Sub-Title B - Related Matters

• Author: Ralph Hone
• Pages: #2

38 Bar Association And Law Library

CHAPTER 38.

BAR ASSOCIATION AND LAW LIBRARY.

AN ACT RELATING TO THE BAR ASSOCIATION AND THE LAW LIBRARY.

16 of 1954.

8 of 1954.

13 of 1962.

[5th April 1954.] 1. This Act may be cited as The Bar Association and Law Library Act.

2. There shall be and is hereby created an association to be known as the Bahamas Bar Association, hereinafter referred to as 'the association'.

3. Every counsel and attorney approved, admitted and enrolled under the provisions of section 20 of The Supreme Court Act to practise in the Bahamas shall be a member of the association.

   Short title.

   Bar Association.

4. The association shal calendar year at a meeting tc the thirty-first day of March seven members, to be known 1 elect by ballot each be held not later than a Council consisting of as the Bar Council.

   Membership of Association.

   Ch. 35.

   Bar Council.

   Association rules.

5. The Bar Council shall have power, subject to the approval of the association(a) to make rules for the direction and control and government of the association, and to prescribe appropriate penalties for the breach of such rules; and (b) to prescribe fees to be paid by members of the association, such fees to be paid directly to the Bar Council.

6. The Bar Council shall have such further powers as the association shall confer on it from time to time.

   Powers of Council.

   Law Library to 7. The Law Library (hereinafter referred to as be administered by Bar 'the library') shall be kept under the charge of the Council. Bar Council.

   8 of 1954.

   Library rules. 8. The Bar Council shall have power(a) to make rules for the administration of the library and to prescribe appropriate penalties for the breach of such rules; and (b) to prescribe fees to be paid by persons using the library, such fees to be paid directly to the Bar Council.

   Expending of 9. All moneys voted by the Legislature or availmoneys. able from any other source for expenditure on the library shall be held by and expended by the Bar Council.

   39 Notaries Public

   CHAPTER 39.

   NOTARIES PUBLIC.

   AN ACT RELATING TO NOTARIES PUBLIC.

   [21st February 1938.] 1. This Act may be cited as The Notaries Public Act.

2. Persons to whom a licence under this Act may be granted shall be such persons as are entitled under any Act to be, and who have been, enrolled as attorneys of the Supreme Court:

   Provided that all persons licensed to practise as notaries public at the coming into operation of this Act shall be enrolled as notaries public under the provisions of this Act without application to the Governor:

   Provided further that the Chief Secretary and the Attorney General of the Colony shall be ex-officio notaries public within the Colony generally to perform or certify any notarial act on behalf of the Colony only but shall, in the exercise of such function, be ineligible to receive any fee for any notarial act:

   Provided further that it shall and may be lawful for the Governor from time to time to appoint under his Seal-at-Arms such persons as he may deem fit and proper to be notaries public in any Out Island District, who shall be admitted, sworn and enrolled, as hereinafter directed.

3. The Governor on being satisfied of the qualification of any person applying to be enrolled as a notary public under the provisions of this Act may grant to such person a licence under his Seal-at-Arms authorizing such person to exercise generally within the Colony the functions and duties commonly performed by notaries public in England.

4. It shall be the duty of the Chief Secretary to keep an alphabetical roll or book of all notaries public licensed under this Act together with the date of each 14 of 1938.

   37 of 1939.

   G.N. 51 of 1964.

   Short title.

   Qualification for appointment as notary public.

   Licensing of notaries public.

   Names of notaries public to be enrolled.

   NOTARIES PUBLIC.

   Oath of a notary public.

   Notaries not to be deprived of their licence except by decision of a Judge.

   Notaries public to be provided with notarial seal.

   Penalty for unlawfully practising as notary public.

   37 of 1939, s. 2.

   licence granted, and also to administer the requisite oath to any person licensed to be a notary public.

5. Every person who shall have been licensed shall, prior to enrolment as in section 4 of this Act provided, take and subscribe the oath following:I, A. B., do swear or solemnly affirm (as the case may be), that I will truly and honestly demean myself in the office of Notary Public, according to the best of my knowledge and ability.-So HELP ME GOD.

6. No person shall be deprived of his licence or commission as a notary public or be suspended from the performance of any act whatsoever, appertaining or belonging to such his office, except he be guilty of some crime, misdemeanour, gross misconduct, negligence or unskilfulness, which must be represented to, heard and determined by a Judge of the Supreme Court, either in a summary or such other manner as he shall think expedient, in chambers or in open court, and if any notary public shall thereupon be condemned by a Judge of the Supreme Court, then and in such case, but not otherwise, it shall and may be lawful for the Governor to cause his name to be struck off the roll of notaries public, and such person shall be disabled to perform any notarial act whatsoever.

7. Every notary public enrolled and practising under this Act shall provide himself with a seal to be impressed upon all documents issued by him as such notary public.

8. -(1) Any person who shall hold himself out to be a notary public or shall receive any fee or reward as a notary public, not being a person duly licensed and enrolled in accordance with the provisions of this Act, or not beilig a person to whom the Master of Faculties in England has issued a faculty to practise as a notary shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a penalty of twenty-five pounds, one-half of which penalty shall be payable to the person giving information leading to such conviction.

