Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698077758055.pdf (Guyana)
198 Cap.

7.)

Supreme Court.

CHAPTER 7.

SUPREME COURT.

Liai of Subsidiary Legialation.

1.

Assignment Murder.

for the Defence of Pauper Prisoners charged with of Title.

2.Declaration Council 3.

Legislative 4.

Legislative Council 5.

Prize Court (Fees).

6.

Legal Practitioners Fees.

and Registry Elections.

Elections Rules.

to Court).


(Applications Petition The following Rules are omitted from this Edition, as they are shortly to be revoked BChedule)- and replaced by new rules (Ordinance 26 of 1949, s. 7 and first Court (Obtaining evidence Tri- for Foreign process for Foreign Tribunals).

1.Rules of Court, 2.Rules of the Supreme HIOO.

bunals).

Court (Serving May 3rd, 1910.

1916.

February, 3.Rules of the Supreme 4.

Rules of Court, 5.

Rules of Court, 6.Rules of the Supreme Court, 7.


Rules of the Supreme 8.

Rules of Court, 9.

Rules of Court (Amendment 10.Rules of Court (Amendment May, 1920.

Court (Poor No.

1), 1947.

No.

1), 1948.

1932.

1925.

Persons) Bulee 18th Deo., 1886. f O'r the Assignment f O'r the Defence of Pau'J)e' Prisoners charged RULES wit,k Murder.
On the 18th December, that the to the following extent- 1885, the Judges resolved rules be modified 1.That the list of counsel shall not kept by the Registrar the names of such counsel include standing such counsel the date of their call the Registrar shall insert the top of the list.
at the Bar from the dates of their call; that as soon as of two years from their names at shall have attained a standing as are of less than two years 2.That the Registrar shall, subject personally, to the directions with the accused COIDDlunicate Chief Justice, either of the his situation or other com:eetent 88 regards the the medium of the Marshal, or through officer, explaining to the accused employment thereupon, oontained such other paragraphs Justice of counsel according in the several may oonsider necessary.
to the tenor and substance paragraphs as in any particular of what is and of the annexed letter, case the Chief in his defence, and taking his answers 3.That the assignment be made according of oounsel in each case shall not to the order of counsel in the necessarily list, a larger others, but may be made in any order or to the effect of assigning proportion according of defences 88 the Chief to one or more counsel Justice may think fit.

than to DECLARATION RULES OF THE SUPREME COURT = of OF TITLE.
made by the Judges and ·awove,o, by the Governor and Court of 14th Jane.

Policy on the 14th June, 1923. um.

1.In these rules " property profit a prendre, " means and includes or other right, connected land, or � � with popeny .

any easement, land.

2.

(I) Application of title to the court for a declaration under � 4 (I) of the Title to Land (Prescription shall be made by petition, intituled and in the to which it relates or title.

Cap.

IM.
Cap.

IM.

of section the provisions and Limitation) in the matter of the property matter of the Ordinance Ordinance .

(2)The petition shall oontain a statement of all the material facts upon which it is based, property nature and extent, thereof to which it relates, as the case may be.
and describe with particularity and state the boundaries, the or the (3)A plan of the property shall be annexed unless the oourt, summary manner before upon the application the petition to the petition, in a is filed, dispenses of the .petitioner therewith.

Ptaa.

(4)The petition shall be filed in the registry or affidavits verifying of court together the facts stated with an affidavit thereof.
support 3.A notioe in the form given in the schedule so 88 the circumstances of the case will allow, hereto, signed nearly the _petitioner in the Gazette or his solicitor, and a daily newspaper shall be published cu,oulating simultaneousl in the oounty in or 88 = by Boliedale y bm 1.

200 Cap.

7.]

Supreme Court.

where the subject consecutive Saturdays.

matter of the petition is situate on three Servioe of petition, etc.

4.
4.

(I) Within seven days after the date of the first publication so mentioned (as the case may be), and of any affidavit in support in rule 3, the petitioner land adjacent shall serve each in the to that mentioned prescribed of the notice owner and occupier of petition, or of the land itself with a copy of the petition and of the notice thereof of court an affidavit �fleeting aforesaid, of that service the same upon the last person to be served.
in a and shall file in the registry within four days after of the petitioner (2)The court may, on the application dispense either wholly or in part, with the summary manner, service by this rule prescribed.

Entry of oppoaition.

Bohedule form 2.


5.Within the time limited by the notice by rule 3, prescribed to oppose the petition ") sha11 file .in the registry in the form given in the schedule hereto, in these (hereafter of court a " respondent any person intending rules called of opposition notice together with an affidavit tion, and serve a copy of the notice the petitioner.

or affidavits in support of the opposi­ and of any affidavit upon Entry for hearing.

6.
6.

(I) Within one month after the expiration prescribed by rule 3, the petitioner of the time shall for hearing and give notice to any respondent limited in the notice enter the petition that he has done 80.

Notioe of hearing.

(2)The Registrar of the court shall give to the petitioner and any respondent fixed for hearing.

not less than ten clear days notice of the day (3)The petition and any respondent counsel.
shall be heard in court, may appear thereon and the petitioner in person or by Attendance for Cl'OIIII eumination.

(4)The court may, of its own motion, or upon the application of the petitioner the hearing affidavit or any respondent, for cross-examination or the petitioner of any deponent relies.

that respondent order the attendance at upon whose Judgment or order in Registry of Deed&.
7.The Registrar of Deeds, upon production judgment to him of an either before office copy of any declaratory court, under the aforesaid further person or persons or after th�c rules have come into force, provisions without of the Ordinance, convey to, or register shall, in favour of, the and at his whose title has been 80 declared proceeding, or order made by the Supreme CO'Urt.

·----------------------------- [Cap.

7.

201 or their expense order.


in that judgm ent or the property mentioned 8.Service the document attorney, attorney's, (c)to his solicitor.
under these rules may be effected to be served (a) to the party to be served by delivery of � oe 0� ocumen • or (b) to any adult inmate or employee last known or usual place of abode or business, or or his at his, or his 9.A petition by the petitioner under these rules if it is not opposed, of pe and, if it is or upon the petitioner at any time after the expiration thereto withdrawn the time limited opposed, with the leave of the court, producing signed to the registrar by each respondent.
for entry of opposition of the court a consent to withdrawal may be w��wing 10.Costs of and incidental to applications as of applications under these rules Coate.

for interlocutory shall be taxed and allowed orders.

11.Nothing to institute prescription.

� ving llllit in these rules shall affect the right of any person of title to property of title.
a suit for a declaration by declaration 12.Order I., Part II., of the Rules of the Supreme rule 11 thereof, shall not apply to petitions Court, �fC�� under · ·• · 1900, except these rules.

13.These rules may be cited as Rules of the Supreme (Declaration of Title).

Court Short title.

SCHEDULE.

FORM 1. r.a.

IN THE SUPREME COURT O,J!'

BRITISH GUIANA.

DEOLARATION OF TITLE.

Petition No ............. of 19 ... .

