Summary Jurisdiction Law (1995 Revision) THE SUMMARY JURISDICTION LAW (10 OF 1975)

Summary Jurisdiction Law (1995 Revision) Supplement No.4 published with Gazette No. 23 of 14th November, 1995. THE SUMMARY JURISDICTION LAW (10 OF 1975) (1995 Revision) Consolidated with Laws 6 of 1979, 3 of 1981, 3 of 1983 and 11 of 1985. Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 10 of 1975-3rd September, 1975 Law 6 of 1979-9th April, 1979 Law 3 of 1981-20th February, 1981 Law 3 of 1983-22nd February, 1983 Law 11 of 1985-22nd May, 1985 Consolidated and revised this 24th day of October, 1995. Summary Jurisdiction Law (1995 Revision) 2 Summary Jurisdiction Law (1995 Revision) SUMMARY JURISDICTION LAW (1995 Revision) ARRANGEMENT OF SECTIONS PART I-Preliminary 1. Short title 2. Definitions 3. Establishment of summary courts 4. Territorial jurisdiction of the courts 5. Seal of the courts PART II-Judicial And Other Officers 6. Appointment of magistrates 7. Appointment of Justices of the Peace 8. Removal of Justices of the Peace 9. Re-appointment of Justices of the Peace 10. Chief Clerk and other officers of the court 11. Duties of the Chief Clerk PART III-Composition and Jurisdiction of the Courts 12. Composition of the court and exercise of jurisdiction 13. Criminal jurisdiction 14. Civil jurisdiction 15. Law and equity 16. Power to administer oaths 17. General powers of process 18. Procedure when court ceases to be duly constituted during hearing PART IV-Sittings of Courts l9. Places and times of sittings of courts 20. Nature of business at any sitting 21. Adjournments PART V-Practice and Procedure 22. General provisions as to practice and procedure 23. Issue of process 3 Summary Jurisdiction Law (1995 Revision) 24. Duties of constables 25. Interpretation of evidence, etc. 26. Record of the proceedings 27. Office of the court PART VI-General Provisions 28. Procuring attendance of witnesses 29. Refusal of witness to be sworn or give evidence 30. Prisoner as witness 31. Witnesses’ expenses 32. Fees payable 33. Costs 34. Execution 35. Enforcement of orders of the court 36. Proceedings in which magistrate has interest 37. Sale of forfeitures PART VII-Appeals From Decisions of the Courts 38. Criminal appeals 39. Civil appeals 40. Unrepresented litigant to be informed of right of appeal 41. Notice and grounds of appeal 42. Appeal not to have effect of suspending judgment 43. Certified copies of proceedings to be available to parties and to be sent to the Grand Court 44. Setting down appeal for hearing and procedure thereupon 45. Powers of the Grand Court upon hearing appeal 46. Costs in appeals PART VIII-Miscellaneous 47. Judgment may be entered in Grand Court in respect of proceedings determined in summary courts 48. Power to deal with misbehaviour in court, etc. 49. Protection of judicial and other officers 50. Protection of magistrate acting bona fide pursuant to defective order of the court or other magistrate 51. Formal defect not to invalidate court order 52. Representation of parties in proceedings before the court 53. Rules 54. Construction of other laws 4 Summary Jurisdiction Law (1995 Revision) Schedule: Civil jurisdiction of the court 5 Summary Jurisdiction Law (1995 Revision) 6 Summary Jurisdiction Law (1995 Revision) SUMMARY JURISDICTION LAW (1995 Revision) PART I-Preliminary 1. This Law may be cited as the Summary Jurisdiction Law (1995 Revision). Short title 2. In this Law- Definitions “Chief Clerk” means the person appointed under section 10; “Clerk of the Court” means the Chief Clerk or any other clerk appointed under section 10 and who is, at the material time, performing the duties of Clerk of a Court; “Code” means the Criminal Procedure Code (1995 Revision); 1995 Revision “court” means a summary court constituted under this Law; “Judge” has the meaning ascribed to it in the Grand Court Law (1995 Revision); 1995 Revision “Justice of the Peace” means a person appointed under section 7; “magistrate” means a person appointed or acting under section 6, and where the context so admits, the person presiding over a court; and “Police Force” means the Police Force constituted under the Police Law (1995 Revision). 3. (1) There are hereby constituted courts of summary jurisdiction, known as Establishment of summary courts the summary courts, subordinate to the Grand Court and presided over by persons appointed under this Law, and subject to any other law, such courts shall exercise such jurisdiction as is by this Law provided. (2) Subject to this or any other law, the court shall have and exercise all the summary jurisdiction heretofore exercised by the Stipendiary Magistrate or any Justices of the Peace under any laws heretofore in force relating to Stipendiary Magistrates or Justices of the Peace. 4. Subject to this or any other law, the court shall have and exercise jurisdiction Territorial jurisdiction of the courts throughout the Islands and the territorial waters thereof. 