the Defendant; and if the Plaintiff become Nonsuited, or discontinue his Action or Suit; or if, upon Verdict or Demurrer, Judgment shall be given against the Plaintiff; or if the said Action shall be brought in any other Court than the said Supreme Court, then and in either of said cases the Defendant shall and may recover full Costs, to be Taxed as between Attorney and Client, and have such Remedy for the same as any Defendant hath in any other case by Law. Bonds, &c., givpealed Acts, to en under re remain in full force, for cer tain purposes. LXIV. All Bonds or Recognizances given under or by virtue of the said repealed Acts, or any of them, shall be and the same are hereby declared to be and remain in full force and effect, for the Purposes for which the same were respectively given, notwithstanding the repeal of. the said Acts; and such Bonds and Recognizances shall and may, after this Act shall go into How proceeded operation, be sued upon, enforced and recovered in Her Majesty's Supreme Court of Judicature, or in any Court constituted under this Act, at the option of the Plaintiff. upon. Commissioners appointed un der Acts hereby and adjudicate for Thirty days shall go into repealed, to act after this Act operation. LXV. The Commissioners of Small Debts heretofore appointed, and now acting under and by virtue of all or any of the Acts hereby repealed, shall continue to act and adjudicate, under the Provisions thereof, for and until the end of Thirty Days after this Act shall go into operation-for which purpose, and also for sustaining such acts and adjudications, and of all Proceed-taining such adings heretofore had or hereafter to be had or judications, &c. pending in the said Courts, the said Acts hereby repealed, or so many of them as are now unrepealed, shall be held to continue in force; nor shall anything in this Act contained prevent any of the said Commissioners who, previous to the expiration of the said Thirty Days, shall have issued any Summons, from adjudicating thereon ot to prevent within the said judicating in all cases commen Commissioners, period, from ad ced by them. to office of Coin missioner, not to vacate the seat of any or from issuing Execution or Executions for the Judgment or Judgments previously given, or that may be given in any such cases where Summonses have already been issued, or from fulfilling and perfecting all and singular the Business commenced under and by virtue of the powers vested in them by the said repealed Acts, or any of them, in so far as the same can be done and completed previous to the expiration of the said period of Thirty Days, under the Provisions of the said Acts hereby repealed. LXVI. The Reappointment of any Member Reappointment of the present House of Assembly to the Office of Commissioner of Small Debts, under this Act, shall not extend, or be construed to extend, to vacate the seat of such Member-any Statute, Usage or Custom, to the contrary, notwithstanding. member of present House of Assembly. alties, how recoverable. LXVII. All Fines and Penalties imposed by Fines and Pen- this Act shall be recoverable, with Costs, on the Oath of one or more credible Witness or Witnesses, unless where otherwise directed, before any Court to be constituted under this Act, where such Fine or Penalty shall not exceed the Sum of Twenty Pounds; and if above that Sum, by Action in Her Majesty's Supreme Court of Mode of appro- Judicature; and unless where otherwise appropriated, they shall be paid into the Treasury of this Island, to and for the use of Her Majesty's Government. priation. No other or greater Fees to be taken than are allowed by this Act. LXVIII. No Person acting under and by virtue of this Act shall take or receive, directly or indirectly, any greater or other Fee or Fees, for his Services, than is or are mentioned and allowed in the Table of Fees to this Act annexed. voke appointments of Clerk. Clerk to deliver up Books, &c. to LXIX. If any of the said Courts of Commissioners under this Act shall see fit, at any Time, Court may reto revoke any Appointment of a Clerk made by it, it shall be authorised so to do; and the Books and Records, Papers, Securities, Moneys and Documents kept by the Clerk as aforesaid, or in his Custody or Possession, shall, on his going out of Office, be handed over to the Commissioners constituting the said Court; and upon his neglecting or refusing to deliver up the said Books, Records, Papers, Securities, Moneys or Documents, or any of them, when demanded, he shall forfeit and pay, for such Offence, a Sum not exceeding Twenty Pounds, besides the value Penalty for neto the several Parties injured of all such Books, Records, Papers, Securities, Moneys and Documents so in his hands-the same to be recovered, with Costs, in the Supreme Court of Judicature of this Island, and applied to and for the use of Her Majesty's Government. LXX. This Act shall