[FIRST PUBLICATION] NOTICE.

A.B., of, etc.


(address by prescription and description) to the property has presented a petition in the schedule k de.scribed for a eAe -mag declarat hereto.

ion of title Any person intending to oppose after the date of the first publication in the City of Georgetown notice of his opposition and an affidavit or affida vi te the said petition of this notice, must, within file in the registry of court one month Or8110011D orTJIIllDIU 202 Cap.

7.]

Supreme Ooort.
7.]

Supreme Ooort.

in BUpport said A.B.

thereof, and serve a copy of the notice and any affidavit upon the (Un"less the ooun has dispensed with a plan add:) The said petition inspected at the said registry is accompanied during by a plan of the property office hours.

which may be Dated the.

___ ....................... 19 ..... day oL .............. .

___ ............ (a) (G) Thia mmt be the dat.e of theiaae of the Gazette and daily uenp,.per.

(Signed) A.B.

Petitioner.

(or Signe.d) E.F.


Solicitor for tM Petitioner.

8cHEDULE.

(Here describe right enjoyed therewith, and with particularity state the boundaries, for service The address the land, easement, profit.

a prendre, or the nature and e:r:tent therl!()f.)

or other of the petitioner is his residence Memorandum.

Or: The address aforesaid.

said solicitor, in the City of Georgetown.


Mr. E.F., No for service .................... of the petitioner is at the office of his ...... ..................................... .. Street, _ ... _____ .......... r.l.

FORM 2.

IN THE SUPREME COURT OF BRITISH GUIANA.

In the matter of title.

of a petition ·-··· No ...... .. ·· ....... of 19 ...... , by A.B.

for a declaration To the said A.B.

And to the Registrar of the Supreme Court.


Take notice that G.D. intends or affidavits to oppose the said petition of (name or names of deponent on the grounds or deponents) in the affidavit stated filed with this notice.

Dated the ..... _..... .. .

................... .19 ...... .

............ day of... .

(Signe,d) G.D. Respondent, .

(or Signe.d) E.F.

Solicitor for the said G.D.


This notice was filed by the said G.D. who resides and whose address for service is at (mention city, town, or village of residence).

Or: This notice was filed by E.F. of {addreBB) who resides is at (address of solicitor) of petitioner aforesaid.

as above) at (residence solicitor and whose addreBB for the said 0.

D. for service Swpreme Court.

[Cap.

7.

203 .LEGISLATIVE COUNCIL ELECTIONS.


RULES RulN 12th Nov., made by .e Ruk-making of {he Su� reme Court Ordinance section A uihority coostitured under se,ct,ion 7 5 UN&.

of 'JXYWerB conf errei1 by in exercise 93 of the Le,gisuJJ,ive Council (Elections) Ordinance, 1945*.

·1.

These rules may be cited as the Legislative Council Short title.

Election Petitions Rules.

2.
2.

In these rules, otherwise requires, the following expressions shall, herein the In�tion unleBS pre aBBigned have the meanings context to them- " Court " means the election court as defined in the Ordinance; " election expenses return," "authorised tion," the excuse" shall have respectively them in the Ordinance; excuse," expenses " election declara­ and "date of the allowance of ascribed to the meaning meaning ascribed "judge" and "Registrar" to them in the Supreme " means the Legislative Council Cap.
7.

(Elections) shall have respectively Court Ordinance; the " Ordinance Ordinance, 1945; " means an election "petition " petitioner petition; " means a person who presents a petition to 13 ofl9'6.

the Court; " respondent " means the member whose return or election in a petition; is questioned " returning officer " means the returning officer of an electoral conferred district appointed by section 14 of the Ordinance; by the Governor under the powers 3.
( l) A petition ?f the �te of publica.tio m section shall be presented 1;t in the Gazette 32 of the Ordinance; within of the notice twenty-one days Time for � prescribed that- Provided (a)a petition the ground of a corrupt payment practice of money or some other act to have been made or and .specifically questioning the return or the election upon alleging a •This Ordinanoe (No.

13 of 1946) ia omitted (Ordinanoe No.

26 of 1949, a.

7 and lat Sohedule).

&om thia Edition, but remaiua in foroe Cap.

7.]


Supreme Ooort.
or by an agent of the member, .or with the of the member or of his election agent m pursuance by the member whose election done since the date aforesaid is questioned privity or in furtherance respects such corrupt within twenty-eight other act; of such corrupt practice, practice be presented days after the date of such payment may, so far as at any time or (b)a petition questioning the return or of an illegal practice the election may, so far as respects upon practice, be presented within the time following, an allegation such illegal that is to say- (i)at any time before the expiration days after the date of the publication section election questioned; in of the summary of the is of the member whose election 54 of the Ordinance return expenses of twentv-eight as prescribed alleges (ii)if the petition a payment specifically by the member whose election of money or other act to have been made or done since the date of such publication or by an agent of the member, member or of his election ance of the illegal may be presented petition days after the date of such payment agent in pursuance of the or with the privity practice or other act.
alleged or in further­ in the petition, the is questioned at any time within twenty-eight of paragraph to the (b) of the proviso excuse for where there is an authorised as to the of the Ordinance with the provisions return and declarations, then in such case of the excuse or, if there were a (2)For the purposes preceding sub-rule, non-compliance election expenses the date of the allowance failure at different times, shall be substituted Gazette in two or more particulars the date of the allowance and the excuse was allowed of the last excuse, of the summary referred for the date of the publication in the to in the aforesaid paragraph.
Amendment of petition.

4.The Court or a judge may, at any stage of the proceedings, allow the petitioner manner and on such terms as may seem just: that no amendment to alter or amend his petition in such for the purpose of adding an of a corrupt Provided allegation made within return illegal preceding or the election practice rule.
or illegal practice shall the time within which a petition upon the allegation might have been presented of such corrupt under the last be allowed, unless the or questioning Supreme Court.

[Cap.

7.

205 5.A petition shall- (a)state the right of section 80 of the Ordinance; the petitioner to petition Co nt.mt.

1111d form of under petition.
(b)state the holding briefly, the facts and grounds (c)be divided into numbered and the result relied of the election, and, the prayer; on to sustain paragraphs each of which, as may be, shall be confined to a distinct portion as nearly of the subject; (d)conclude should be declared election enforced should be declared or as the case may be; with a prayer that some specified or that the duly returned or elected, person void, or that a return may be (e)be signed by the petitioner or by all the petitioners, if more than one.
6.

The presentation of a petition and the Registrar shall be made by leaving it Ma nn� or the officer pr-.

shall, if is delivered to whom the petition at the office of the Registrar, of his department required, give a receipt to these rules or to the like effect.

therefor -in the Form II in the schedule Form II.


7.On presentation of a petition of the fact of such presentation the Chief Justice � blioa tu; shall settle of �:�: 0 and of the substance a notice the petition notice and the Registrar shall forthwith in the Gazette and one daily newspaper publish such in the Colony.

8.

