such warrant shall not be made on a Sunday, Good Friday, or Christmas Day, or on any public holiday made so by proclamation, or at any time, except between the hours of eight in the morning and five in the afternoon; and for the purposes of this section the word "landlord" shall mean the person entitled to the immediate reversion of the premises or if the property be held in joint tenancy, co-parcenary, or tenancy in common, shall be understood as signifying any one of the persons entitled to such revision.
Application to 13. The defendant or his landlord in any Chief Justice at plaint brought under either of the two pre- Chambers for plainceding sections or in any plaint in trespass tiff to shew cause why action should quare clausum fregit may within ten days not be brought in from the day of receiving the summons to the Common Pleas.