7 Summary Jurisdiction Law (1995 Revision) 5. The courts shall have and use a seal of such nature and pattern as the Seal of the courts Governor may prescribe. PART II-Judicial and Other Officers Appointment of 6. (1) The Governor may appoint persons qualified for appointment under magistrates subsection (2) to be magistrates, to have and exercise the powers and jurisdiction of the court as provided by this Law. Every person so appointed shall be, ex officio, a Justice of the Peace. (2) Any person qualified to practice as a barrister or solicitor in England or in an equivalent capacity in a Commonwealth country approved by the Chief Justice as having comparable standards for call or admission to practice and has so practised for not less than five years, shall be qualified to be appointed a magistrate. (3) The Governor may appoint any person to act as a magistrate when there is a vacancy in that office or a person appointed is absent or for any other sufficient reason unable to discharge the duties of that office, and any person may be so appointed to act as a magistrate notwithstanding that he does not possess the qualifications referred to in subsection (2): Provided that where the person appointed does not possess the aforesaid qualifications, the Governor acting with the advice of the Chief Justice may, by the terms of the appointment, restrict any of the powers and jurisdiction which such acting magistrate may exercise. Appointment of Justices 7. (1) The Governor, by warrant under his hand and the Public Seal, may of the Peace appoint any fit and proper person to be a Justice of the Peace for the Islands, and may provide that the appointment in any particular case shall be for any period of time specified; any such appointment shall continue in force until determined under this Law. Any such appointment shall be recorded by entering the name of the person appointed upon the Roll of Justices of the Peace which shall be maintained by the Chief Clerk and all such appointments shall be published in the Gazette. Cap. 112 (2) For the avoidance of doubt and notwithstanding sections 12 and 20 of the Oaths Law, it is hereby declared that the appointment prior to the 20th April, 1981 of a Justice of the Peace under subsection (1)- (a) shall not be invalid by reason only of the fact that the oath of allegiance and the judicial oath were tendered and taken before a 8 Summary Jurisdiction Law (1995 Revision) person other than the person named in the warrant appointing him; and (b) shall be deemed to have been properly made ab initio, and such Justice of the Peace shall not be disqualified by reason only of the fact that there has been any failure by him to comply with any condition specified in the warrant appointing him. (3) Without prejudice to subsection (1), the Governor may appoint any persons to be Justices of the Peace, virtute officii, in favour of the holders for the time being of any public offices by entering the designation of any such offices upon the Roll of Justices of the Peace and publication of the appointments in the Gazette. (4) Subject to any other law, Justices of the Peace shall have and exercise the powers and jurisdiction provided by this Law. (5) Persons who are Justices of the Peace for the Islands at the 1st October, 1976 are, without prejudice to their seniority, deemed to have been appointed under subsection (1). 8. The Governor may direct, at any time, that the name of any Justice of the Removal of Justices of the Peace Peace or the entry in relation to any public office, be removed from the Roll of Justices of the Peace; and upon such removal being notified in the Gazette, such person, or the holder of such public office, shall cease to be a Justice of the Peace 9. The Governor may, at any time, re-appoint as a Justice of the Peace any Re-appointment of Justices of the Peace person who has ceased to be a Justice of the Peace, either upon the expiration of any time specified in the warrant of appointment or in accordance with a direction given in exercise of the power conferred by section 8. 10. (1) The Clerk of the Grand Court shall, ex officio, be the Chief Clerk of the Chief Clerk and other officers of the court summary court. (2) The Governor in accordance with the Public Service Commission Law 1976 Revision (Revised) and after consultation with the Chief Justice, may appoint such other fit and proper persons to be clerks, marshals, bailiffs or other officers of the courts as the proper exercise of the powers and jurisdiction of the courts appears to require. In making any such appointments, the Governor may appoint any of the officers of the Grand Court to be ex officio officers of the summary courts and to perform duties as such in addition to their other duties as officers of the Grand Court. 9 Summary Jurisdiction Law (1995 Revision) (3) Officers of the court shall give security, in such sum as the Governor, from time to time, shall in each case order, for fidelity in the performance of their several duties and for the due accounting for and payment of all monies received by them under this Law. (4) A person appointed as a marshal under subsection (2) shall, in addition to the powers and duties conferred or to be performed by him as directed by the court or as may be provided by any Rules, have- (a) the power to administer oaths to witnesses in all matters before the court or in connection with any proceedings pending before the court; (b) within the precincts of the court and on the order or direction of the court, the power without warrant to take into custody and detain any person until the rising of the court; and (c) all the powers and immunities of a bailiff appointed under subsection (2). Duties of the Chief Clerk 11. (1) The Chief Clerk shall be responsible for the general administration and the maintenance of records of the courts, and in particular for- (a) the composition of all summonses, warrants, orders, convictions, recognisance’s, writs of execution and other documents and processes and the submission of the same for the signature of a magistrate; (b) issuing civil processes in accordance with any summary court rules for the time being in force; (c) making, or causing to be made, copies of the record of proceedings before any courts when required to do so by this or any other law or by the magistrate; (d) recording the judgments, convictions and orders of the courts; (e) receiving, or causing to be received, all fines, fees, penalties and other moneys