,, recording the proceedings in every cause, per folio of seventy-two words " every satisfaction do. copy of any paper, per copy sheet the Judge's testimonial for an exemplification :::::: attendance on special motion, or, hearing a demurrer argued, or, other special argument entering every motion ,, every order of Court attending drawing every special jury taking every recognizance of special bail, and attending thereon entering exception to special bail .. attending at the Judge's chambers, on a petition preferred, or examinations of persons departing the Government a summons before a Judge a rule of reference, or other special rule taking the examination of any person before the Judge, if done by the Prothonotary, or his clerk, per folio of seventy-two words.. .. recording a renunciation of dower, per copy sheet ,, every affidavit in writing, per copy sheet of seventy-two fair copy, per copy sheet 60 4 0 0 ,, writing letters, when necessary in the cause, and before ,, every attendance necessary in the cause (no attendance on counsel to be charged, unless counsel be actually retained) 36 ,, writ of summons, or Capias, or subpoena, or other writ 12 6 0 1 0 1 drawing a declaration, plea, replication, rejoinder, demurrer, joinder in demurrer, or other pleading 2 6 2 6 0 3 the pleadings and proceedings, if special, more, each.. fair copy thereof, per copy sheet " copy of every bond, or other writing declared on, if not exceeding five copy sheets.. exceeding five copy sheets, each copy sheet.. fee on rule to plead, rule for trial, or executing writ of inquiry, rule to reply, rejoin, or other common rule fair copy, per copy sheet :::: 06 :::: 0 3 3 0 0 3 ,, every search, such as for appearance, declaration, when 1 6 3 0 each ticket 1 0 drawing short particulars to accompany any declaration 2 6 ,, drawing long particulars and fair copy, exceeding three witnesses coming from any out-island, their reasonable a Court fee in every cause, not exceeding two Courts, .. The attorney to pay the jury, in every cause tried, or in 10 1 6 1 0 04 4 0 09 "Venditioni exponas, fieri facias, ad satisfaciendum," for residue, or, execution against executor, or, adminis trator, more signing an execution or "scire facias" fee on ending every cause notice of trial, or, inquiry .. drawing, signing, and, acknowledging satisfaction in, or drawing bail-piece signing every other paper or proceeding not herein men- ,, every notice of bail and service attending the Judge at his chambers, to make a motion, fair copy, per copy sheet ,, every special argument, upon a rule of Court, at Cham- 77 66 attending arbitrators upon a rule of reference, each day 8 0 For to pay each person appearing on the panel of a special jury, for his attendance at Court, each day exceptions to bail and notice thereof, each وو attending the Judge to take the examinations of such persons as are departing these islands .. 3 0 drawing interrogatories for such examination, per copy sheet 2 0 0 3 ::::::::::: making a return to any writ of "Habeas Corpus," or 20 .. 122 attending the Judge with prisoner, on a writ of" Habeas Corpus " a special jury his poundage on all sales, five pounds per centum on .. executing every criminal condemned by judgment of the Supreme Court... CRIER OF THE SUPREME COURT'S FEES. For calling every action or witness 3 0 40 0 "every person discharged by proclamation opening every Court and adjourning when any cause is tried 1 1 "nolle prosequi" 1 4 0 recognizance entered into by a defendant From every attorney, and the Prothonotary, at the end of each term QUEEN'S ADVOCATE'S FEES. To be taken also by any person prosecuting on behalf of the Crown. For retaining fee on every information drawing every information No. 8. Ord. No. 12, 1852. PREAMBLE. Act repealed. Witnesses not deemed incapacitated from interest. Parties to a suit competent to give evidence. No. 8.-ORDINANCE No. 12, 1852. An Ordinance to amend the Law of Evidence. (Passed 10th Nov., 1852. Assented to 1st August, 1853.) W HEREAS, it is expedient to amend the law of evidence in divers particulars; May it, &c. : I. That, so much of section one of the Act of the General Assembly of the Bahama Islands, now in force in this colony, passed in the tenth year of Her Majesty's reign, chapter thirty-two, entitled "An Act for improving the Law of Evidence," as provides, that, the said Act shall not render competent any party to any suit, action, or proceeding, individually named in the record, or any lessor of the plaintiff, or tenant of the premises, sought to be recovered in ejectment, or the landlord, or the person in whose right any defendant in replevin, may take cognizance, or, any person in whose immediate and individual behalf, any action may be brought or defended, wholly or in part, shall be, and the same is hereby repealed. II. That, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, or action, or other proceeding, in any Court of Justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and, the person in whose behalf any such suit, action, or other proceeding, may be brought, or defended, shall, except as hereinafter excepted, be competent, and compellable, to give evidence, either "viva voce," or by deposition, according to the practice of the Court, on behalf of either, or any, of the parties, to the said suit, action, or other proceeding. No. 8. III. That, nothing herein contained, shall render any person who, in any criminal proceeding, is charged with the commission of Ord. No. 12, any indictable offence, or any offence punishable, on summary con- 1852. viction, competent, or compellable, to give evidence for, or against Proviso as to himself, or herself, or shall render any person compellable to Criminal Proanswer any question tending to criminate himself or herself, or shall ceedings. in any criminal proceeding render any husband competent, or compellable, to give evidence, for, or against his wife, or any wife competent, or compellable to give evidence for, or against her husband. Proviso as to breach of In respect of Wills. Parties may be produce docu IV. That, nothing herein contained, shall apply to any action, suit, or proceeding, instituted in consequence of adultery, or for any action for breach of promise of marriage; nor, shall anything herein contained, repeal any provisions in the Statute passed in the session of Parliament, holden in the seventh year of the reign of King William the Fourth, and the first year of the reign of Her present Majesty, for amending the law with respect to wills, so far as such Statute is in force in this colony. V. That, whenever any action or other legal proceeding, shall, henceforth, be pending in any Superior Court of Common Law, compelled to within these islands, such Court, and each of the Judges thereof, may, respectively, on application made for such purpose, by either of the litigants, compel the opposite party, to allow the party making the application to inspect all documents in the custody, or under the control of such opposite party, relating to such action, or other legal proceeding, and, if necessary, to take examined copies of the same, in all cases, in which, previous to the passing of this Ordinance, a discovery might have been obtained, by filing a bill, or by any other proceeding in a Court of Equity, at the instance of the party so making application, as aforesaid, to the Court or Judge. VI. That, every document, which, by any law now in force, or hereafter to be in force, is, or shall be admissible, in evidence, in any Court of Justice, in England, shall be admissible in evidence, in the like manner, to the same extent, and for the same purpose, in any Court of Law, or Equity, in these islands; or, before any person, having by law, or by consent of parties, authority to hear, receive, and examine evidence. ments. Documents admissible as evidence in England, admissible, also, in this Colony. VII. That, every Court, Judge, Justice, Officer, Commissioner, Authority to Arbitrator, or other person, now, or hereafter, having by law, or by administer consent of parties, authority to hear, receive, and examine evidence, oaths. is hereby empowered to administer an oath to all such witnesses as are legally called before them respectively. |