Ordinances, with orders in council, rules, and regulations.

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Material Information

Title:
Ordinances, with orders in council, rules, and regulations.
Uniform Title:
Saint Lucia. Ordinances
Physical Description:
1902- ; 33 cm.
Language:
English
Creator:
Saint Lucia
Publisher:
G. P. O.
Place of Publication:
Castries
Publication Date:

Subjects

Subjects / Keywords:
Law -- Saint Lucia   ( lcsh )
Genre:
serial   ( sobekcm )
Spatial Coverage:
Caribbean

Notes

Funding:
Support for the development of the technical infrastructure and partner training provided by the United States Department of Education TICFIA program.

Record Information

Source Institution:
FIU: College of Law
Holding Location:
FIU: College of Law
Rights Management:
All rights reserved by the source institution.
Resource Identifier:
oclc - 18446808
System ID:
AA00000353:00030

Full Text

; '4.


159


No. 81.] Boyal Co I OrdiLqan, 188, Amend-
1ient Ordinance, 1915.


[1915.


I assent.
G. B. HAnDDO-SmrITi,
Governor.
28inl December, 1915.



No. 31 of 1915.


SAINT tUCIA.


AN ORDINANCE to attend the Royal Court Ordinance, 1888.

[ 29th December, 1915. ]

B E it enacted by the Governor, with the advice and consent
Sof the Legislative Council of Saint Lucia, as follows:-


b:
i i
.
-,










160

NI. 31.] Boyal Court Ordinance, 1888, Admend-
ment Ordinance, 19 Ig.


Short title.


Original Civil Juris-
diction.


Appellate Jurisdio.
tion.


Admiralty Juriadic.
tion.





Practice and Prooe.
dure.


Appeals.




Sitting in Civil and
Appellate Jurisdic.
tion.


Sittings in Admiral-
ty Jurisdiction.

Adjournedor special
sittings.


1. This Ordinance may be cited as the Royal Court Ordin-
ance, 1888, Amendment Ordinance, 1915, and shall be read and
construed as one with the Royal Court Ordinance, 1888, herein-
after called the principal Ordinance.

2. Sections 2, 6, 8, 11-14, 16, 19-22, 26, 30, 31, 33, 39, 45,
and 52-55 of the principal Ordinance are hereby repealed, and
the following sections are substituted therefor:--
(1) The Court shall have and exercise an original juris-
diction in all civil causes and matters whatsoever within
this Colony, save and except such matters as are exclusively
assigned to the District Courts.
(2) The Court shall have and exercise jurisdiction in
respect of appeals from the judgments or orders of the
District Courts in the exercise of their civil, criminal, or
statutory jurisdiction.
(3) The Court shall have and exercise Admiralty Jurisdic-
tion within the meaning and intent of the Colonial Courts
of Admiralty Act, 1890, or any statutory modification
thereof, and may, for the purposes of that jurisdiction
exercise all the powers which it possesses for the purposes of
its original civil jurisdiction.
(4) The practice and procedure of the Court in the exer-
cise of its several jurisdictions shall be regulated by the
Code of Civil Procedure, the Admiralty Rules, and Rules of
Criminal Piocedure.
(5) The manner in which, the time within which, and
the limitations subject to which, appeals shall be made
from any final judgment or order of the Court or Judge
are set forth and determined in the statutory provisions and
rules of procedure relating to appeals.
(6) The Court shall sit in the exercise of its original
civil and appellate jurisdictions on the first Tuesday in
every month, except the months of August and September,
when the Court is in vacation.
(7) The Court shall sit in the exercise of its Admiralty
jurisdiction on such day or days as shall be appointed by
the Judge, whenever there are causes pending.
(8) The Judge or, in his absence, the Registrar may
adjourn the Court from day to day, or to any subsequent
day in the same month, and at any sitting held by virtue of


[1915.










161


No. 31.] oyal Court Ordinance, 1888, Amend-
ment Ordinance, 1915.


[1915.