paid or deposited in respect of proceedings in the courts, and the keeping, or causing to be kept, of accounts of the same; and for the custody and maintenance of all summary courts files and records; and (f) performing such other duties as may be assigned to him generally by magistrates. (2) The Chief Clerk, with the consent of a magistrate, may delegate any of his duties to any clerk or other officer appointed under section 10(2). PART III-Composition and Jurisdiction of the Court 10 Summary Jurisdiction Law (1995 Revision) 12. (1) A court shall be duly constituted by- Composition of the court and exercise of (a) a magistrate, sitting either alone or with one or more Justices of jurisdiction the Peace; or (b) subject to any limitation of jurisdiction imposed by the Chief Justice from time to time, not less than two Justices of the Peace, one of whom, either by agreement between the Justices or by virtue of any direction given in that behalf by the Chief Justice, shall preside. (2) If a court is composed of a magistrate sitting with one or more Justices of the Peace, and a difference of opinion arises in respect of any proceeding before such court, the opinion of the magistrate shall prevail but every dissenting opinion shall be recorded. In any other case the decision of the court shall be the decision of the majority of the Justices of the Peace sitting in the court to adjudicate in the particular case, and if the Justices of the Peace are evenly divided on the matter, the decision shall be given in favour of the person upon whom the onus of proof does not lie, and in any event, every dissenting opinion shall be recorded. (3) Subject to any other law, a court constituted in accordance with subsection (l) shall have and exercise jurisdiction in criminal matters as in this Law provided. (4) The jurisdiction of the courts, when duly constituted in each place in accordance with this section, may be exercised simultaneously in different places in the Islands. 13. (1) Subject to this Law, the Code and any other law, the courts shall have Criminal jurisdiction jurisdiction to try summarily any person charged with a criminal offence in respect 1995 Revision of which jurisdiction is by any law expressly conferred upon a summary court or it is expressly provided or implied that such offence may be tried summarily. (2) Subject to this Law, the Code and any other law, the courts have jurisdiction to hold preliminary inquiries and to commit accused persons for trial before the Grand Court. (3) When any person is apprehended within the Islands under the UK Acts Extradition Acts, 1870 and 1875, the Fugitive Offenders Act, 1881 or the Fugitive Offenders Act, 1967 of the United Kingdom, the jurisdiction of the courts shall be exercised by a magistrate sitting alone, and if any such person is brought before a Justice of the Peace, or a court presided over by a Justice of the Peace, such Justice of the Peace shall cause the apprehended person to be detained in custody and brought before a magistrate sitting alone to be dealt with according to law. 11 Summary Jurisdiction Law (1995 Revision) (4) Where, under any other law, an offence is triable summarily by the Grand Court such provision shall operate as if for the words “Grand Court” there were substituted the words “summary court”. Civil jurisdiction 14. Notwithstanding any other law, the jurisdiction of the courts in civil cases and matters shall be exercised by a magistrate sitting alone and, in addition to any jurisdiction conferred by any other law for the time being in force, the courts shall have jurisdiction in respect of any proceedings, causes or matters specified in the Schedule, and may also exercise any power or jurisdiction in respect of any other civil cause or matter which is expressed under any law to be exercisable by or to be within the jurisdiction of a court of summary jurisdiction or a magistrate. Law and equity 15. (1) In every civil cause or matter which shall be instituted in a court law and equity shall be administered concurrently and, if there is any conflict or variance between the rules of law and equity in respect of the same matter, the rules of equity shall prevail. (2) A court, in the exercise of the jurisdiction vested in it, shall have power to grant and shall grant, either absolutely or on such reasonable terms and conditions as shall seem just, all such remedies or relief whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim or defence properly brought forward by them respectively, or which shall appear in such cause or matter; so that so far as possible all matters in controversy between the said parties respectively may be completed and finally determined and all multiplicity of legal proceedings concerning any of such matters avoided. Power to administer 16. All magistrates, Justices of the Peace and the Chief Clerk are hereby oaths authorised to administer oaths, take affidavits, solemn declarations and affirmations in all matters. General powers of 17. (1) Every magistrate and every Justice of the Peace, in addition to any process powers to issue summonses, warrants and other processes in accordance with the 1995 Revision Code or any other law, shall have power to issue writs of summons for the commencement of any civil proceedings in a court, to receive production of books and documents and make such decrees and orders, issue such process and exercise such judicial and administrative powers in relation to the administration of justice in any matter within the jurisdiction of a court as may, from time to time, be prescribed by this or any other law or by the Rules. (2) Any process issued by a court or any person under this Law in any proceedings, whether civil or criminal, shall have force and effect and may be served or executed in any part of the Islands, and shall remain in full force and 12 Summary Jurisdiction Law (1995 Revision) effect, until executed or cancelled by a court, notwithstanding the vacation of office or death of the person by whom or on whose authority the same was issued. 