(I) Notice of the presentation of a petition security together and of the 8enioe on with a copy of nsponclent.
within ten days after the presentation be served by the petitioner or his agent on nature of the proposed shall, the petition of the petition, the respondent in person.

(2)The petitioner file with the service, manner of the service.

or his agent shall, Registrar an affidavit after such immediately of the time and 9.
(I) The petitioner shall in his petition whom he authorises give the name and � to act on his behalf of a solicitor address state that he acts for himself, address for service within (2)A respondent and shall in either case give an �£:.

for one mile of the office of the Registrar.


within on him ten days of the service lodge with the Registrar and serve of the petition, of notice on the petitioner by sub-rule summons taken out by a respondent to the security of particulars (I) of this rule to be given by a petitioner.

A of objecting such as are required such statement for the purpose a statement may include shall, or �ndent .

lllffioe.

.. 206 Cap.

7.]

Supreme Oowrt.

by Security petitioner costs.

for 10.


(1) At the time of the presentation of a petition, or within five days afterwards, charges and expenses either the respondent to any person summoned as a witness shall be given by or on behalf that may become payable security on his behalf, by the petitioner or to of the petitioner.
for the payment of all costs, (2)The security shall be in the sum of one thousand dollars, and shall be given by deposit to of money with the Registrar abide the order of the Court or by recognisance to be entered into before ing four or partly by any number of sureties by recognisance.

the Registrar by deposit and partly not exceed­ (3)A recognisance shall contain the name and usual place Form III.
of abode of each surety, enable him to be found III prescribed with such description or ascertained, to these as shall suffice to and may be in the Form rules.

in the schedule Objection to■uretiee.

11.


(1) When the security is given wholly or partly by a respondent may, within on him of the notice under rule 8, object on the ground that the sureties or any of them are or that a surety is dead, or cannot be found or recognisance service nisance insufficient, ascertained from nisance, duly acknowledged in the recog­ or that a person named in the recognisance want of a sufficient description to such recog­ the same.
has not five days from the (2)An objection thereof, to the recognisance shall or is dead, as that a surety is insufficient, or grounds or cannot be found, or that a person named in the recognisance has not duly acknowledged state the ground the same.

Deter­ mination of to objection oe.

reoogniaan 12.

(1) An objection to the security shall be made by sum­ mons before a judge and a copy thereof petitioner.

upon affidavit or personal the judge may think fit.
examination Such summons may be heard and decided either of witnesses or both, as shall be served on the (2)If an objection to the security may, within such time as may be ordered, by giving further recognisance or by deposit judge may deem sufficient.
with a surety or sureties with the Registrar security either in the form of an additional approved by the judge, of such sum of money as the be allowed the petitioner remove the objection (3)The costs of hearing and deciding made to the objections security shall be paid as ordered of such order shall form part of the general by the judge, and in default costs of the petition.

8t1,preme Court.

[Cap.

7.

207 13.


(1) If security as in rule 10 provided is not given by the � of or if on objection made the security is not removed and the objection proceedings may apply to a judge for as in rule 12 IIIOUl'ity.

and the shall be had on the petition an order directing given is deemed crme��ve petitioner, to be insufficient no further provided, the respondent dismissal costs.
of the petition and for the payment of the respondent's (2)The costs of hearing and deciding by the judge and in default such application of such order shall be paid as ordered shall form part of the general costs of the petition.

14.

(1) An application for an order directing under rule 13 shall be made by way of summons before the dismissal of No�oe�r f:!

'd!,i:1,, on the petitioner and shall be served given to the Registrar.
notice a petition a judge and a copy thereof written thereof (2)The Registrar one daily newspaper in the schedule shall forthwith publish of the Colony a notice in the Gazette and Form IV.

in the Form IV to these rules or to the like effect.

of the application, any person who s;i.::,tion in respect to which �n tnU:: may apply to the judge to be substituted of the election and the judge mar, if he from the petition the original petitioner petitioner as a give .-rity.

and 15.
and 15.

(1) On the hearing for the original might have been a petitioner relates the petition petitioner thinks fit, dismiss substitute as security like conditions of the original petitioner.
the petitioner in the sum of one thousand any such applicant dollars on his providing to the and subject and to the same right of objection as in the case (2)Such security sha.11 be �ven within five days of the or within such longer making of the order of substitution if any, as may be allowed applicant petition to comply with the provisions period, and on the failure of the the of this sub-rule by the order, shall stand dismissed.
16.If no objection by these rules to the security or if, on objection is made within made, the shall be deemed to be at iaue.

of �!i at sufficiency the time Wh; to be is established, the petition limited �he security 188Ue.

17.Evidence particulars request written petitioner prevent surprise shall not be stated in a petition, have not been given in the petition but where Eviden:!

or furnished after �i:.


but therefor to supply such particulars and unnecessary the Court or a judge may order the � to � a fair expense and to ensure as may be necessary 208 Cap.

7.]

Supreme CO'Urt.

and effectual as may be ordered.

trial upon such terms as to costs and otherwise Lista of vot.ee objected where-t claimed.

to claims 18.
to claims 18.

( l) When a petitioner the seat for an unsuccessful deliver alleging of or defending that such candidate the party complaining not less than five days to the Registrar candidate votes, return shall, trial, given by the petitioner of the votes intended of objection inspection before and also or respondent, to be objected and office copies at the address as the case may be, a list to by him and of the heads shall allow concerned.
to all parties had a maj_ority of lawful or the election for the day appointed for service to each such vote, and the Registrar of such lists (2)No evidence shall be given against of any the validity by leave of the Court or a judge, vote nor upon any head of objection except of the list, amendment ment of costs as may be ordered.

postponement upon such terms as to and pay­ of the inquiry not specified in the list, ��f .

19.

(l) The respondent �:ry undue return cue.


may lead evidence and claims mine that such candidate (2)In such case the respondent of an candidate, to a petition, which complains the seat for an unsuccessful to prove that the Court ought not to deter- or elected.
not less than five was duly returned shall, deliver for trial, to the Registrar days and a list upon of such candidate given by the petitioner, for service or election to the return to rely, and the Registrar of such lists to all parties concerned.
shall be given by the respondent of any shall allow inspection the day appointed before also at the address of the objections which he intends and office copies (3)No evidence not specified objection a judge, ment of the inquiry and payment in the list, upon such terms as to amendment of the list, postpone­ of costs as may be ordered.

by leave of the Court or except Computation of time.
20.Where by these rules or by any order made thereunder time is appointed or allowed for doing any act or any limited taking of the Rules of Court, any proceeding, (a)Rule l relating (b)Rule 4 relating the following provisions 1900, shall apply, of time; to computation or abridgement to enlargement of Order XL V namely- of time; and (c)Rule 6, relating to time of day for service.

PetitioDA 21.A petition, may be presented d v::foo.

.

necessary proceedings thereunder period appointed as a vacation.
and heard and all other may be taken during any Supreme Court.

[Cap.

7.

209 service is required of any notice, 22.

