to debt or de 2. Where in any action the debt or demand claimed consists of Jurisdiction of a balance not exceeding two hundred and forty dollars after an such Court as admitted set-off of any debt or demand claimed or recoverable by mand. the defendant from the plaintiff, or of any bona fide credit whatever allowed by the plaintiff to the defendant, the Court shall have jurisdiction in such action. 3. The Inferior Courts of Civil Justice shall have jurisdiction in Jurisdiction in all cases of opposition to execution sales, and to sales by the Ad- other matters. ministrator General, of moveable or immoveable property, where the value does not exceed two hundred and forty dollars, and the title to land or the validity of a will or other testamentary disposition is not involved. claimed. 4. Damages may be claimed and recovered in any opposition Damages of suit in the Inferior Court, when the plaintiff is entitled to claim $240 may be damages, and the value of the property in question and the damages together do not exceed two hundred and forty dollars. citation on and pain of being 5. In opposition suits in the Inferior Courts of Civil Justice, Opposition to instructions for citation shall be lodged with the Marshal within be followed within 7 days seven days next after the entry of opposition, on pain in default after entry by thereof of the opposition being held deserted and abandoned, of sentence being pronounced in favour of the defendant in opposi. held deserted. tion, upon the production to a Judge of the certificate of the Marshal that no instructions for citation have been lodged within such period of seven days. of both parties 6. In any action in which the title to any incorporeal right shall Judge may incidentally come in question, the Judge shall have power to decide with consent the claim which it is the immediate object of the action to enforce, decide title to any incorporeal if both parties at the hearing shall consent to the Judge having such right. power, such consent being entered on the minutes by the Registrar, but the judgment of the Court shall not be conclusive evidence as Decision not to the incorporeal right between the parties or their privies in any cases or right other action in that Court, or in any proceeding in any other Court, to appeal. and such corseut shall not prejudice or affect any right of appeal (except as to the Couris' power to take into consideration such incorporeal right) which the parties may have in respect to such first-mentioned action. VOL. IV. Kk 7. At to affect other 7. At the hearing of any cause before any Inferior Court the Judge, before Judge may require, before entering upon any evidence, a general entering upon evidence, may statement from the defendant, his counsel or attorney, of the nature require stateof the defence intended to be set up. ment of defence. In defended action on Bills and Promissory Notes, Judge may 're. quire grounds of defence to be stated. 8. In actions on bills of exchange and promissory notes in any Inferior Court of Civil Justice when the defendant appears and declares he has a defence, it shall be lawful for the Judge to call upon such defendant to disclose the grounds of his defence, and to make affidavit to the facts constituting such defence, in the same manner as is required in summary proceedings on bills of exchange and promissory notes in the Supreme Court, and if the defendant shall refuse or neglect to state such defence and produce such affidavit, the Judge may proceed as in case of default for nonappearance. Manner of proceeding in certain kinds of defence. Power to 9. A defendant shall not be allowed to set off any debt or demand claimed or recoverable by the defendant from the plaintiff, or to set up by way of defence and to claim and have the benefit of infancy, coverture, or prescription, or of the discharge under any Ordinance or Law relating to bankrupts, or any Ordinance or Law for relief of insolvent debtors, without the consent of the plaintiff, unless such defendant shall have given notice thereof in writing, in duplicate, to the Registrar of the Court at least eight clear days before the return day of the citation, such notice in case of set off to be accompanied by a statement of the particulars of such set off, also in duplicate, provided that the Judge may, on such terms as he shall think fit, adjourn the hearing of the cause to enable the defendant to give any such notice, and the Registrar shall on receipt of such duplicate notices deliver one of them to the plaintiff, his counsel or attorney, and shall file the other among the proceedings in the cause. 10. The Judge of an Inferior Court may at all times amend all defects and errors in any proceeding in such Court, whether there is any thing in writing to amend by or not, and whether the defect in proceedings. or error be that of the party applying to amend or not, and all such amendments may be made with or without costs, and upon Judge to amend errors such such terms as to the Judge may seem fit, and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties, shall be so made if duly applied for. substitute the character II. The Judge may at the hearing amend the proceedings on such Judge may terms he may think fit, by substituting the name of one person for another name the name of another person, by adding or striking out the name for, or alter of any plaintiff or defendant, or altering the character in which of, any one of the parties to any plaintiff or defendant sues or is sued, and thereupon the cause a suit, or may may proceed as if the proper party or parties had originally sued add or strike or been sued, and the costs of any such amendment shall be in the a party. discretion of the Judge. out a nam: of given. 