18. When any magistrate has ceased to be a magistrate or is for whatsoever Procedure when court ceases to be duly unable to sit as a magistrate at the hearing of any proceedings in a court pending constituted during before him after such proceedings have been commenced but not been completed hearing and by reason of his absence the court is no longer duly constituted in such form as to have jurisdiction in the matter, the proceedings shall be re-heard de novo before a court reconstituted in such manner as is necessary to confer jurisdiction under this Law. PART IV-Sittings of Courts 19. Courts shall ordinarily sit at such places and at such frequency as the Chief Places and times of sittings of courts Justice may direct, but should the necessity arise a court may be held in any other place and at such times as the Governor may appoint by order. In the absence of any such directions or order, courts shall be held at the places, and at such frequency, as has been the practice in respect of the courts exercising summary jurisdiction immediately before the 1st October, 1976. 20. At any sitting of a court both civil and criminal causes and matters may, Nature of business at any sitting subject to this Law, be heard, determined and dealt with, or either one or the other, as the magistrate may direct. 21. (1) A magistrate may, at any time, adjourn a court from day to day or to Adjournment any convenient day. (2) If, at any time and place appointed for any sitting of a court, no magistrate is present, the Chief Clerk or in his absence any other officer of the court authorised in that behalf by a magistrate or the Chief Clerk, may adjourn the sitting of the court until such time and to such place as may have been communicated to him by a magistrate or the Chief Clerk or, in the absence of any such communication, to such place and time, not exceeding seven days, as may be convenient. (3) All persons bound to be present at any sitting so adjourned shall be equally bound to be present at the time and place so appointed. PART V-Practice and Procedure 13 Summary Jurisdiction Law (1995 Revision) 22. Subject to any other law, the jurisdiction vested in the courts shall be General provisions as to practice and procedure exercised (so far as regards practice and procedure) in the manner provided by this Law, Rules made under section 53 and by the Code, and in any case for which 1995 Revision no provision is made, but subject to any directions given by the magistrate in any particular case, in substantial conformity with the practice and procedure for the time being observed in England in equivalent courts of criminal or civil jurisdiction in similar proceedings. Issue of process 23. All summonses, warrants, orders, convictions, recognisance’s and other processes of a court, whether civil or criminal, shall be issued under the hand of a magistrate or a Justice of the Peace: Provided that where expressly authorised by Rules, writs of summons and other civil processes may be issued under the hand of the Chief Clerk or a clerk of the court authorised in that behalf by the Chief Clerk. Duties of constables 24. All constables are hereby authorised and required to obey the warrants, orders and directions of a magistrate or a court in the exercise of criminal jurisdiction, and, insofar as such obedience may be authorised or required by any law, of civil jurisdiction. Interpretation of 25. In any proceedings before a court in which the language spoken by any evidence, etc. witness or party requires to be interpreted into English, the presiding magistrate may appoint a suitable person as interpreter, and shall record the name of such person in the record of the proceedings. Record of proceedings 26. (1) Subject to any other law, in all proceedings before the court at every stage thereof, the magistrate shall be responsible for ensuring that a proper record is maintained of the proceedings and that the oral evidence given before such court, or so much thereof as he considers material, is taken down in writing either by himself or by a clerk of the court under his supervision. Any such record of the evidence shall be signed by the magistrate when he has satisfied himself that it is an accurate and faithful record. 1995 Revisions (2) No person shall be entitled, as of right, to inspect the record of evidence given in any case before a court, or to make or receive a copy of the notes or other record of such court, save in accordance with section 43 or as may be expressly provided by the Rules, the Code or the Evidence Law (1995 Revision) but a magistrate or a Judge may authorise such inspection or the making of a copy thereof for any sufficient reason. Office of the court 27. (1) The court shall have an office in Grand Cayman at such place as may be appointed by the Governor, which shall be open for the transaction of public 14 Summary Jurisdiction Law (1995 Revision) business on every day of the year except Saturdays, Sundays and public holidays during the normal working hours of the offices of the government. (2) All records of the court and of all proceedings before the court held in any part of the Islands shall be filed, as soon as may be convenient, at the office of the court in Grand Cayman, and the Chief Clerk shall be responsible for the proper care and custody of such records. (3) Until such time as any place is appointed