( 1) Where personal by these rules and it is made to =':n. etc.

other document appear to the Court or a judge that prompt personal service the Court or judge may make such order for cannot be effected, of notice for or for the substitution substituted as may be service just.
by letter, public advertisement or other service copy petition or otherwise or Bu� � (2)An application for an order under this rule may be made on which the forth the grounds setting e$ parte on affidavit is based.

application (3)Any order giving leave to the petitioner of the presentation to effect such shall of a petition or give such notice service limit a time after such service respondent petitioner to act on his behalf case give an address either office of the Registrar.
shall lodge with the Registrar of a solicitor and in or state that he acts for himself one mile of the for service within or notice within which the and serve on the whom he authorises the name and· address 23.

(1) A petition shall not be withdrawn without the leave :��:� of the Court or a judge upon special summons as the case may be, and such leave such terms as to the payment otherwise by motion or may be given upon and of the costs of the respondent as may be ordered.
application (2)Where there are more petitioners than one no application a petition shall be made except with the consent of all the petitioners.

to withdraw in writing (3)Before leave for the withdrawal of a petition is granted, to the petition affidavits as required by this rule by all and by the and their solicitors, at the as were candidates of such of the parties agents there shall be produced the parties election election: Provided with the affidavit it appears just so to do.
that the Court or judge may on cause shown dispense grounds person of any particular if on special knowledge (4)Every such affidavit and belief, or have been made and no improper shall state that, to the best of the agreement or no improper undertaking has of the petition; to the withdrawal has been or term or undertaking to the withdrawal of the shall set forth such agreement, term, or into in relation agreement into with respect deponent's terms has been entered and if any lawful ·made or entered petition, undertaking.
the affidavit B.G.-VoL.

VU.-15 210 Cap.

7.J Supreme Court.

(5)The affidavits of the applicant and his solicitor shall further state the ground on which the petition withdrawn.
is sought to be (6)No such application shall be granted if it appears to the has been entered or terms has or have been Court or judge that any agreement made or any undertaking for the withdrawal or in consideration in consideration the application consideration of the withdrawal has been induced of a petition that the seat shall at any time be vacated, to or in consideration or of any other petition, or that bargain, into in relation by any corrupt of any payment, or object.
Nottce :f t n ° be signed �fhlhB: petition.

or solicitors is supported.

24.

(1) An application by the petitioner for leave to withdraw or petitioners a petition shall or his or their solicitor and shall state the ground on which the application (2)A copy of such application and notice shall be served of the application given to the by the petitioner on the respondent Registrar.
·(3) The Registrar one daily newspaper schedule shall forthwith publish of the Colony a notice in the Gazette in the Form V in the and to these rules or to the like effect.

1''orm V.

;pt.,!roatinn �11 batituted 1U1 petitioner.


25.Any person who might have been a petitioner may, within ten in writing, of his intention to which the petition is published, to the Registrar give notice relates to apply in respect signed of the election days after such notice by hin1 or on his behalf, at the hearing substituted defeat of the application for leave to withdraw to be for the petitioner; but want of such notice shall not such application if in fact made at the hearing.
of Time and notice bearing of application.

26.The time of hearing the application and notice ten days after the publication in rule 24 provided for the hearing persons, apply to be substituted wise in such manner as the Court or a judge may direct.

if any, as shall have given him notice shall be given by the Registrar of the notice of the time and place appointed to such person of an intention or petitioners, and other­ by the Registrar as petitioner or to shall be not less than as Substituted petitioner.
27.

(l) On the hearing of an application who might have been a petitioner to which the petition relates any person election or a judge to be substituted desirous of withdrawing and the Court or judge, as a petitioner may, if it or he may apply to the Court for the petitioner for leave to withdraw in respect of the thinks fit, substitute aforesaid.
as a petitioner any such applicant as (2)Where in the opinion of the Court or a judge the proposed by any corrupt bargain or of a petition term or undertaking is induced or is the result withdrawal consideration or object agreement, Court or judge may ord.er that the security the original which security which may be incurred the extent liable by the substituted given the original to pay the costs of the substituted of the security petitioner shall remain as security as is referred of any such improper to in rule 23, the given on behalf for any costs for of petitioner, shall be petitioner and that to has been given under rule IO and for any costs .
petitioner • in the case of a new petition and to the same right of objection of the substituted petitioner (3)If no such order is made with respect to the security given to the same security and of the original petitioner, to the like conditions by or on behalf amount as would be required subject within shall be given by or on behalf five days after the entry of the order of substitution or within such longer before he proceeds petitioner the petition (4)Subject shall stand dismissed.
to the foregoing if any, as may be allowed with the petition.

fails to comply with the provisions by the order and period, If the substituted of this sub-rule provisions of this rule, a sub­ shall stand in the same position, as to the same liabilities as nearly as the original petitioner stituted may be, and be subject petitioner.

28.

(1) A petition shall be abated by the death of a sole Aba� ent petitioner or the survivor of several of a petition petitioners.
� � shall not affect the liability petitio ner.

of (2)The abatement of the petitioner to the payment of costs previously incurred.

of a petition (3)On the abatement of such abatement shall be given by any party or person interested who shall forthwith paper of the Colony a notice schedule in the Gazette thereof to the Registrar and one daily news- to these rules or to the like effect.

in the Form VI in the Form VI.

publish notice 29.


(I) Within twenty-eight any person who might have been a petitioner notice of the election Court or a judge to be substituted to which the petition as a petitioner.

relates may apply to the abatement.

of such Re.

:: :!�>· days after publication in respect d\er tion (2)The Court or as a petitioner a judge may, if it or he thinks fit, substitute any such applicant by or on whose behalf B.G.-Voi.. Vll.-11,• 212 Cap.

7.]

Su'[Jferne Court.


--------- security conditions case of a new petition.

is given to the same amount and subject and to the same right of objection to the same in the as is required (3)On the making of an order for substitution shall be deemed to be revived.

the petition provided, as in this rule Petition to oon1ioueon death, l'lllipation, or notice not to·OppOlleOf reapondent.

30.
( l) If before the conclusion of the trial of a petition his seat or gives notice a to the Registrar to oppose the petition, whether the petition shall or not any person dies or resigns respondent that he does not intend not be abated but shall continue applies to be admitted (2)A -respondent to oppose a petition by him at the office of the Registrar before the day appointed shall also serve a copy of such notice who resigns shall give notice as iespondent as hereinafter his seat or who does not intend provided.
thereof in writing signed not less than five days for the trial of the petition, and he on the petitioner.

(3)On the �eath of a respondent notice thereof shall be given by any other party to the petition or person to the Registrar interested.

(4)On receiving notice of the death or resignation not to oppose the petition, the of a respondent Registrar newspaper schedule or of his intention publish shall forthwith of the Colony a notice thereof to these rules or to the like effect.
in the Gazette and one daily the in the Form VII in Form VIL Hubatit.ut1on of reepon• dent.

any of imch notice, of the in respect may apply to the Court or a to which the petition 31.