S-"such adjournment, or any special sitting fixed by order of
Sthe Court or Judge, all causes which may then be ready for
hearing shall be thereupon determined.
(9) The Judge shall attend-in Chambers on such day or Ohamber Days.
days in every week as may be necessary for disposing of the
applications to be made therein. Notice of such attendance
shall be posted in some conspicuous place in the Court
House, and in the office of the Registrar.
(10) Subject to any contrary provision of law, every order Validity of orders in
made by the Judge in Chambers shall be as valid as if Chambers.
pronounced in open Court, and the Judge may transfer any
cause or matter from Court into Chambers or from Chambers
into Court as he may think fit.
(11) (a) Whenever the Chief Justice is unable to perform Provisions for dis-
his duties by reason of absence, illness, or any other cause, OChie Jtice iof
so much of his work in Chambers as cannot be dealt with certain cases.
by the Registrar shall be performed by the Magistrate for
the First District, unless the Governor, by writing under
his hand, appoints some person to act as and instead of the
Chief Justice;
(b) In any such case of inability, or if the Chief Justice
is personally interested or a necessary witness in any cause
or matter, the Governor may, by writing under his hand,
appoint some duly qualified person to act as and instead of
the Chief Justice, during such period, or for the trial or
hearing of such cause or matter, or otherwise, as the
appointment shall prescribe;
(c) The person so acting as and instead of the Chief
Justice shall, for the purposes and within the limits of his
appointment or statutory power, as the case may be, have
all the powers of the Chief Justice, and all acts done by him
shall be as valid as if done by the Chief Justice, whether in
Court or in Chambers.
(12) Subject to the terms of his appointment, the Duties of Registrar.
Registrar of the Royal Court shall be Registrar of Deeds
and Mortgages, Sheriff, and Administrator-General.
(13) (a) When the Registrar is temporarily absent from Provision for dis-
the performance of his duties, or when he is personally chegie of duties co
interested in any cause or matter, it shall be lawful for the cases.
Chief Clerk, or any Clerk appointed by the Chief Justice
for the purpose, to perform such duties as his deputy;
(b) The Chief Clerk or other deputy shall, in any such
case, have and exercise all the functions and authorities of











H12


No. 81.] oyal Court Ordinance, 188l., Amend-
ment Ordinance, 1915.


Appeal..





Discretionary
powers.

Service or exeou-
tion.


Tariffs of fees and
costB.






Amended Sections.








Repeal Schedules.


the Registrar, and jal acts done hy him shal be as valid as
if done by the Registrar in anj of his, capacities.
(14) Any person who is aggrieved by any decision of the
Registrar, or who complains that he has been deprived
of any right, title, or priority by, any act or default of the
Registrar. may appeal to the Judge in Chambers in a
summary manner, and the Judge shall make such order
therein as the justice of the case may require.
(15) The Registrar in any of his capacities, shall have a
discretionary power in respect of formalities, where no
specific provision is made by law in respect thereof.
(16) Any, service or execution by the Sheriff may be
made by a Sheriff's officer, bailiff of a District Court, Police
or Rural Constable, or other person appointed by the
Sheriff for the purpose.
(17) The Chief Justice may, with the approval of the
Governor, make tariffs of fees payable to the officers of the
Court, including counsel, solicitors, examiners, and inter-
preters, and may settle the fees and costs payable in actions
and other proceedings before the Court, and may fix a scale
of remuneration for witnesses, and may prescribe that in
criminal cases such remuneration be paid by the Treasurer."

3. (1) In section 41 of the principal Ordinance, the words
from 'shall' to 'and' in the 10th and 11th lines thereof shall
be omitted.
(2) In section 43 thereof, subsections (2), (3) and (4) shall
be omitted
(3) In section 46 thereof, after the word' Constable,' whenever
it occurs, shall be added the words 'or other duly authorised
person.'

4. The Fifth Schedule to the principal Ordinance, and items
17 and 18 of the Fourth Schedule thereto are hereby repealed,
and the following substituted therefor:-
"17. On the gross proceeds of sale of any moveable property
and upon all mdneys levied or paid or returned into
Court under an execution or which is to be distributed
otherwise than as the proceeds of sale of any immove-
able ...... ... 24 per cent.
18. On the gross proceed of sale of any immoveable-- -
Up to 500 ... .. ... ... 5 per cent.
Over 500 up to 1,000 ... ..... t per cent.
,, 1,nI ,, 2,000 ......... 3 per cent.
,, 2 ... ... ...... 2j) fi cent


. [1915.










163


No. 31.] Royal Court Ordinance, 1888, Amend- [1915.
meant Ordinance, 1915.



Where, however, a resale takes place for non-payment of the whole or of
any portion of the purchase money required to be paid in cash by the
conditions of sale, of a prior sale, or resale, the percentage shall only
be charged once, but it shall be calculated on the amount of the
proceeds of the abortive sale, or resale, or of the actual sale, or resale,
whichever amount is higher.
No stamp duty shall be payable on the price of any adjudication, or on any
conveyance, by the Sheriff."




Passed the Legislative Council this 14th day of December, 1915.

B. P. E. BULSTRODE,
Clerk of Councils.


1915-1454.



PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
CASTRIES, ST. LUCIA.