as the office of the court under subsection (1), the office of the Grand Court shall also be used as the office of the court in accordance with such administrative directions in that behalf as may be given by the Chief Justice. PART VI-General Provisions 28. (1) In any civil cause or matter and, at any stage thereof, a magistrate may, Procuring attendance of witnesses either of his own motion or on the application of any party, summon any person within the Islands to attend to give evidence or to produce any document or thing in his possession or power, and may examine any such person as a witness and require him to produce any such document or thing subject to just exceptions. (2) If any person summoned as provided by this section, having reasonable notice of the time and place at which he is required to attend, after tender of his travelling expenses to and from a court, fails to attend accordingly, and does not excuse such failure to the satisfaction of the court, he shall, independently of any other liability, be guilty of contempt of such court, and a warrant may be issued by such court to compel his attendance. (3) The attendance of witnesses in criminal proceedings before the court 1995 Revision shall be procured and enforced in accordance with the Code. 29. If, in any civil cause or matter any person required to give evidence, whether Refusal of witness to be sworn or give evidence appearing on summons or warrant, refuses to take the oath or affirm, as may be appropriate to his beliefs, or to answer any question lawfully put to him or to produce any document or thing in his possession or power when required to do so, and does not excuse his refusal to the satisfaction of the court he shall, independently of any other liability, be guilty of contempt of the court. 30. (1) A magistrate may issue an order under his hand to bring up any person Prisoner as witness confined as a prisoner, under sentence or otherwise, to be examined as a witness in any civil cause or matter pending before the court, and the gaoler or other person in whose custody such prisoner shall be, shall obey such order and shall 15 Summary Jurisdiction Law (1995 Revision) provide for the safe custody of such prisoner during his absence for such purpose. During such time the prisoner shall be deemed to be in lawful custody. (2) The attendance of a prisoner to give evidence in criminal proceedings before a court shall be procured in accordance with sections 24 and 40 of the Code. Witnesses’ expenses 31. (1) Subject to the Rules or any other law, a court may order and allow to all persons required to attend or be examined as witnesses, in civil or criminal proceedings, such sum or sums of money as shall seem fit as well for defraying the reasonable expenses of such witnesses as for allowing them a reasonable compensation for their trouble and loss of time, but it shall not be lawful in any criminal proceeding for any person to refuse to attend as a witness or to give evidence, when so required by process of the court, on the ground that his expenses have not been first paid or provided for: Provided that the sums payable to any witness shall not exceed the sum which would have been payable to such witness in similar circumstances if the proceedings had been before the Grand Court. (2) All sums of money payable under this section shall be paid in civil proceedings by the party on whose behalf the witness is called, and shall be recoverable as ordinary costs of the suit, if the court shall so order, and in criminal proceedings shall, when not ordered by the court to be paid by the party convicted or prosecuted, be paid out of the general revenue of the Islands. Fees payable 32. The fees and costs set forth in the Rules, or any other law in relation to criminal or civil procedure, may be demanded by the Chief Clerk or other prescribed officer of the court in respect of the several matters therein mentioned; and all fees and costs payable under this Law shall be paid in the first instance by the party applying for the process or other matter in respect of which any such fee or costs are payable: Provided that no fees shall be payable by any public officer or public department of the Government in any case instituted by any public officer when acting in his official capacity or in any case in which a magistrate, upon being satisfied that the party has prima facie a ground of claim, endorses on the summons, plaint, information or complaint, as the case may be, that it is a fit one for the remission of fees and costs on account of the poverty of the party or for other sufficient reason; but in every such case such fees and costs shall, in the discretion of the court, be recoverable from the other party if the decision be given against him. 16 Summary Jurisdiction Law (1995 Revision) 33. The costs in all civil proceedings shall be in the discretion of the court and Costs shall be limited to the fees prescribed by the Rules, and such other reasonable sums as the court may allow for each day of attendance of any party or witness and a proper sum for the costs of advice from and representation in such proceedings by a legal practitioner, if the court considers that the justice of the case so requires. All sums allowed under this section may be recovered as costs in the proceedings if the court so directs. 34. Without prejudice to any other powers conferred upon the court in respect of Execution any case in which any sum is adjudged to be paid as a fine or penalty, by a person convicted of an offence, any judgment or order of the court may be enforced by sale of the goods of the party against whom the judgment is given or order made, or by the attachment of money due to him from any third party: Provided that the wearing apparel and bedding of a person and his family, and the tools and implements of his trade to the value of one hundred dollars, shall not be taken under any distress issued by the court. 