(I) Within ten days afier publication person who might have been a petitioner election judge to be admitted (2)The Court as a respondent and otherwise (3)Subject as a respondent or a judge may, if it or he thinks any such applicant as may be ordered.

to the provisions relates to oppose the petition.


fit, substitute upon such terms as to costs of these rules and the terms of shall stand in the same respondent the order, a substituted position, as nearly as may be, as the original respondent.

Beepond�t 32.A respondent who has given the prescribed :!

�=!r does not intend to oppose a petition .. party.

party against such petition in any proceedings thereon.

notice shall not appear or act as a that he Several petitions as to the 1&111e eleotion.
33.Where more petitions or return, to than one are presented relating with shall be dealt all such petitions in such manner and on such terms as the Court the same election as one petition or a judge may direct.

Supreme Coort.

34.Where a petition complains of the conduct of a returning � such returning officer shall for the purposes of these rules, officer, other than rules 30 and 31, be deemed to be a respondent.
�':en., 3�� The following provisions shall apply to the trial of :t J' -� petitions- petitionl.

(i)The Chief Justice shall determine which of the judges and direct in which county the trial shall shall try a petition take place.

matters (ii)All interlocutory may be heard and disposed of by a judge in chambers.

(iii)The judge who is to try a petition at least fourteen time of the trial and shall be published daily newspaper the respondent by the Registrar of the Colony and served officer.
and the returning shall fix the day and dayM notice in the Gazette thereof and one on the petitioner, (iv)The judge presiding from time to time or, if the Chief Justice but the trial another and consistent practicable de die in diem on lawful continued at a trial may adjourn the same to so far as is be of justice, shall, of every petition with the interests shall so direct, county; days until its conclusion.
(v)Where the trial of a petition has taken place wholly in a county other than the county of Demerara on the petition its determination or partly Court may declare sitting in Georgetown.
the at a (vi)Where upon the application of any party to a petition to the Court or a judge that the case raised can he conveniently stated as a special it appears petition Court or judge may direct and any such special before its determination the same to he stated as far as case shall, the Court and the Court shall certify in reference to the Governor to such special case.
may be, he heard by the case, the accordingly; 36.On the trial of ,a petition, directs, into and evidence in relation thereto has been given of agency on the part of any candidate of such corrupt the Court otherwise may be gono :iif!..i practice before any proof =.<ti unless or illegal practice.

of a corrupt or illegal in respect received any charge Evidence of Woree proof of agency.
37.If it appears of law requires any question Court of the Supreme hearing reserve of the petition such question to the Court on the trial of a petition consideration of Jaw.

the further and thereon its determination Court the Court may adjourn or postpone for the determination by the Full :=:a. of the Full Court, further that Powwtio 214 Cap.

7.J Supreme Court.

------------ and the Full Court shall have power to hear and determine question The Court shall determine the accordance so reserved.
any in petition with the decision Court on the question so reserved.

of the Full 8pe11ial report to tht' Gmt'rnnr.

section arising in its opinion 38.The Court may include .

l mance a spec1a report an account of a petition, f h Ord" 88 o t e out of the trial to be included.

in its report to the Governor under as o any mat r te t of which ought .

Expenses ofwilnt-.

expenses at the trial 39.


(I) The reasonable incurred by any person in to give evidence to witnesses appearing allowed Court may be allowed or the Registrar, shall be ascertained on the trial of civil actions in the Supreme to such person under the hand of a judge and the amount to be paid to any such witnesR and certified by the Registrar.

of a petition on the sea.le (2)The expenses called deemed to be costs of the petition.
called (3)The expenses of a witness .of a witness by the Court may be by a party shall be out of moneys provided of the Court and paid, in the first and if so for such expenses, deemed part of the expenses instance, paid shall, from the party ordered unless to pay the costs of the petition.

the Court otherwise orders, be recoverable Costa of pu blioa tion of notices.

etc.
etc.

40.The costs of publication or in a. newspaper by the by these rules to be published of any notice other matter required Registrar person coAts of the petit.ion.

shall be paid in the first instance by the petitioner or moving in the matter and shall form part of the general General costs uf petition.
to in such manner and in such pro­ as the Court or a judge may determine, regard and expenses and to the proceedings of and incidental consequent charges and expenses for, shall be defrayed to the petition with the exception of 1:mch costs, provided charge:-, of a petition, 41.
( l) All costs, the presentation thereon, as are by these rules otherwise by the parties portions had to the disallowance may, in the opinion vexatious tions on the part either regard by throwing by whom such expense are or are not on thP.

whole successful.
being had to the discouragement the burden of defraying has been caused, conduct, unfounded of the petitioner of any costs, of the Court or judge, charges or expenses have been caused by or unfounded objec­ and or the respondent, of any needless expense the same on the parties such parties whether allegations, being which (2)Such costs shall be taxed by the Registrar manner as in civil cases under Scale I of Appendix XLVI of the Rules of Court, 1900, and may be recovered in the same manner as costs in civil cases, execution of the Court or judge to the extent of the money, if any, deposited with the Registrar as security.
or by order I to Order in the same by 42.

(I) Except as otherwise provided with any of these rules shall not render compliance ing void unless proceeding or may be amended or otherwise dealt upon such terms as the Court or a judge shall think fit.

may be set aside either the Court or a judge shall so direct; wholly or in part as irregular, with in such manner and any proceed- ?

::::i but such e11.

in these.

rules non-!!�!:'.


(2)No application for irregularity to set aside any proceeding time, nor if the made within reasonable has taken any fresh step after knowledge of the unless shall be allowed party applying irregularity.

.

43 If • (I) 1t appears to a party to a petition .

.
.

h has arisen or may arise which is not f Applioatloa t at a matter o for d1reottc1a1 or practice by the Ordinance as to a matter therein provided procedure provided for exists by summons to a judge for directions such directions thereon and not inconsistent these rules, thinks fit.
as appear to with the provisions or these rules or that a doubt for, such party may apply and the judge may give him to be just and necessary of the Ordinance and upon such terms as to costs and otherwise or as he (2)An application under this rule may be made ex parte by the petitioner the notice quently on the opposite if made before the service on the respondent of and copy petition; but if made by any party subse­ to such service, a copy of the summons shall be served party to the petition.
44.The Interpretation of the interpretation for the purpose shall apply for the purpose of these rules in like manner as it applies ;reia::� of an Ordinance.

� 00• of the interpretation Ordinance Affoation 45.The forms set out in the schedule used with such variations require; form used in England such variations to these rules may be Forma.

of the case may provided the in the like matter may be followed with of the case may require.
and when no appropriate as the circumstances as the circumstances form is therein 216 Cap.

7.]

Supreme Court.

Rule& SCHEDULE.

1.-FOIUI 01' PETITION.

IN TRB SUPREJ,IE CouRT OF BRITISH GUIANA.

In the matter of the Legislative In the matter of an election Council (Elections) Ordinance, 1940, and District for the .................................