commence and go into force and operation on the First day of June, in the Year of our Lord One thousand eight hundred and fifty-two, but not sooner. glect or refusal. Mode of recovery, and appli cation of Penalty. When this Act operation. shall commence Duty of Clerks missioners' of former Com Courts. LXXI. It shall be the duty of each Clerk of the Courts of Commissioners for the Recovery of Small Debts, constituted and acting under or by virtue of all or any of the Acts of the General Assembly of this Island hereby repealed, within Thirty Days after this Act shall go into operation, to return and hand over to the Court to be constituted under this Act which shall hold its Sittings the nearest to the Court of which he is Clerk, all Books, Records, Documents, Papers, Writs and other Writings, Matters and Things, in his charge and custody as such Clerk as aforesaid, and duly entered and made up; and the Court under this Act, immediately after the tuted under this Courts consti Act, to have jurisdiction ov er all Matters, after expiration undetermined, of 30 days. ceeding to be altered, &c. same shall be duly lodged therein, shall have Jurisdiction over all Matters and Judgments pending or undetermined, or recovered in the Court from which such Books, Records, Documents, Papers, Writs and other Writings, Matters and Things, proceed, and shall have Power to hear and adjudicate therein and upon, and to issue Execution on Judgments already recovered in said last mentioned Court, as fully and effectually, to all intents and purposes, as if the said Court under this Act had originally entertained the Suit or Suits, or Judgments or other Proceedings returned out of any such Court constituted as aforesaid under the Acts hereby repealForms of pro- ed, or any of them-the Forms of Proceeding being altered to meet the circumstances of each case: And every such Clerk of the last mentioned Courts neglecting or refusing to make such Return, or to hand over such Books, Records, Documents, Papers, Writs or other Writings, Matters or Things, so duly entered and made up as aforesaid, to such Court under this Act nearest to the Court of which he is or has been Clerk, within the Period aforesaid, shall forfeit and pay, for such Offence, to each Person aggrieved thereby, a Sum not exceeding Twenty Pounds, besides the Value of the Papers or other Documents belonging to each Person aggrieved -the same to be recovered, with Costs, in any Court constituted under this Act, and paid to the Party or Parties aggrieved. Penalty on Clerks for neg lecting to com ply with the provisions of this section. Mode of recov ery, and application of pen alty. missioners un Acts, in case of LXXII. In case of the Death of any Clerk Duty of Com- of any such Court so constituted and appointed der repealed under the several Acts hereby repealed, or any Death of Clerk. of them, before the space of Thirty Days after this Act shall go into operation, it shall be the Duty of the Commissioners, or One of them, appointed under the said repealed Acts, of the Court to which such Clerk may belong, to hand glect, &c. over and make return, in the same manner as the Clerk is required to do by the last preceding Clause of this Act, and under the same Penalty Penalty for neand Fine, in each case, as is therein inflicted on such Clerk neglecting or refusing, besides the value of the Papers and Documents, as therein mentioned, and also recoverable in the last pre- Penalty, how ceding Clause mentioned: And the Court constituted under this Act shall have like Jurisdiction and Authority to proceed, after such Return made under this Clause, as it would have had if the Return had been duly made by the Clerk, as herein before set forth. space LXXIII. The Clerk of every Court for the Recovery of Small Debts shall, in the month of June, in each Year, make out a correct List of all Sums of Money belonging to Suitors in the Court, which shall have remained for the of Twelve Calendar Months, before the First day of the Month of January, specifying the Names of the Parties for whom and on whose account the same were so paid into Court, and a Copy of such List shall be put up and remain during Court-hours in some conspicuous part of the Court-house or other Place, and at all times in the Clerk's Office. LXXIV. The Clerk of each Court for the Recovery of Small Debts, to be constituted under this Act, shall annually, on the last Monday in January, in each Year, send in to the Office of the Colonial Secretary of this Island an Account and Return, in Writing, of all Fees which, during the Year ending on the Thirty-first day of December last preceding the date of each Return, shall have been received by him, or by the Commissioners, and Constables or Bailiffs, of the Court to which he belongs, and also an Account of the Amount of all Sums, during the like Pe recoverable. Jurisdiction, with reference to Returns clause. |