Page images
PDF
EPUB

3. For making an analysis of the coutents of the stomach or intestines, and for attending to give evidence thereon, the fee or remuneration shall be a sum not exceeding £10 10 at the discretion of the Governor-in-Executive Committee.

4. For every juryman who shall attend an inquest to which he shall have been duly summoned, the fee or remuneration shall be 1/6, to be paid by the police mag. istrate of the district on the certificate of the Coroner, and if necessary to be re-imbursed to the police magistrate by the Colonial Treasurer on the warrant of the Governor-in-Executive Committee.

[blocks in formation]

6th September 1834 An Act for improving the administration of justice in criminal cases in this Island.

Section 3.

8th September 1841 An Act to entitle prisoners and persons held to

bail to a copy of the proceedings taken
against them, and concerning appeals....

So far as relates to

coroners, 7th December 1878 An Act to amend the laws of this Island relating to coroners.

The whole Act.

30th July 1887 An Act to reduce the expenditure in certain de Section 6, and that partments of the Civil service of this Island. part of schedule A

Part II relating to

the coroner of dis31st December 1887 An Act to alter and amend the law relating to the trict 'A.'

interment of the remains of any person found| felo de se..

The whole Act.

CAP. XV.

(Assented to 25th March 1891.) BARBADOS, An Act to consolidate and amend the Acts

of this Island relating to interpleader. B Eit enacted by the Governor, Council

, the authority of the same, as follows ;

Short title, 1. This Act may be cited as “The Inter: pleader Act, 1891."

Between persons generally. 2. Upon application made by or on the Upon application behalf of any defendant sued in any court by a defendant in of law in this Island in any action of assump-sumpsit, &c., statsit, debt, detinue, or trover, such application ing that the right being made in the case of actions brought in the subject-matin the Court of Common Pleas after declara- ter is in a third tion and before plea, and in case of actions party, the court brought in other courts after plaint lodged third party to apbut before hearing, by affidavit or other

pear and maintain wise, showing that such defendant does not or relinquish his claim any interest in the subject-matter claim, and in the of the suit, but that the right thereto is

meantime stay

proceedings in such claimed, or supposed to belong to some action. third party who has sued or is expected to sue for the same; and that such defendant does not in any manner collude with such third party, but is ready to bring into court, or to pay or dispose of the subject matter of the action in such manner as the court may order or direct; it shall be lawful for the court to make rules and orders calling upon such third party to appear and to state the nature and particulars of his claim, and maintain or relinquish his

on

claim ; and upon such rule or order to hear the allegations as well of such third party as of the plaintiff, and in the meantime to stay the proceedings in such action, and finally to order such third party to make himself defendant in the same or some other action, or in cases before the Court of Common Pleas that Court may order such third party to proceed to trial as in the following section mentioned and direct which of the parties shall be plaintiff or defendant such trial, or in lieu of proceeding as hereinbefore mentioned the Court before which the proceedings are taken may in any case with the consent of the plaintiff and such third party, their counsel or attorney or if from the smallness of the amount in dispute or of the value of the goods seized it appears to such court right to grant such request, then at the request of either party dispose of the merits of their claims and determine the same in a summary manner upon

such terms as the court deems fit to impose and make such other rules and orders therein, as to costs and all other mat

ters as may appear just and reasonable. Proceedings

3. In every case where any superior court where Court desire questions of fact to of law or equity may desire to have any be decided by a

question of fact decided by a jury, it jury.

shall be lawful for such court to direct a writ of summons to be issued out by or persons

such court shall think ought to be the plaintiff or plaintiffs, against such person or persone as such court shall think ought to be defendant or defendants therein, in the form set forth in schedule one to this Act annexed, with such alterations or additions

such court may think proper; and

such person

as

as

thereupon, all the proceedings shall go on and be brought to a close in the same manner as is now practised in proceedings under a feigned issue.

4. The judgment of the Court of Common Pleas in any such action or issue as may decision to be final.

Judgment and be directed by that court and the decision of that court in a summary manner, shall be final and conclusive against the parties, and all persons claiming by from or under them.

5. In all cases of interpleader proceed- Cases of interings in the court of Common Pleas where pleader in Common the question is one of law, and the facts Pleas how disposed

of, where question are not in dispute, the chief judge of the

of law, and facts court of Common Ple

shall be at liberty, not in dispute. at his discretion, to decide the question without directing an action or issue, and if he shall think it desirable, to order that a special case be stated for the opinion of the court.

6. The proceedings upon such case shall, Proceedings to as nearly as may be, be the same as upon any be, as near às may other special case stated in the court of be, a special case. Common Pleas and error may be brought upon a judgment upon such case, and the provisions of any Act as to bringing error upon a special case, shall apply to the proceedings in error upon a special case under this Act.

7. If such third party shall not appear If third party upon such rule or order, to maintain or shall not appear, relinquish his claim, being duly served &c. the court may

bar his claim therewith, or shall neglect or refuse to comply with any rule or order to be made against the originafter appearance, it shall be lawful for the court to declare such third party, and all persons claiming by from, or under them, 'to be for

barred from

prosecut.

ever

« PreviousContinue »