12. When any plaintiff or defendant shall appeal from any How notice of sentence of any Inferior Court, notice of appeal delivered to the appeal from counsel, advocate or attorney of the opposite party, who shall have Court to be been represented in the Inferior Court by counsel, advocate or attorney shall be sufficient, unless such opposite party shall have given notice in writing to the other party that such counsel, advo cate or attorney has ceased to represent him. case, where no 13. In any case not expressly provided for in the "Amended The practice of Supreme Manner of Proceeding Ordinance, 1855," or by the rules autho- Court to be rized to be made under the 249th section of that Ordinance, or in applied in anyl this or any other Ordinance relating to the Manner of Proceeding other express provisions. of the Inferior Courts of Civil Justice, the general principles of practice in the Supreme Court of Civil Justice may be adopted aud applied at the discretion of the presiding Judge to actions and proceedings in such Inferior Courts. of inferior may be post. 14. Any session of the Iuferior Civil Courts may be postponed How Session or adjourned by order of one of the Judges, by advertisement to Civil Court be published in the Official Gazette and one other newspaper of poned, or ad. the Colony, signed by the Registrar, or a Sworu Clerk or Assistant journed. Sworn Clerk. [Ord. 8 anno 1872.] of witnesses. No. XCV.-XCVI. 15. The remuneration of twenty-five cents to each witness for Remuneration each day's attendance on the trial of any cause provided by Ordinance No. 27, anno 1855, is hereby repealed, and there shall be allowed to each witness for each day's attendance on the trial of any cause, besides travelling expenses provided by that Ordinance, the following rates of remuneration : Repeal Sec. tion. To each person, being of the degree or calling of an agricultural labourer, Children under twelve years of age $ 0 48 1 20 16. So much of the Ordinance No. 18 of 1871, as relates to the Inferior Courts of Civil Justice and all laws or Ordinances, parts of Ordinances, rules, customs, usages, and practice whatever, inconsistent with this Ordinance, are hereby repealed and annulled. 17. This Ordinance shall be read as one Ordinance with the OrdiThis Ordinance nance No. 2 of 1856, except in so far as the latter is inconsistent with No. 2 of with the former. to be construed 1856. 18. This Ordinance shall come into operation and take effect on Commence. the First day of July, One Thousand Eight Hundred and Seventy ment of Ordinance. two. No. XCVI. Ord. 9 anno AN ORDINANCE TO ENABLE A TRANSPORT OF CERTAIN 1872.] Preamble. IMMOVEABLE PROPERTY BELONGING TO "THE DEMERARY Enacted 20th April, 1872, published the same day, [JOHN SCOTT, Governor.] WHEREAS in and by Ordinance No. 30 of the year 1864, intituled "An Ordinance to incorporate a Company to be called "The No. XCVI. 'The Demerara Gas Light Company, Limited," the said Company was thereby, and by the said name and title incorporated accordingly, and had power to purchase and hold lands for the purpose of the said undertaking; and whereas it was enacted in and by the Fourth Section of the said Ordinance that in case the works of the said Company should not be in actual operation to the satisfaction of the Governor and Court of Policy within three years from the taking effect of that Ordinance, then and in such case the said Ordinance should absolutely cease and determine and become null and void; and whereas by reason of the said Gas Works not being in actual operation within three years from the taking effect of the said Ordinance, the same has ceased and determined; and whereas, by Ordinance No. 21 of the year 1870, intituled "An Ordinance to incorporate a Company to be called the Georgetown (British Guiana) Gas Company, Limited," the said Company was thereby and by the said name and title incorporated accordingly with power to purchase and take and hold lands for the purpose of the said undertaking; and whereas the said " Demerary Gas Light Company, Limited," was possessed by transport of the property hereinafter more fully described, situate in Charlestown district, in the City of Georgetown, and that the said "Demerary Gas Light Company, Limited," has sold the same to "The Georgetown (British Guiana) Gas Company, Limited," and doubts have arisen whether the Representatives of "The Demerary Gas Light Company, Limited," have power to transport the said property to and in favour of "The Georgetown (British Guiana) Gas Company, Limited;" and whereas Adolphus William Perot and George Henry Oliver, Directors of "The Georgetown (British Guiana) Gas Company, Limited," residing in this Colony, have prayed His Excellency the Governor and the Honourable the Court of Policy to pass an Ordinance to authorise one of the former Directors of "The Demerary Gas Light Company, Limited," to advertise and thereafter to pass and execute to and in favour of "The Georgetown (British Guiana), Gas Company, Limited," a transport of the said property, situate in Charlestown district, in the City of Georgetown; and whereas it is expedient that the prayer of the said petition should be complied with: Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof as follows: 1. Frederick [Ord. 9 anno 1872.] |