Electoral holden on the ......................................• The Petition ······.19 •.
_. of A., of .................. __ ___ (or of A. of _____ _ ·--- ········ day of ........ ....... ...............•... .. , as the case may be) whose name ...................... ....... .

···-· (or and B. of ....... names are) subscribed.

1.Your petitioner A is a person who voted (or had a right to vote, aa the case may be) at the above election right to be returned election) petitioner).

at the above election, and your petitioner at the above B.
(here Ht.ate in like manner the right of each or waa a candidate (or claims to have had a 2.

And your petitioner st.ates that the election was holden on the ----····-·day of---··-·-····· •...••... were candidates elected.

officer has returned A.B.

as being duly .19-.. , when A.B., C.D., and B.F. and the returning 3.And your petitioner says that (here state the facta and grounds on Wherefore which the petitioner relies).

your petitioner said A.B.


was not duly returned (or that the said E.F. was duly elected as the case may be).

that the prays that it might be determined was void and that the election and ought to have been returned, or elected or Rule 6.

11.-REOJl:IPT J'OR PETITION.

(Signed) A.

B.

(Heading aa in Form I).


day of Received on the ......................................... ···---19 ..... the election , at the of A.B., Registry of the Supreme Court, a petition Member for __ __ _ ........................... the names of petitioners).

to be signed by (insert purporting touching Rule 10.

111.-FoRM op REcOGNISANOE.

(Signed) C.D.

Rsgutrar (or aa t1,e c.aae may be).

e ading aa in Form I).


(H that on the, _____ day nf , before of the surety or sureties) acknowledged 81lDl of One Thousand Be it remembered the year of Our Lord 19 ...... (name and description (or severally Queen the (or the following o,._ __ _____ , the said ·················-·······-· _______ ..

etc.)

to be levied chattels, her heirs and successors.

in came A.B.
in came A.B.

of me (name and description) and acknowledged himself Lady the Guiana the 81lDl sum of .. ······-·the on his (or their respective) goods and Dollars sums, that is to say, the said ......... to owe to our Sovereign money of British to the use of our Sovereign lands and tenements, themselves) Lady the Queen, current ____ ....................... [Cap.
7. of this recognisance the names and if more than one, add or any of them) shall well ia that if (here in.aert The condition of all the petitioners and truly pay all costs, petition signed Electoral petitioners nance, 1945, to any person or persons otherwise to stand in full force.
charges by him (or them) relating and expenses in respect to th, _____ _ of the said election District which shall become payable or any of them) under the Legislative (or Om.i­ Council then this recogniaanoe by the said petitioner (Elections) to be void, Taken and acknowledged names of sureties) ----··· .. day of ___ _ .................... by the above-named 19 ...... on the ······· .

(Signature of sureties).

(insert me, Before (Sign«/)------- R,.gut,a,.

IV.-FoRM OP NOTICE UNDER RULK 14.


The Legislative In the election Council petition which ... ·-------·····is respondent.

Notice (Elections) for ......•..

Ordinance, 1945.

·-------� -lectoral an .

..._ ____ __ _ _ _ petitioner District in an order directing is hereby given that the respondent that the above petition herein be dismissed intends to apply for on the ground that (here state ground for application).
And that the said application of __ ______ 19 ..... will be heard a.,_ _______ ,on ···· in ·-········· , at its ......... ____ .

-········day the forenoon.

And Take Notice that (as in rule 16 (I)).

(Signed )- - --- - - Regidrar.

V.-FORM OP NOTICB UNDBR RULB 24 •.

t -ading as in Foma IV).

(H Notice is hereby given that the above petitioner did on th,.,_ ___ _ day o-�-----····-lodge Court an application ground (aet out the ground).
at the office of the Registrar for leave to withdraw the petition on the following of the Supreme And Take Notice that (as in rule 26).

(SigMd )-- - - - -- Regwt,a,.

VI.-FORll OP NOTICE UNDER RULK 28.

(Ht-ading as in Form IV).

Notice is hereby given that the above petition bas abated by reason of t.be death of (here set out particulars).

that (as in rule 29 (1) ).

And Take Notice (Signed,__ ______ _ Regwt,a,.

218 Cap.

7.]

Supreme Oourf. '

VU.-FORM OP NOTICE UNDER RULE 30.

(Heading as in Furm IV).


Notice i11 hereby given that on the ...........................•............ .

..... 19 .

.. , A.B., respondent a Member of the Legislative oppose the petition, Council us the caRe may be).

to the above petition died (or resigned or gaYe notice .....•........ .

day of .. ...... his seat as not to of his intention Ami Take Notice that (11.S in rule 31 (1) ).

(Si[rned)................ ............. ........ .. .

...... .

Registrar.


VIU.- FORM OF ORDER OF COURT TO COMPEL ATTENDANCE OF PERSON AS WITNESS.

IN TllE SUPREME COURT OF BRITISH lfoIANA.

In the matter of the Legislative In the matter of an election petition District respondent.

Council in which (Elections) Ordinance, 1945, and ...... ................... ...................

Electoral ............... for ...... ... is petitioner and .

'fo A.B.

of (deRcribe the pen1on).

to attend before the above Court at .. You are hereby tt.'quire<l.

.

.

.

day of.
.

.

.

day of.

19 .. , at the hour of .. as a witness lttl the case llllLY be), to be examined in the matter shall and to attend the said Court until your examination on the (or forthwith, of the said petition, have been completed.

As witness my hand.

(Signed) G.D. Judge.

Supreme Court.

[Cap.

7.

219 LEGISLATIVE COUNCIL ELECTIONS.


made oo the 12th N constittded exercise o ve:mher, RULES 1948, by the Rule-maki Rwea ng Authority 12th Nov., in 1948• Court Ordinance under sootion of 'f)O'l,lJ(!TB conferred Legislative Council 75 of the Supreme by sootion (Ekctioos) 61 and sootion Ordinance, 1945*.

93 of the 1.These rules may be cited as the Legislative to Court) Rules.

(Applications Elections CouncilShort title.


2.In these rules the following otherwise requires, have the meanings shall, expressions herein assign ed unless the 1ni:ti pre on.

context to them- " Ordinance" means the Legislative Council (Elections) 13 or 1114ll.
Ordinance, 1945; " returning officer " means the returning officer of an appointed by the Governor under the powers electoral conferred district by section 14 of the Ordinance; " voter " means any person whose name is on the register to vote at the election with reference to of persons which the expression entitled is used; " Court " means the Supreme Court of British Guiana.

J.PROCEEDINGS IN RESPECT OF ELECTION OFFENCES, ETC.

3.
3.

(I) All offences under the Ordinance · t· d II dings f summary convic 10n an a procee or recovery may be prosecuted by the Summary Jurisdiction (2)On any such prosecution on s� f fin oonv1otion o a e off'encm.

C.p.

