Page images
PDF
EPUB

19

APPARITOR'S OR MARSHAL'S FEES.

For serving every Citation in Town
For serving every Decree or Citation whatso-
ever, in the Country, two pence per mile for
travelling expenses, reckoning from the Court
to the place of service, and back again.
For every Sentence

If his attendance for the same be more than
one day, per day

APPRAISER'S FEES.

To be paid, when employed, at the rate of four
shillings and sixpence per day, but not to be
obliged to meet on any business, under one
shilling each.

Travelling expenses, three pence per mile, to
to be computed from the place of their resi-
dence to where they are employed, and back
again.

[blocks in formation]

01 C

011

01

[graphic]
[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

Particular officers to hang up

a list of their fees.

II. And be it further enacted, That each and every of the Officers, Clerks, and other persons before mentioned, as also in their offices all others acting by or under him or them, who from the nature of their respective appointments, do keep, or ought to keep, a public Office for the purpose of executing their several trusts, shall cause to be posted up in some conspicuous part thereof, a list drawn out in words at full length, of the several Fees appertaining to his or their office or offices, there to remain and to be resorted to by all persons interested therein, or who shall or may be desirous to inspect the same.

Particular

officers, if re

an account of

their charges to the person applying;

III. And be it further enacted, That all and every the Officers, Clerks, and persons before mentioned, and others quired, to give acting by or under him or them, except His Excellency the Governor, or other Commander-in-Chief, who shall or may in any manner enjoy any of the aforesaid offices or trusts, are hereby required, upon application made therefor, to give to the person so applying, as soon as the same may be conveniently done, an account of such fee or fees as shall or may be charged for the aforesaid respective services; the said account to be in words at full length, and signed by such Officer, Clerk, or other person, or by the person or persons employed by or under him or them, if the same shall be demanded by the person so applying.

or forfeit five pounds.

IV. And be it further enacted, That all and every the said Officers, Clerks, or other persons, and all persons acting by or under him or them, who shall refuse to give and deliver to the person applying therefor, such account as is hereinbefore directed, shall, for each and every offence, forfeit and pay to the party aggrieved, the sum of five pounds.

V. And be it further enacted, That if any Officer, Clerk, or other person whatsoever, or any person or persons employed

fined.

by or under him or them respectively, shall charge, demand, Officers deor take any otheror greater fee or fees than is herein before manding larger mentioned and allowed, he or they so offending, shall, for each fees than herein limited, to be and every such offence, forfeit and pay to the party or parties from whom he or they shall have so charged, demanded, or received the same, the sum of Five Pounds, over and above the amount of the fees which shall have been so as aforesaid illegally charged, demanded or taken.

VI. And be it further enacted, by the authority aforesaid, Penalty for That each and every the person or persons before mentioned, offences against who shall offend against this Act, or any part thereof, shall, for this Act. each and every such offence, forfeit and pay to the party there

by aggrieved, the sum of five pounds-to be recovered, with Mode of recotreble costs of suit, in His Majesty's Supreme Court of Judi- very. cature, where no essoin, protection or wager of law, nor more than one imparlance shall be allowed. Provided nevertheless, such action or suit shall be commenced within six months next of Actions. from the time when such offence shall or may have been committed.

So much of the above Act as relates to Fees to be taken in the Court of Chancery, being repealed by 12 Vic. cap. 14, and so much thereof as relates to Fees to be taken by the Provincial and Private Secretaries, being repealed by 15 Vic. cap. 20, are not inserted in this edition.

Limitation

CAP. II.

Repealed by

An Act in addition to and amendment of an Act made and passed in the thirteenth year of his present Majesty's Reign, 2 W. 4, c. Ỉ. intituled "An Act for the more easy and speedy Recovery of Small Debts.'

CAP. III.

An Act to prevent Trespasses upon Crown Lands.

CAP. IV.

Repealed by

12 Vic. c. 16.

3, c. 2.

An Act to confirm and make valid in Law all manner of Pro-
cess and Proceedings in His Majesty's Supreme Court of See also 13 G.
Judicature of this Island, from the twenty-fifth day of July
in the year of our Lord one thousand seven hundred and
seventy-five, to this present session of Assembly.

HEREAS the said Supreme Court of Judicature has,
from time to time, agreeable to and by virtue of an Act

18 G. 3, c. 3.

All Writs, Pleas &c. saved and

held good and effectual in law.

Not to extend to take away errors in law, arising from misusing of process, &c.

made and passed in the thirteenth year of His present Majesty's Reign, intituled An Act for establishing the times and places of holding the Supreme Court of Judicature, sat and adjourned for the purposes therein mentioned: And whereas the said Court, on the said twenty-fifth day of July, was continued from that time, by adjournment, to the third Tuesday in February, then next following, as prescribed by the said herein before recited Act: And whereas, in the month of November last, the capital of this Island was invaded by two Provincial Privateers, who, among other wanton depredations, made prisoners of, and carried away the then and present Commander-in-Chief, the Surveyor General of the Island, and most of the effects belonging to the former; as also several of the public, as well as his private papers, together with many of the Records of the said Supreme Court of Judicature, the Public Seal of this Island, His Majesty's Commission, and divers other necessary and valuable papers and effects belonging to this Colony,-by reason whereof, and more especially as, at or about that time, a Chief Justice appointed by His Majesty to this Island, arrived therein, who, on account of the distracted state of it, occasioned as aforesaid, could not procure His Commission, as directed by His Majesty's Royal order; by means of which unfortunate events, the said Supreme Court of Judicature did not sit on the said Third Tuesday in February, for the dispatch of the business thereof, agreeable to the adjournment, as prescribed in and by the said herein before recited Act: And whereas, notwithstanding there have been many and various proceedings had in said Court; and in order to expedite justice, the said Court, agreeable to said Act, did sit on the last Tuesday (being the twenty-fifth day) of June last, and proceeded upon such business as was then ready, and adjourn to the third Tuesday in February next, according to the requisition of said Act: And whereas doubts have since arisen as to the legality of such proceedings, on account of the said Court not having been continued over from last February: Be it therefore enacted, by the Commander-in-Chief, Council and Assembly, That all Writs, Pleas, Process, Actions, Bills, Suits, Indictments, Informations, Judgments, Orders and Sentences, given or awarded of and concerning any matter or thing whatsoever, which was sued or prosecuted to judgment or otherwise, in the said Supreme Court of Judicature, at any time or times from and after the said twenty-fifth day of July, to the end of this present session of Assembly, and the present adjournment of said Court, shall be deemed, construed, and taken to be good and effectual in the Law, to all intents and purposes whatsoever: Provided always, that nothing herein contained shall extend, or be construed to extend, to take away such errors in Law as shall or may have arisen upon the misusing of process, mis

pleadings, and erroneous rendering of Judgments in the said Supreme Court; but that in all such cases the parties aggrieved Parties agmay have their Writ of Error upon such erroneous Judg- have writ of grieved may ments, any thing herein contained to the contrary in anywise error. notwithstanding.

CAP. V.

An Act in addition to and amendment of two Acts made and Repealed by 21 passed in the thirteenth and fourteenth years of His present G. 3, c. 5. Majesty's Reign, severally entitled "An Act empowering 13 G. 3, c. 9. His Excellency the Governor, or other Commander-in-Chief 14 G. 3, c. 4. for the time being, to direct the making of public Roads, and to appoint persons to carry the same into execution.

CAP. VI.

An Act for continuing sundry Laws that are near expiring. Expired.

« PreviousContinue »