3. For making an analysis of the contents 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 magistrate 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.

Section 6, and that part of schedule A Part II relating to the coroner of dis

CAP. XV.

(Assented to 25th March 1891.) BARBADOS,

An Act to consolidate and amend the Acts of this Island relating to interpleader.

BE it enacted by the Governor, Council,

and Assembly of this Island, and by the authority of the same, as follows;

Short title,

1. This Act may be cited as "The Inter pleader Act, 1891."

Between persons generally.

Upon application

2. Upon application made by or on the behalf of any defendant sued in any court by a defendant in of law in this Island in any action of assumpan action of assit, debt, detinue, or trover, such application ing that the right sumpsit, &c., statbeing 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 apmay order such but 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 claimed, or supposed to belong to some action. proceedings in such 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

Proceedings where Court desire

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 on 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 matters as may appear just and reasonable.

3. In every case where any superior court questions of fact to of law or equity may desire to have any question of fact decided by a jury, it shall be lawful for such court to direct a writ of summons to be issued out by

be decided by a jury.

such person or persons as such court shall think ought to be the plaintiff or plaintiffs, against such person or persons 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

as

such court may think proper; and

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 are not in dispute, the chief judge of the of, where question court of Common Pleas shall be at liberty, not in dispute. of law, and facts 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, as nearly as may be, be the same as upon any be, as near as may Proceedings to 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 therewith, or shall neglect or refuse to bar his claim comply with any rule or order to be made al defendant. 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 ever barred from prosecut