15. in manner provided Ordinance.

and the fine recovered (Procedure) punishable that the person charged payment, employment meaning Summary such charge.
of the Ordinance, Jurisdiction it shall be sufficient was guilty of an illegal or hiring as the case may be within the 6 of the shall apply to and the provisions Ordinance (Procedure) of section to allege practice, II.APPLICATIONS IN RESPECT OF ELECTION EXPENSES, AND ACTS DONE IN GOOD FAITH.

4.

( 1) All or any of the powers conferred section exercised 55, section 56 and section by a judge of the Court sitting upon the Court by Election ay 57 of the Ordinance as an election may be ::!
i: court for po� under eectionaM, 116 &57.

----------------------- •Thie Ordinance (No.

13 of 1946) is omitted from this Edition, but remains in foroe (Ordinance No.

26 of 19'9, a.

7 and let Schedule).

220 Cap.

7.]

811,preme Court.

the trial out of the petition which he is trying.

of an election petition in respect of any matter arising (2)An application to the election any of the aforementioned sections manner and on such terms as to notice, the election court shall think fit.
court for an order under shall be made in such costs and otherwise as Applicatiollll to the 8u�e Court.

5.

(l) Every application for an order under any of the as an to the Court, when not sitting and shall shall be made as in these rules provided sections aforementioned election court, be intituled section thereof which the application the order or relief concisely is made.

the application in the matter of the Ordinance and in the matter of the election of is made.
Every application and the appropriate in respect shall state on which applied for anrl the grounds (2)Any such application or upon personal may be heard and decided either upon affidavit or examination upon both as the Court or judge may think fit and if made by way of summons may, in the discrf'tion into Court for hearing.

of the judge, be adjourned of witnesse�, Mode of applying.

6.
6.

(I) An application 55 of the Ordinance (I) of for an order under subsection 57 of or for an order under section section the Ordinance shall be made by way of motion.

(2)An application for an order under subsection (6) of section summons.

56 of the Ordinance shall be made by way of originating Notioeof application.

7.
7.

(I) A copy of the notice of motion or summons shall be served not less than two clear days before the hearing upon candidates, each of the opposing officer and notipe papers in the Colony.

shall be published in two daily news­ thereof if any, and upon the returning (2)Such notice may be in the form following­ In the Supreme Court of British In the matter of section (Elections) In the matter of the election Ordinance, Council Guiana.
.................. of the Legislative 1945, and .......................... for the .................. day of.. ................ .

Electoral District holden on the .................. 19 ... .

has been presented: in which ........... (add; if a petition petition .. .is petitioner And in the matter of and ....... the election respondent).

Supreme Coort.

be heard, an application at 9.30 a.m. in the forenoon day of ........ .
Notice is hereby given that on the ......... 19 ...... or as soon thereafter as will be made to the Court counsel can on behaH of A.B.

of .................. at the said , a candidate election (here set out the substance grounds thereof).

.

19 .....

Dated the .................. day of ............ and of the of the application for an order (Signe,d) (or Solici.tor for applicant).

App licant and publication of the copy application of the (3)Service notice shall be proved by affidavit.
8.On the hearing of the application who has been AppNnDOe under rule 7 :!:,.

and the Court or a judge may allow such application on or should have been served and any voter may appear and apply to be heard on the appli- cation such terms as to adjournment as it or he thinks fit.

costs and otherwise with a copy thereof of the hearing, any person 9.The costs of any application be in the discretion of the Court or judge.

made under these rules shall 0nm.

222 Cap.

7.j Supreme Court.


- ------ ------- PRIZE COURT (FEES).

Rules of Court.

6th Feb .• IIMO.


appointeil RULES OF COURT on the 6th February, Court Ordinance with the advice pursuant thereunder of A.dmiraUy Act, made by the Ju,dges the Suprerne CommiUee Colonial Courts Rule 2 (b), of the Rules contai1'1R4 Order in Council of the Pr1:ze Courts intituled Counci,l dated 2nd Septnnber, A.ct, 1894: approved the Bn"tish 1940, 1uuier 75 of section of the and assistance 7 (I) of the to section 1890, and to Order XLIII, t-0 His Majesty'.,; in the schRilul.e.
1939, made under section by the Royal Orderin Guiama Prfr.e Court (Fee.�) Order in Council, 1940.

1.These Rules may be cited as the Prize Court (Fees) Rules.

2.The fees to be taken in prize matters by the Court and its in the schedule officers shall be those set forth in Appendix B to the rules contained dated 2nd September, Courts Act, 1894, and the said fees shall in like manner as fees are collected Court in the exercise by the Supreme and applied of its ordinary civil jurisdiction.
to His l\IaJesty's 1939, made under Section Order in Council 3 of the Prize be collected and applied Appendix B refen-ecl to in rule 2 is as follows­ APPENDIX B. Jt'•:El'i TU m,: 'fAKEN IN PRIZE .MATTERS B\' THE COURT ,\Nil ITS 0FPICERI!, Sw11111or1.�e11, lfr,ti,·ex, Co111111i.�.�i011.� and Warra11IH.

l.Ou i;ca.ling '2.

On sealing 3.On 1:1ealing -1.


On sealing 5.On filing a notice II writ for 1•0111mencement an arnl'nded a subprena, or issuing writ fot commencement for each witne:;s to have II refl'rencc a summons of II cause pl11red to t,h!'

.RegiKtrar of a cuui;c ... in the list for hearinp; () 15 0 6.On II notice the Court for th!'
iM-<1ue of imv ini;trumcnt under the Keal of • 0 () 7.On i«'aling or issuing in prize matters person appointed II commil!Sion (to be paiu by the applicant), thereby to take oaths or affidavits for each t "· d. I 10 0 () 5 (I () 2 6 0 3 0 8.On every other commission \l.

On marking 10.On filing a notice a. copy of a petition or letter of request of right for sen·ire to enter or withdraw c11veat 5 0 u 2 () () 0 7 6 0 7 6 appearance 11.Ou l•nkring 1111 Appeara11ces.
or 11memlin1Z t.he Ka.Jlll', fur each person .

.. 0 '2 li Supreme C()tl,rt.

[Cap.

7.

Copies.

£ s. d. 12.On a copy of a written deposition of a witnel!tl to enable a party to print the same, for each folio 13.On examining a writte n or printed copy, and marking or O O 5 sealing same as an office copy, for each folio O O 3 14.On making a copy and marking same as an office copy, for each folio O O 8 16.On a copy in a foreign 16.

On a copy of a plan, map, section, actual language-the cost.
drawing, photograph, or diagram-the actual cost.

17.On a printed copy of an order, not being an office or <'ertified copy, for each folio .

.

.

0 0 2 .4.Uenda,ic&.

18.On any application, with or without to be given in evidence officer to attend as a witnesa, documents of the officer), reasonable expenses a day he shall necessarily be absent a deposit The officer may require or to produce a subpa,na, for any recorda or (in addition to the for each day or part of from his office l!
0 0 of any of stamps on account of any of money on account which may probably fees, and a deposit expenses further further on the beyond the amount paid for fees and expenses and the officer or his clerk taking application, such deposit on the shall thereupon application.

make a memorandum become payable thereof Oalh8, etc.
19.On swearing an affidavit for the purpose of receipt General), for each person or making a declaration (except of dividends making the same for each exhibit therein from the Paymaster to referred 20.And in addition thereto be marked and required to O 2 0 O 1 4 Filing .

