Sub-Title F - Civil Procedure

• Author: Ralph Hone
• Pages: #3

84 *civil Procedure

CHAPTER 84.

CIVIL PROCEDURE.

ARRANGEMENT OF SECTIONS.

SECTION.

SHORT TITLE.

2. EXECvUTORS MAY BRING ACTIONS FOR INJURIES TO THE REAL ESTATES OF THE DECEASED.

3. LIMITATION OF ACTION OF DEBT ON SPECIALTIES, ETC.

4. REMEDY FOR INFATS, FEMES COVERT, ETC.

5. PROVISO IN CASE OF ACKNOWLEDGMENT IN WRITING, OR BY PART PAYMENT.

14. ACTION OF DEBT ON SIMPLE CONTRACT.

28. JURY EMPOWERED TO ALLOW INTEREST UPON DEBTS.

29. IN CERTAIN ACTIONS THE JURY MAY GIVE DAMAGES IN THE NATURE OF INTEREST.

37. EXECUTORS OF LESSOR MAY DISTRAIN FOR ARREARS IN His LIFETIME.

38. ARREARS MAY BE DISTRAINED FOR WITHIN SIX MONTHS AFTER DETERMINATION OF TERM.

    * * * * *

    CHAPTER 84.

    CIVIL PROCEDURE.

    AN ACT FOR THE FURTHER AMENDMENT OF THE LAW, AND THE BETTER ADVANCEMENT OF JUSTICE.

    [14th August 1833.] [This Act may be cited as The Civil Procedure Act.] [The following provisions of this (Imperial) Act shall be in force within these Islands: Provided that no person being withini any part of the Bahama Islands shall be deemed or taken to be beyond the seas for any purpose mentioned herein. (3 Victoria, c. 33.)] 2. And whereas there is no Remedy provided by Law for Injuries to the Real Estate of any Person deceased, committed in his Lifetime, nor for certain Wrongs done by a Person deceased in his Lifetime to another in respect of his Property, Real or Personal;

    for Remedy thereof be it enacted, That an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained by the Executors or Administrators of any Person deceased for any Injury to the Real Estate of such Person committed in his Lifetime, for which an Action might have been maintained by such Person, so as such Injury shall have been committed within Six Calendar Months before the Death of such deceased Person, and provided such Action shall be brought within One Year after the Death of such Person; and the Damages, when recovered, shall be Part of the Personal Estate of such Person; and further, that an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained against the Executors or Administrators of any Person deceased for any Wrong committed by him in his Lifetime to another in respect of his Property, Real or Personal, so as such Injury shall have been committed within Six Calendar 3 & 4 Will. 4 c. 42 extended by 33 of 1840.

    Short title.

    Executors may bring Actions for Injuries to the Real Estates of the Deceased.

    and Actions may be brought against Executors for an Injury to Property, Real or Personal, by their Testator.

    Limitation of Action of Debt on Specialities, &c.

    Remedy for Infants, Femes Covert, &c.

    Months before such Person's Death, and so as such Action shall be brought within Six Calendar Months after such Executors or Administrators shall have taken upon themselves the Administration of the Estate and Effects of such Person; and the Damages to be recovered in such Action shall be payable in like Order of Administration as the Simple Contract Debts of such Person.

3. And all Actions of Debt for Rent upon an Indenture of Demise, all Actions of Covenant or Debt upon any Bond or other Specialty, and all Actions of Debt or Scire facias upon any Recognizance, and also all Actions of Debt upon any Award where the Submission is not by Specialty, or for any Fine due in respect of any Copyhold Estates, or for an Escape, or for Money levied on any Fieri facias, and all Actions for Penalties, Damages, or Sums of Money given to the Party grieved, by any Statute now or hereafter to be in force, that shall be sued or brought at any Time after the End of the present Session of Parliament, shall be commenced and sued within the Time and Limitation hereinafter expressed, and not after; that is to say, the said Actions of Debt for Rent upon an Indenture of Demise, or Covenant or Debt upon any Bond or other Specialty, Actions of Debt or Scire facias upon Recognizance, within Ten Years after the End of this present Session, or within Twenty Years after the Cause of such Actions or Suits, but not after; the said Actions by the Party grieved, One year after the End of this present Session, or within Two Years after the Cause of such Actions or Suits, but not after; and the said other Actions within Three Years after the End of this present Session, or within Six years after the Cause of such Actions or Suits, but not after:

   Provided that nothing herein contained shall extend to any Action given by any Statute where the Time for bringing such Action is or shall be by any Statute specially limited.

