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No. 9.

Schedule B. Act of Parl. 15 & 16 Vic.

c. 76, in force.

Defamation of
Character.

Denial of Debt.

Denial of Contract.

Denial of Deed.
Statute of
Limitations.

Payment.

Set-off.

Release.

Not guilty.

High Court of Chancery an instrument in writing under his hand and seal, particularly describing and ascertaining the nature of his said invention, and in what manner the same was to be and might be performed, and the plaintiff did within the time prescribed fulfil the said condition, and the defendant during the said term did infringe the said patent right.

32. That the defendant falsely and maliciously spoke and published of the plaintiff the words following; that is to say, "he is a thief;"

[If there be any special damage, here state it with such reasonable particularity as to give notice to the defendant of the peculiar injury complained of; for instance,]

whereby the plaintiff lost his situation as gamekeeper in the employ of A.

33. That the defendant falsely and maliciously printed and published of the plaintiff in a newspaper called "

the

words following; that is to say, "he is a regular prover under bankruptcies," the defendant meaning thereby that the plaintiff had proved and was in the habit of proving fictitious debts against the estates of bankrupts, with the knowledge that such debts were fictitious.

COMMENCEMENT OF PLEA.

34. The defendant by

his attorney [or in person]

says [here state the substance of the plea].
35. And for a second plea the defendant says [here state the
second plea].

PLEAS IN ACTIONS ON CONTRACTS.

36. That he never was indebted as alleged.
[This plea is applicable to declarations like those numbered 1 to 14.]
37. That he did not promise as alleged.

[This plea is applicable to other declarations on simple contracts, not on bills and notes, such as those numbered 19 to 22. It would be

unobjectionable to use "did not warrant," "did not agree," or any other appropriate denial.]

38. That the alleged deed is not his deed.

39. That the alleged cause of action did not accrue within six years [state the period of limitation applicable to the case] before this

suit.

40. That before action he satisfied and discharged the plaintiff's claim by payment.

41. That the plaintiff at the commencement of this suit was, and still is, indebted to the defendant in an amount equal to the plaintiff's claim, for [here state the cause of set-off, as in a declaration; see forms ante], which amount the defendant is willing to set off against the plaintiff's claim.

42. That after the alleged claim accrued, and before this suit, the plaintiff by deed released the defendant therefrom.

PLEAS IN ACTIONS FOR WRONGS INDEPENDENT OF CONTRACT. 43. That he is not guilty.

44. That he did what is complained of by the plaintiff's leave. 45. That the plaintiff first assaulted the defendant, who thereupon necessarily committed the alleged assault in his own defence. 46. That the defendant, at the time of the alleged trespass, was possessed of land the occupiers whereof for twenty years before this suit enjoyed as of right and without interruption a way on foot and with cattle from a public highway over the said land of the plaintiff to the said land of the defendant, and from the said land of the defendant over the said land of the plaintiff to the said public highway, at all times of the year, for the more convenient occupation of the said land of the defendant, and that the alleged trespass was a use by the defendant of the said way.

No. 9. Schedule B. Act of Parl. 15 & 16 Vic. c. 76,

in force.

Right of Way.

47. That the defendant, at the time of the alleged trespass, was Right of Compossessed of land the occupiers whereof for thirty years before this mon. suit enjoyed as of right and without interruption common of pasture over the said land of the plaintiff for all their cattle, levant and couchant, upon the said land of the defendant, at all times of the year, as to the said land of the defendant appertaining, and that the alleged trespass was a use by the defendant of the said right of common.

REPLICATIONS.

48. The plaintiff takes issue upon the defendant's 1st, 2nd, &c. pleas.

49. The plaintiff as to the second plea says [here state the answer to the plea as in the following forms].

50. That the alleged release is not the plaintiff's deed.

51. That the alleged release was procured by the fraud of the defendant.

52. That the alleged set-off did not accrue within six years before the suit.

53. That the plaintiff was possessed of land whereon the defendant was trespassing and doing damage, whereupon the plaintiff requested the defendant to leave the said land, which the defendant refused to do; and thereupon the plaintiff gently laid his hands on the defendant in order to remove him, doing no more than was necessary for that purpose, which is the alleged first assault by the plaintiff.

Joinder of

Issue.

Replication to
Pleas containing
new Matter.
To Plea of
Release.

To Plea of

Set-off.

To Self-defence.

54. That the occupiers of the said land did not for twenty years To Right of before this suit enjoy as of right and without interruption the Way. alleged way.