35. (1) In any case in which the court, exercising any power conferred by this Enforcement of orders of the court or any other law, requires any person to do or abstain from doing any act or thing other than the payment of a sum of money, and no other mode of enforcement is prescribed by any law, the court may exercise such power by an order, and may annex thereto any conditions as to time or mode or action as may seem fit and may suspend or rescind such order on such undertaking being given or condition performed as to the court may seem just. The court may make such arrangements for carrying such power into effect as may seem expedient. (2) Any person making default in compliance with any order given under subsection (1), upon proof of default, may be ordered to pay to the court, or to any party injured thereby, a sum not exceeding ten dollars for every day during which he is in default or to be imprisoned until he has remedied his default, and the payment of any sum ordered to be paid under this subsection may be enforced by the court in the same manner as a fine: Provided that no person shall, in respect of the same default, be imprisoned under this section for a period or periods amounting in the aggregate to more than three months or be subjected to a fine or fines amounting in the aggregate to more than two hundred dollars. 36. Where any cause or matter to which a magistrate is a party or in which he Proceedings in which magistrate has interest has a personal interest is pending before the court, or for any other sufficient reason he considers it would be improper for him to adjudicate in any particular case, he shall withdraw from the court, and, if necessary in order to ensure that the 17 Summary Jurisdiction Law (1995 Revision) court is duly constituted after his withdrawal, shall arrange for another magistrate to sit or preside, as the case may be, in his absence. Sale of forfeitures 37. Subject to any other law, forfeitures, other than money, which are in respect of an offence tried by a court may be sold or disposed of in such manner as the magistrate may direct, and the proceeds of such sale applied and accounted for as if such proceeds were a fine imposed by the court in the same proceedings. PART VII-Appeals From Decisions of the Courts Criminal Appeals Criminal appeals 38. In any criminal cause or matter, appeals from judgments or orders of the 1995 Revision court shall lie and shall be conducted in accordance with and subject to the Code, and this Part shall not apply in the case of such appeals. Civil Appeals Civil appeals 39. Subject to this or any other law, in any civil cause or matter an appeal shall lie to the Grand Court- (a) from any final judgment or decision of the court in any proceedings; and (b) from all interlocutory orders of the court in the course of any proceedings: Provided that no appeal shall lie, except by special leave of the court or of the Grand Court, from any order or decision made by consent, as to costs only or by default for want of appearance or otherwise: Provided further that the party seeking special leave shall make oath in writing setting forth his grounds of appeal and the reasons why he did not appear at the hearing or trial, and that such appeal involves a matter of substantial justice. Unrepresented litigant to 40. The court, upon giving any judgment or decision from which an appeal lies be informed of right of under section 39 shall inform any party, who is present in court and who is not appeal represented by a legal practitioner, of his right of appeal, and a note shall be made in the record of the court that such information has been given. In any such case the Chief Clerk shall, whenever required, furnish such intending appellant with the necessary form of notice and recognisance of appeal and explain to him the procedure to be followed. 18 Summary Jurisdiction Law (1995 Revision) 41. (1) An appellant shall either give oral notice of appeal in court, if the Notice and grounds of respondent is present at the time, immediately after the giving of the decision appeal against which he desires to appeal, or shall deliver a written notice of appeal, signed by the appellant or his legal representative, to the Chief Clerk and to the respondent within seven days after such decision is given; and in either case, within a further period of seven days after the first such period, shall deliver to the Chief Clerk and to the respondent a statement in writing, signed by the appellant or his legal representative, setting forth the grounds of his appeal and shall enter into recognisance, with or without sureties, as the court may direct in such sum, not exceeding the amount, if any, in issue in the appeal and a further sum not exceeding twenty-five dollars in respect of the costs of the appeal, as the court shall direct, for the due prosecution of the appeal and the compliance by the appellant with all judgments, orders or other decisions of the Grand Court in the matter, and, if the appeal is not allowed the payment of any sum adjudged to be paid together with all costs of the proceedings in the court and in the appeal, if the Grand Court shall so direct: Provided that the time shall not commence to run for the purposes of this section until a copy of the decision against which the appeal is to be made has been drawn up and is ready for delivery to the appellant upon his application for the same: Provided further that in any case the Judge may grant an extension