   (2) This section shall not be construed to exempt any person from any prosecution under the provisions of any other law to which he would otherwise be liable.

   [CH39. 7399. Any notary public enrolled and practising Notaies may surrender under the provisions of this Act may at any time licence.

   surrender his licence so to act by application in writing to the Chief Secretary, who upon the receipt of such application shall cause the name of the notary public to be removed from the roll or book kept pursuant to the provisions of section 4 of this Act:

   Provided that nothing herein contained shall be deemed to prohibit any notary public so surrendering his licence from again applying to be enrolled, and being enrolled as a notary public under the provisions of this Act.

   40 Juries

   CHAPTER 40.

   JURIES.

   ARRANGEMENT OF SECTIONS.

   SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

3. ACT NOT TO APPLY TO CORONERS' INQUESTS.

   Jurors.

4. JURORS.

   Jury List.

5. JURY LIST.

6. FORM OF JURY LIST.

7. REVISION OF JURY LIST.

8. JURORS BOOK.

9. PUBLICATION OF JURY LIST.

10. ADDITION OF NAMES TO JURY LIST.

11. POWERS OF REVISION BY JUDGE.

12. DRAWING JURIES.

13. JURIES TO BE SUMMONED.

    Service of Summons.

14. SERVICE OF SUMMONS.

15. EXCUSE OF JURORS.

    Empanelling Juries.

16. PROCESS OF CALLING JURY IN COURT.

17. BALLS WITH NUMBERS OF JURORS SWORN TO BE KEPT APART.

18. SAME JURY MAY TRY MORE THAN ONE CASE.

19. TALESMEN.

20. NUMBER OF JURY.

    Challenges.

21. PEREMPTORY CHALLENGES.

22. CHALLENGES FOR CAUSE.

23. ACCUSED PERSONS JOINING IN THEIR CHALLENGES.

24. TRIAL OF CHALLENGE.

25. OBJECTION TO JUROR TO BE TAKEN BEFORE HE IS SWORN.

26. COUNTING AND SWEARING OF JURORS.

27. JURY TO BE UNANIMOUS.

28. EXCEPT IN CERTAIN CASES.

29. DISCHARGE OF JURY OWING TO DISAGREEMENT.

30. COMMUNICATION WITH JURY WHILE IN RETIREMENT CONSIDERING VERDICT.

31. DISCHARGE OF JURY, ETC. IN CERTAIN CASES.

32. VALIDITY OF PROCEEDINGS ON SUNDAY.

    [CH.40. 741SECTION.

    Special Juries.

33. IN CERTAIN CASES JURY TO BE DRAWN FROM SPECIAL JURY LIST.

34. SPECIAL JURIES.

35. MODE OF STRIKING SPECIAL JURIES.

    Miscellaneous.

36. JURORS' FEES.

37. WHEN A JUROR MAY BE EXAMINED.

38. VIEw.

39. NON-ATTENDANCE.

40. REFUSAL TO SERVE.

41. REMISSION OF FINE.

42. RECOVERY OF FINE.

43. RELEASE OF JUROR FROM ATTENDANCE.

44. EXPENSES.

45. SAVING.

46. RULES.

    SCHEDULES.

    FIRST SCHEDULE-PERSONS EXEMPT FROM SERVING ON JURIES.

    SECOND SCHEDULE-PERSONS DISQUALIFIED FOR SERVING ON JURIES.

    THIRD SCHEDULE-FORM OF JURY LIST.

    CHAPTER 40.

    JURIES.

    AN ACT RELATING TO JURORS AND TRIALS BY JURY.

    [23rd August 1909.1 [Commencement 15th December 1909.1

1. This Act may be cited as The Juries Act.

2. In this Act, unless the context otherwise requires'court' means the Supreme Court;

   'court house' means The Supreme Court House in the City of Nassau;

   'Judge' means a Judge of the Supreme Court;

   'marshal' means the Provost Marshal or his deputy;

   'Registrar' means the Registrar of the court or his deputy;

   'reviser' means the marshal;

   'Schedule' means a Schedule to this Act;

   'sessions' means a sessions of the court.

3. This Act does not apply to juries on coroners' inquests.

   Jurors.

4. Every man between twenty-one years of age and sixty years of age residing in New Providence who(a) is seised and possessed in fee simple, fee tail or for life of landed estate within the Colony of the value of not less than fifty pounds; or (b) is a householder, and inhabitant or sole tenant upon an improved lot of land in New Providence of the value of not less than one hundred pounds; or 5 of 1909.

   14 of 1914.

   17 of 1928.

   6 of 1939.

   13 of 1946.

   22 of 1958.

   43 of 1964.

   46 of 1964.

   18 of 1965.

   Short title.

   Interpretation.

   Act not to apply to coroners' inquests.

   Jurors.

   First Schedule.

   Second Schedule.

   Jury list.

   6 of 1939, s. 2.

   Form of jury list.

   Third Schedule.

   (c) is in receipt of an annual salary of sixty pounds and upwards; or (d) is in receipt of an income, derived from any source, of not less than one hundred pounds per annum, shall be qualified and liable to serve on juries in all civil and criminal...