Supreme Court to proceed in a summary way, exceeding £20. in causes not Defendant, on trial, to have benefit of the ordinary forms of law or equity. When the fact may be doubt desire it, jury ful, or parties may be sworn to try the same. of the Court may take the confession of the debtor, and thereon; I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That from and after the publication hereof, the Justices of His Majesty's Supreme Court of Judicature shall be, and they are hereby empowered, in all actions of debt, case, trover, trespass or detinue (and all other actions wherein the title of Lands shall not be drawn in question), and which shall or may be brought before them, and wherein the sum or damages demanded shall not exceed twenty pounds, of lawful money of this Island, to proceed in a summary way, upon the appearance of both parties, or upon it being proved in open Court, upon oath, by one competent witness, that the defendant had been duly served with the usual process of the said Court; after which the said Court shall proceed to examine the merits of such causes by witnesses (wherein no dilatory plea shall be allowed), and to determine either for the plaintiff or defendant, according to law and equity, and to make up judgment accordingly. II. And be it further enacted, That the defendant or defendants in such actions shall, on the trial or hearing thereof, have the benefit of all matters in his, her or their defence, that he, she or they might have had, if he, she or they had been sued in the ordinary forms of common Law heretofore and now practised in the said Court, or in any court of equity in this Island; and the said Justices are hereby empowered and required so to do. III. Provided always, That when, on examination of the witnesses (which is hereby directed to be taken in writing), the matter of fact, from a consideration of the whole evidence, may appear doubtful; or when either of the parties shall desire it, and so elect, the said Court shall, in all such cases, thereupon order the Sheriff or his deputy immediately to summon a jury for the trial of such matter of fact, or, if it be found necessary, appoint a day for such trial: and judgment on the verdict shall or may be entered up and signed for the party in favour of whom the same shall have been given. IV. And be it further enacted, That any of the Justices Any one Justice of the said Court, either in term or vacation time, is or are hereby empowered, in all causes of action brought there, where the debt does not exceed twenty pounds, to take the volungrant execution tary confession of the debtor for the sum demanded by the creditor, as agreed between the debtor and creditor; and upon such confession so made by the debtor, and the specialty, contract or account on which the said debt arose, being left with the said Justice, and afterwards filed in the Clerk's office of the said Court, together with the whole proceedings, and a record made of the same, such Justice is hereby empowered to order execution thereon, according to such agreement as shall appear upon the said record to have been made between the parties for stay of execution-such creditor, or his or her attorney, agent or factor, prior to such execution being issued, making oath, that the debt is at the very time, bona fide due to him or her-which affidavit shall be, in like manner as aforesaid, filed and the whole of which said last mentioned proceedings, together with the proceedings which shall or may be had in the said summary actions, shall or may operate in the same manner, in every respect, as if the said actions had been tried as heretofore in the said Court-the said execution to be sued out against the body or goods of the defendant in the suit, at the option of the plaintiff, which, together with the proceedings or mesne process in such suit, the Sheriff or his deputy shall execute in like manner as writs heretofore issuing out of the said Supreme Court have or ought to have been executed, and shall be answerable in like manner, as in other cases he may have been heretofore answerable, for neglect of duty. Creditor or At- vit that the debt Execution to be against body or option of the plaintiff. goods, at the not to exceed V. And be it further enacted, That the whole costs on the Costs, on trial said actions so as aforesaid proceeded upon or tried in a sum- and recovery, mary way, shall not exceed one shilling and sixpence upon one shilling each pound so sued for and recovered: and on such confession and sixpence in and record of the same, as is hereinbefore mentioned, together the pound. On confession, with the said execution and the costs thereof, shall not exceed one shilling in one shilling in the pound: and the said costs so allowed and the pound; directed shall be exclusive of any charge or costs for or attendant on a jury impanelled for the purposes aforesaid; also, Jury, &c. the sheriff or his deputy, bailiff's, crier, court-keeper and jailer's fees. VI. And be it further enacted, That for the future, no action for any debt, except those hereinbefore particularly mentioned, where the whole cause of action does not exceed five pounds, shall be brought against any person or persons whatsoever in the said Court. exclusive of No action for less than £5 to be brought in Supreme Court. witnesses legally served with subpoena to attend and give evidence, or be subject to be proceeded against for contempt, and to VII. And be it further enacted, That all persons who shall or may be legally served with a ticket, by virtue of a writ of subpoena, to give evidence in any summary action, and shall, at the same time, have his, her or their reasonable charges tendered to him, her or them, shall be obliged to appear as therein commanded, and give his, her or their testimony, or in default thereof, be subject to be proceeded against in the said Supreme Court of Judicature, for his, her or their contempt for such neglect; as also to make good the damages that the injured party may have sustained in such action, for injured. want of the benefit of his, her, or their said testimony: and the costs attending such subpoena ticket and attendance, (the same to be ascertained and taxed by any one of the said Jus make good damages sus tained by party Punishment or perjury. tices,) shall be allowed over and above the several other costs herein before mentioned. VIII. And be it further enacted, That all persons who shall or may be examined on oath before the said Justices of the said Supreme Court, or any one of them, by virtue of this Act, and who shall commit wilful perjury, and be thereof duly convicted, shall be severally set in and upon the pillory, for the space of one hour, besides having his, her or their ears nailed thereto. In actions sued upon book accounts, defend count with the ant may file ac Clerk of the before the sit- be served with a copy. Both accounts to be inquired into by the same jury. CAP. XIV. An Act to prevent the multiplicity of Law suits.* BE it enacted, by the Lieutenant Governor, Council and Assembly, That in all Actions, sued on Book accounts, the defendants therein may file their respective accounts against the plaintiffs with the Clerk of His Majesty's Supreme Court of Judicature, or the Clerk of any other Court of Record that now is or which shall or may hereafter be established in this Island, wherein such actions now are or hereafter shall or may be depending: provided the same be filed, and an atPlaintiff also to tested copy thereof be served on the plaintiff or his attorney, at least seven days before the first day of the respective terms of the said Courts: and the said Courts are hereby respectively empowered to proceed, on issue joined, to inquire into the merits of both accounts, before one and the same jury, and on the verdict of the jury, to award costs as they shall find, whether for the plaintiffs or defendants: and where the action shall be commenced on any bond, bill, note, or agreement in writing, the defendant may in like manner file his receipt or discharge for part or the whole, according as he hath made payment; provided such receipt or discharge be in writing, above directed. and signed by the plaintiff or his attorney lawfully empowered to receive the same: and the said several Courts are hereby empowered to proceed to examine into the merits of the same, in like manner as in book accounts between plaintiffs and defendants, and equitably to reduce all such bonds, notes, bills, and writings obligatory, to the just debt, with interest, damages and costs, according to the nature of such writing, deed, or instruments: and the jury are hereby empowered to give their verdict accordingly. Actions commenced on bonds, &c., receipts may be filed and proceeded on, as See 31 G.3, c. 1. * On this subject, see also 1 W. 4, c. 13. CAP. XV. G. 3, c. 2, and 7 W. 4, c. 2. An Act to empower the Governor, Lieutenant Governor, or Amended by 48 Commander-in-Chief for the time being, to appoint a Sheriff or Sheriffs for this Island; also to regulate the office of Sheriffs, and the manner in which they shall return and pass their accounts of all fines and forfeitures levied by them, for the use of the Crown. Repealed by 18 CAP. XVI. An Act for granting the sum of Three hundred and sixty-five Expired. |