of either period for any sufficient reason and subject to any conditions which seem to him to be fit. (2) If the appellant fails to serve notice and grounds of appeal and to enter into a recognisance in accordance with subsection (1), his right of appeal shall cease and determine and the party in whose favour the decision of the court was made shall be at liberty forthwith to enforce the same according to law. 42. The giving of notice of appeal in accordance with this Part shall not have the Appeal not to have effect of suspending judgment effect of suspending the execution of the decision appealed from pending the determination of the appeal, unless the magistrate or Judge, upon application made, shall so direct; but upon application made by either party, after notice of appeal has been given, the court or the Judge may make such order as it deems fit for the detention or preservation of any property which is the subject of the proceedings or as to which any question arises therein. 43. The Chief Clerk shall supply to any party to an appeal applying for the same Certified copies of proceedings to be a certified copy of the evidence taken, proceedings had and decision made in the available to parties and matter to which the appeal relates, and shall make up, certify and transmit to the to be sent to the Grand Grand Court not later than fourteen days or such further time as may be allowed Court 19 Summary Jurisdiction Law (1995 Revision) by the Judge, after the delivery of the judgment or decision from which the appeal is made, the original or copies of all original documents, a copy of the evidence taken, proceedings had and the decision made. Setting down appeal for 44. (1) The Clerk of the Grand Court may list for hearing, at the next ensuing hearing and procedure sitting or adjourned sitting of the Grand Court, every appeal in which the grounds thereupon of appeal have been lodged seven clear days before such sitting or adjourned sitting. 1995 Revision (2) The practice and procedure in relation to the hearing of appeals by the Grand Court, and for the enforcement of the decision upon any such appeals, shall be as prescribed by the Grand Court Law (1995 Revision) but in any circumstances in which no provision is made for some matter or any difficulty shall arise the Judge may give directions as to the procedure to be followed. Powers of the Grand 45. (1) The Grand Court shall have power upon the hearing of any appeal to Court upon hearing the confirm, reverse, vary or modify the decision against which the appeal is made or appeal to return any matter to the court, with the opinion and directions of the Grand Court thereon, or to set aside the proceedings and order a new trial or to make such order in the matter as it may think just, and may, by such order, exercise any power which the court could have exercised; any such order shall have the same effect and may be enforced in the same manner as if it had been made by the court. (2) In the exercise of its appellate jurisdiction the Grand Court may amend any defect in form in any part of the proceedings, or may allow any party to amend or correct any defect or irregularity upon such terms as to the Judge seems just; and no proceeding shall be set aside for defect of form or similar irregularity where it appears that the party called upon to answer had due notice of the claim or the appeal, as the case may be, and that no miscarriage of justice has thereby been caused. (3) The Judge shall endorse upon the record of the hearing of the appeal the decision of the Grand Court including any order as to costs and the Clerk of the Court shall, on the application of any party entitled, certify the whole amount payable, including any costs, in respect of the proceedings to which the appeal relates and issue all necessary warrants for the recovery of the whole by distress or otherwise, and the same may be enforced in the same manner as any judgment of the court in the exercise of its civil jurisdiction. Costs in appeals 46. The costs payable by any party at any stage of or in respect of any matter arising out of any civil cause or matter before the court, in relation to which an appeal is made, shall be in the discretion of the Grand Court. 20 Summary Jurisdiction Law (1995 Revision) PART VIII-Miscellaneous 47. (1) The Judge, if satisfied that a person, whether resident in the Islands or Judgment may be entered in Grand Court in respect not, against whom a judgment for an amount exceeding fifty dollars has been of proceedings obtained in the court (whether by way of claim, counterclaim, costs or otherwise), determined in summary has no goods or chattels within the Islands which can be seized conveniently to courts satisfy the judgment, if he thinks fit, upon application made by the party entitled to the benefit of the judgment and upon such terms as to costs as he may direct, by order under his hand and the seal of the Grand Court, may remove that judgment into the Grand Court. (2) Upon the removal of a judgment into the Grand Court in pursuance of subsection (1), no further proceedings shall be had or taken thereon in the summary court and the judgment shall be entered into the Grand Court for the amount due and payable under such judgment together with costs, and a judgment so entered shall have the same force and effect and the same proceedings may be had thereon as if the judgment had originally been obtained in the Grand Court. (3) This section shall apply to orders obtained in the court as it applies to judgments there obtained. 