NEW ASSIGNMENT.

and

55. The plaintiff, as to the pleas, says, that he sues not for the trespasses therein admitted, but for trespasses committed by the defendant in excess of the alleged rights, and also in other parts of the said land and on other occasions, and for other purposes than those referred to in the said pleas.

[If the plaintiff replies and new assigns, the new assignment may be as follows:]

and

pleas,

56. And the plaintiff, as to the further says, that he sues not only for the trespasses in those pleas admitted, but also for, &c.

To the Pleas of
Right of Way
and Right of
Common.

[If the plaintiff replies and new assigns to some of the pleas, and Schedule B. new assigns only to the other, the form may be as follows:]

No. 9.

Act of Parl.

15 & 16 Vic. c. 76,

in force.

57. And the plaintiff, as to the

and

pleas, pleas [the pleas not replied to] admitted, but for the trespasses in the pleas [the pleas replied to] admitted, and also for, &c.

further says, that he sues not for the trespasses in the

No. 10.

No. 10.-ORDINANCE No. 3, 1857.

Ord. No. 3, An Ordinance to amend Ordinance No. 9 of 1855, extending certain

1857.

PREAMBLE.

Process where
Defendant,

being a British
subject, resides

out of the colony.

Process where Defendant, not a British sub

ject, resides out of the colony.

WH

clauses of the Common Law Procedure Act, 1852. (Passed 1st June, 1857. Confirmed 6th Nov. 1857.)

THEREAS by the Ordinance No. 9 of 1855, for bringing into force within this colony certain clauses of the Statute of the Imperial Parliament known as the "Common Law Procedure Act, 1852;" certain clauses of the said statute were so brought into effect within the same; and whereas the provisions of sections 18, 19, and 23 of the said statute, require amendment to render them applicable to these islands; May it, &c.

That in the place of the said sections Numbers 18, 19, and 23, shall be substituted the following provisions, to wit: That if any defendant being a British subject in any case where the cause of action has arisen within the colony, shall have left the colony after such cause of action arose, it shall be lawful for the plaintiff to issue a writ of summons in the form contained in the Schedule (A.) to the said Act of Parliament annexed, marked No. 2; which said writ shall bear the indorsement contained in the said form, purporting that such writ is for service out of the jurisdiction of the Supreme Court; and the time for appearance by the defendant to such writ, shall be regulated by the distance from the colony of the place where the defendant is residing: and it shall be lawful for the Court or Judge, upon being satisfied by affidavit that there is a cause of action which arose within the jurisdiction, or in respect of the breach of a contract made within the jurisdiction, and that the writ was personally served upon the defendant, or that reasonable efforts were made to effect personal service thereof, upon the defendant; and that it came to his knowledge, and either that the defendant wilfully neglects to appear to such writ, or that he is living out of the jurisdiction of the said Court, in order to defeat and delay his creditors: to direct from time to time that the plaintiff shall be at liberty to proceed in the action in such manner and subject to such conditions as to such Court or Judge may seem fit, having regard to the time allowed to the defendant to appear being reasonable, and to the other circumstances of the case. Provided always that the plaintiff shall and he is hereby required to prove the amount of the debt or damages claimed by him in such action, either before a jury upon a writ of inquiry, or before the Master of the said Supreme Court in like manner as proof is required in other cases.

II. That in any action against a person residing out of the jurisdiction of the said Supreme Court, and not being a British subject, the like proceedings may be taken as against a British subject

No. 10.

1857.

resident out of the jurisdiction, save that in lieu of the form of writ of summons in the Schedule (A.) to the said Act of Parliament Ord. No. 3, annexed, marked No. 2, the plaintiff shall issue a writ of summons according to the form contained in the said Schedule (A.) marked No. 3, and shall in manner aforesaid serve a notice of such lastmentioned writ upon the defendant therein mentioned: which notice shall be in the form contained in the said Schedule, also marked No. 3, and such service shall be of the same force and effect as the service of the writ of summons, in any action against a British subject resident abroad, and by leave of the Court or a Judge, upon their or his being satisfied by affidavit as aforesaid, the like proceedings may be had and taken thereupon.