4. If any Person or Persons that is or are or shall be entitled to any such Action or Suit, or to such Scire facias, is or are or shall be, at the Time of any such Cause of Action accrued, within the Age of Twenty-one Years, Feme Covert, Non compos mentis, or beyond the Seas, then such Person or Persons shall be at liberty to bring the same Actions, so as they commence the same within such Times after their coming to or being of full Age, discovert, of sound Memory, or returned from beyond the Seas, as other Persons having no such Impediment should, according to the Provisions of this Act, have done; and that if any Person or Persons against whom there shall be any such Cause of Action is or are, or shall be at the Time such Cause of Action accrued, beyond the Seas, then the Person or Persons entitled to any such Cause of Action shall be at liberty to bring the same against such Person or Persons within such Times as are before limited after the Return of such Person or Persons from beyond the Seas.

5. Provided always, That if any Acknowledgement shall have been made, either by Writing signed by the Party liable by virtue of such Indenture, Specialty, or Recognizance, or his Agent, or by Part Payment or Part Satisfaction on account of any Principal or Interest being then due thereon, it shall and may be lawful for the Person or Persons entitled to such Actions to bring his or their Action for the Money remaining unpaid and so acknowledged to be due within Twenty Years after such Acknowledgement by Writing or Part Payment or Part Satisfaction as aforesaid, or in case the Person or Persons entitled to such Action shall at the time of such Acknowledgement be under such Disability as aforesaid, or the Party making such Acknowledgement be, at the Time of making the same, beyond the Seas, then within Twenty Years after such Disability shall have ceased as aforesaid, or the Party shall have returned from beyond Seas, as the Case may be; and the Plaintiff or Plaintiffs in any such Action on any Indenture, Specialty, or Recognizance, may, by way of Replication, state such Acknowledgement, and that such Action was brought within the Time aforesaid, in answer to a Plea of this Statute.

   Absence of Defendants beyond Seas provided for.

   Proviso in case of Acknowledgement in writing, or by Part Payment.

   * ** * * * 14. An Action of Debt on Simple Contract shall be maintainable in any Court of Common Law against any Executor or Administrator.

   Action of Debt on Simple Contract * * * * * * 28. Upon all Debts or Sums certain, payable at a certain Time or otherwise, the Jury on the Trial of any Issue, or on any Inquisition of Damages, may, if they shall think fit, allow Interest to the Creditor at a Rate G Jury empowered to allow Interest upon Debts.

   not exceeding the current Rate of Interest from the Time when such Debts or Sums certain were payable, if such Debts or Sums be payable by virtue of some written Instrument at a certain Time, or if payable otherwise, then from the Time when Demand of Payment shall have been made in Writing, so as such Demand shall give Notice to the Debtor that Interest will be claimed from the Date of such Demand until the Term of Payment; provided that Interest shall be payable in all Cases in which it is now payable by Law.

   In certain Actions the Jury may give Damages in the Nature of Interest.

29. The Jury on the Trial of any Issue, or on any Inquisition of Damages, may, if they shall think fit, give Damages in the Nature of Interest, over and above the Value of the Goods at the time of the Conversion or Seizure, in all Actions of Trover or Trespass de bonis asportatis, and over and above the Money recoverable in all Actions on Policies of Assurance made after the passing of this Act.

    * * * * * * Executors of Lessor may distrain for Arrears in his Lifetime.

    Arrears may be distrained for within six months after Determination of Term.

37. It shall be lawful for the Executors or Administrators of any Lessor or Landlord 1o distrain upon the Lands demised for any Term, or at Will, for the Arrearages of Rent due to such Lessor or Landlord in his Lifetime, in like Manner as such Lessor or Landlord might have done in his Lifetime.

38. Such Arrearages may be distrained for after the End or Determination of such Term or Lease, at Will, in the same Manner as if such Term or Lease had not been ended or determined; provided that such Distress be made within the Space of Six Calendar Months after the Determination of such Term or Lease, and during the Continuance of the Possession of the Tenant from whom such Arrears became due: Provided also, that all and every the Powers and Provisions in the several Statutes made relating to Distresses for Rent shall be applicable to the distresses so made as aforesaid.

    * * * * *

    85 Crown Proceedings

    [CH.85. 1375CHAPTER 85.

    CROWN PROCEEDINGS.

    ARRANGEMENT OF SECTIONS.

    SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

   PART I.

   SUBSTANTIVE LAW.

3. RIGHT TO SUE THE CROWN.

4. LIABILITY OF THE CROWN IN TORT.

5. PROVISIONS AS TO INDUSTRIAL PROPERTY.

6. APPLICATION OF LAW AS TO INDEMNITY, CONTRIBUTION, AND CONTRIBUTORY NEGLIGENCE.

7. LIABILITY IN CONNECTION WITH POSTAL PACKETS.

8. PROVISIONS RELATING TO THE ARMED FORCES.

9. SAVING IN RESPECT OF ACTS DONE UNDER PREROGATIVE AND STATUTORY POWERS.

   PART IL JURISDICTION AND PROCEDURE.

10. CIVIL PROCEEDINGS HOW INSTITUTED.

11. INTERPLEADER.

12. PARTIES TO PROCEEDINGS.

13. SERVICE OF DOCUMENTS.

14. ...