48. Without prejudice to any other law or any other powers invested in the court, Power to deal with misbehaviour in court, any person who- etc. (a) wilfully insults the court or any magistrate when exercising his judicial functions or any legal practitioner or witness during his attendance at the court; or (b) wilfully interrupts the proceedings of the court, or otherwise misconducts himself in the presence of the court, is guilty of an offence, and any constable may, by order of the court, take the offender into custody and detain him until the rising of the court, and the court may also, if it considers fit, commit the offender to prison for thirty days or impose a fine of fifty dollars for any such offence. 49. (1) Neither the magistrate nor any Justice of the Peace shall be liable to be Protection of judicial and other officers sued in any civil court for any act done or ordered to be done by him- (a) when acting within his jurisdiction and in the discharge of his judicial functions; or (b) whether or not within the limits of his jurisdiction, provided that he at the time and in good faith, believed himself to have 21 Summary Jurisdiction Law (1995 Revision) jurisdiction to do or order the act complained of, unless it is proved that he acted maliciously and without reasonable cause. (2) No officer of the court or other person, bound to execute the lawful process or order of the court or of any magistrate, shall be liable to be sued in any civil court for the execution of any process or order, whether or not it was within the jurisdiction of the court or magistrate issuing the same, if he would be bound to execute it if it had been within such jurisdiction. (3) No action shall lie against any magistrate or Justice of the Peace in respect of anything done pursuant to a conviction or order unless such conviction has been quashed or such order set aside or rescinded. Protection of magistrate 50. In any case in which any conviction, order or judgment is made by any court acting bona fide and any distress, commitment or process is granted thereon in good faith by any pursuant to defective order of the court or magistrate or Justice of the Peace no action shall lie against such person by reason other magistrate of any defect in such conviction, order or judgment or for any want of jurisdiction by the court making the same. Formal defect not to 51. No order made by the court shall, for want of form only, be quashed or invalidate court order removed by certiorari into the Grand Court in any case in which it is alleged that the party therein referred to is required to do or abstain from doing anything and there is a valid direction or judgment of the court to sustain the same. Representation of parties 52. (1) Any party to any proceedings before the court may be represented by in proceedings before the an advocate as defined in the Judicature Law (1995 Revision). court 1995 Revision (2) In any case in which the Crown, any public officer acting in his official capacity or any department of the Government is a party in any civil cause or matter before the court, the Crown, such public officer or department may be represented by the Attorney-General, any officer of the Attorney-General’s Department or by any other person authorised in writing in that behalf by the Attorney-General. Rules 53. (1) The Rules Committee, constituted under section 19 of the Grand Court 1995 Revision Law (1995 Revision), may make Summary Court Rules for the purpose of giving effect to this Law and prescribing all matters of practice and procedure required to be prescribed for the proper exercise of the jurisdiction of the court. (2) Without derogation from the generality of the foregoing power, such Rules may provide for- 22 Summary Jurisdiction Law (1995 Revision) (a) any matter of procedure in any civil proceedings before the court and the forms to be used and fees to be paid in any such proceedings; (b) the regulation of any matter as to the forms to be used and the procedure upon giving notice of appeal from decisions of the court and the giving of any recognisance thereupon; (c) the procedure applicable to the execution of distress warrants and for the sale of goods seized thereunder and matters incidental thereto; (d) the mode of giving security in respect of any matter or proceeding within the jurisdiction of the court; (e) the conditions, including the payment of any charge or fee therefor, upon which certified copies of any court records may be obtained in circumstances for which no provision is made under this or any other law; (f) the rates and scales of payment to witnesses in respect of expenses; and (g) the taxation of costs in proceedings before the court. 54. In any other law any reference to the magistrate, a Justice of the Peace, two Construction of other laws or more Justices of the Peace, the Petty Court or any other court exercising summary jurisdiction shall be construed as a reference to the exercise of the equivalent jurisdiction by a summary court. 23 Summary Jurisdiction Law (1995 Revision) SCHEDULE (Section 14) Civil Jurisdiction of the Court 1. Any proceedings for the recovery of any sum of money expressed to be recoverable summarily. 2. Any proceedings, whether arising in contract or tort (or both) or in respect of trespass to land, where the debt or damage claimed does not exceed two thousand dollars and in which no question of title to any real property arises. 3. Any proceedings in respect of which civil jurisdiction is by any law conferred upon a magistrate or upon a court of summary jurisdiction. 4. Any claims for relief by way of interpleader in respect of any property attached in execution of any decree or order made by the court. Publication in consolidated and revised form authorised by the Governor in Council this 24th day of October, 1995. Mona N. Banks-Jackson Clerk of Executive Council 24