III. That any affidavit for the purpose of enabling the Court or a Judge to direct proceedings to be taken against a defendant residing out of the jurisdiction of the said Court, may be sworn before any Consul-General, Consul, Vice-Consul, or Consular Agent, for the time being, appointed by Her Majesty at any foreign port or place, and every affidavit so sworn by virtue of this Ordinance may be used, and shall be admitted in evidence, saving all just exceptions, provided it purport to be signed by such ConsulGeneral, Consul, Vice-Consul, or Consular Agent, upon proof of the official character and signature of the person appearing to have signed the same. Provided always, that if any person within the colony shall forge the signature of any such affidavit; or shall use or tender in evidence any such affidavit, with a false or counterfeit signature thereto, knowing the same to be false or counterfeit, he shall be guilty of felony, and shall upon conviction be liable to imprisonment, for any term not exceeding Three years, and not less than One year with hard labour: and every accessory before or after the fact to any such offence, shall be guilty of felony, and if convicted shall be liable to the same punishment as the principal offender.

IV. And whereas the 146th section of the said Statute was inadvertently included among the clauses extended to these islands, and it is expedient that the same should not be so extended: Be it therefore further ordained, That the 146th clause of the said statute shall not be in force within these islands, and that nothing in the Ordinance No. 9 of 1855, shall in any way affect or alter the provisions contained in Ordinance No. 4 of 1849, for establishing a Court of Appeal within this presidency.

Affidavits for

Process, before

whom to be

made.

Penalty of

Forgery.

Section 146 of

Common Law Procedure Act now in force.

No. 11.-ORDINANCE No. 3, 1859.

An Ordinance to amend Ordinance No. 9 of 1852, entitled, &c. (Supreme Court Ordinance). (Passed Nov. 12, 1859. Confirmed 5th April, 1860.)

WH

No. 11. Ord. No. 3,

1859.

HEREAS Ordinance No. 9 of 1852, relating to the Supreme PREAMBLE. Court of Justice of these islands, in some respects requires amendment; May it, &c., That the power of adjournment given to the Prothonotary and Clerk of the Crown by section 44 of the said Ordinance, shall be deemed to give him power to adjourn the said Court, from time to time, for any time not exceeding seven days, as often as circumstances may require: Also that the power of

No. 11. Ord. No. 3,

1859.

No. 1.

1853.

appointing an Acting Judge, vested in the President of these islands by the said 44th section, shall be taken to apply to all cases in which such Judge may be absent on leave or other just ground.

II. That whenever the Queen's Advocate shall be absent from the colony or the said Court, by reason of sickness, vacation, leave, or other just ground, it shall be lawful for the Queen's Advocate to authorize some fit and competent person, approved of by the President, to act as Queen's Advocate during his absence.

III. That whenever a vacancy shall occur in the office of the Prothonotary and Clerk of the Crown, it shall and may be lawful for the President of these islands to appoint some competent person to fill the same, and the person so appointed shall be, ex officio, Clerk of the Supreme Court and Court of Ordinary.

CLASS IV.
JURIES.

No. 1.-ORDINANCE No. 3, 1853.

Ord. No. 3, An Ordinance for the Regulation of Juries within the Turks and Caicos Islands. (Passed 23rd Oct., 1853. Confirmed 6th April, 1854.)

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W

HEREAS the laws now in force within these islands for regulating juries are in many respects inapplicable to the present condition of the said islands, and require amendment; May it, &c.

I. That every male inhabitant (except as hereinafter excepted) between the ages of 21 and 60 residing at the Turks Islands, who shall be seized and possessed in fee simple, fee tail, or for life, of landed estate within these islands, of the value of not less than Twenty pounds; or who shall be a householder, and inhabiting as sole tenant upon any improved lot of land in the said islands, of the value of not less than Forty pounds; or who shall be possessed of property real and personal, or personal property only of the value of Fifty pounds, shall be qualified and liable to serve on juries for the trial of all issues joined in the Supreme Court at these islands, both civil and criminal; and shall also be qualified and liable to serve upon all inquests, or inquiries, to be taken or made, by or before the said Court, by virtue of any writ of inquiry; or by or before any Commissioners appointed under the Great Seal of these islands: Provided always, that no person shall be considered qualified to serve as jurors under this Ordinance who cannot read and write.

II. That all members of Council; all clergymen in holy orders; all priests of the Roman Catholic faith; all persons who shall preach or teach in any congregation of Protestant dissenters, and who shall follow no secular occupation, except that of a schoolmaster; all officers of Her Majesty's Army, Navy, or Ordnance on full pay; all attorneys, proctors, and solicitors, duly admitted in any Courts of law or equity within these islands, and their clerks; all officers of any such Courts actually exercising the duties of their respective offices; all physicians and surgeons actually practising; all officers of Her Majesty's Customs; the officers of the

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