1 10 0 21.On filing a petition 22.For every instrument of right or document (other than an exhibit, issued previously from the or office) unless otherwise .

.

.
.

.

0 5 0 for an appearance provided or an affidavit, or document any instrument Registry 23.On an application or marshal's to search the same n to search 24.On an applicatio order, provided and inspecting expressly an index, minute, and inspect or other record, a pleading, unleBB judgm ent, decree, otherwise for each hour or part of an hour occupied... or this order, one day for by any Act of Parliament O 2 6 O 10 0 25.Not exceeding O 1 0 E:raminatima of Witnuses.
26.On the issue of an order for an examination r :: n f;::: :;• : : ::: e o t woce, per day or part of a day .. .

.. .

.

.

.

to 27.Fo�:�::�::= "'"° to be taken before :�m: { te 4 4 0 224 Cap.

7.]

Supreme Court.
7.]

Supreme Court.

28.On an examination £ s. d. at a greater a reasonable of witnesses by any examiner than three miles from the Registry, and other expenses ... a deposit distance sum for travelling The officer may require fees and a deposit may probably fees and expenses or hill clerk taking such deposit, memorandum thereof making the deposit.
of money on account become payable beyond in addition of stamps on account of which of expenses any amount paid for and deliver the same to the party and the officer, make a shall thereupon upon the examination, The officer may also require pay any further payable in writing, which may become beyond the amount so paid and deposited.
an undertaking, fees and cxpenKeS to 29.For the examination of witnesses by the Judge or Registrar, whether 30.For preparing by interpretation or not, for each witness as to ship papers (aircraft papers), affidavits 1 0 0 for every folio ... 31.For sorting and numbering ship papers (aircraft papers) 0 2 6 0 10 0 32.On entering or setting down, or re-entering or re-setting down any cause or matter for hearing 2 0 0 Hearing.
33.On writing assessors for the attendance on the hearing down any petition 34.On setting or a reference ... of Trinity masters or other 0 10 0 0 10 0 Judgmenl,s, Decrees a,id Orders.

decrees and orders- On drawing up and entering ��urt on the hearing 35.If made i ll: of a cawie or on the hearing of a petition .. .

.. .

.. .

.

.

.

.. • .. .

.. .


36.If an order of course on a petition 37.If an order for a c.ommission 38.On any other order including on a petition a consent to Order XXIII, and filing same ... of right ... pursuant 39.On a memorandum to enter an order nunc '/1'fO tune ... of right or agreement filed 2 0 0 0 10 0 1 0 0 O 10 0 0 5 0 (().

On any reference (h, Refere,wu before to the Registrar, a Registrar.
including if any, having regard to the nature and im- 1 1 0 witnessee, portance time occupied ... ... ... ... ... ... 15 Hi 0 and other matters, of the accounts and to the to examination From { of (()A.

If the reference additional occupies day or part thereof more than one day, for each a further fee not exceeding 15 15 0 41.If the attendance each merchant of one or more merchants for the same fees as to the Registrar is required, .. .

.

.

.
.

.

.

to { rror o 16 15 0 In cases of great intricacy, or very large amount, occupying more than one full day, larger fees may be taken.

The fees Nos.

40--41 inclusive, instance hearing, by the party setting as hereinafter provided: shall be paid in the first for down the reference Supreme <Joort.

[Cap.

7. down shall affix the stamp for the reference, and, in Order XVII, Rule 3, the party £ s. d. shall so require, a deposit of the Registrar in stamps to an will cover the due in fees.
H any further amount becomes of the proceedings, such amount shall be paid on the report of the result of the mentioned To the nQtice setting if the Registrar amount which in the opinion reference respect by the said party reference, or if no report the proceedings due proportion as shall have taken place, Registrar.

Such further impressed upon what account such fees are paid.
on the reference, is made, on the completion or if not completed, of a shall be paid on so much of the proceedings the amount to be fixed by the or affixed to a memorandum shall be paid by stamps stating amount.s on On the execution ship (aircraft) Prize Act In the Marslll.ll'a or on taking of section of a warrant in pursuance Ojfu:,e. of a possession 16 of the Naval 43.

«.
«.

On the execution On the execution instrument, required of an attachment, of any decree, order, other than those herein to be executed commission, or other provided for, which is for every person attached by a marshal and swearing appointing, up a ship (aircraft) ... or goods to a purchaser appraisers 1 0 0 1 0 0 On attending, On delivering agreeably to the invento ry 47.On attending the unlivery or goods, 48.On retaining p088688ion of a ship (aircraft) of cargo, per day ... a ship (aircraft) .. .

.
.

.. .. .

.. .

or sale or removal of 2 0 0 2 0 0 2 0 0 1 0 0 with or without of a shipkeeper the expenses per day in respect cargo, (aircraft keeper).

The marshal shall be entitled board and maintenance, to his reasonable expenses to the above in addition for travelling, fees.

On the sale of any ship (aircraft) or goods sold pursuant for every £100 or fraction to a decree of £100 gross proceeds or order of the Court, realised of any ship (aircraft), goods, from or person 50.
On the release 1 0 0 arrest ...

Taxation of Cost,.

2 0 0 51.On taxing does not a bill of cost.s where the amount allowed 52.Where the amount exceeds £4, for every £2 allowed or a £4 exceed fraction thereof 0 2 0 O 1 0 53.On a certificate On P,«H,<1,ing a in tlie Pay Ojfu:,e of tlie Supreme Court.
of the amount and description of any money, funds or securities, M. On a transcript of an account the request for each opening, including the including thereforO 2 0 request therefor O 2 0 55.On a request Registrar paying, VIL-18 B.G.-Vm.. to the paymaster, Bank of England, the or other official for any of the following purposes: lodging, transferring, or depositing money, funds, 226 [Cap.

7.

Supreme Court.
in Court without or securities addition t,0 the amount directed in; paying out of Court any money without of a taxing officer; a certificate of any money, funds respect action in the pay office 56.On a request information or securities, an order or in writing in or any trans- an order, or money in £ s. d. by an order to be paid respecting any money, funds of any cause or matter contained and matters of causes have of which any money, fundR or securities or securities in any list prepared t-0 the credit not been dealt with during 13 years for the purpose 0 2 6 transferring, by the paymaster of paying, 57.On an affidavit for information to the credit depoiiiting pursuant any money, funds, Act, Hl2n ... to the Tru1:1tee or in Court or securities O 2 0 58.On preparing a power of attorney 1U i,;cellaneou.11.
59.On a fiat of a judge 60.On signing, settling, 61.On taking a recognisanct> or obligor, one recognisor all at one time or not ... or approving au advertisement or bond whether and whether one or more than into by entered on taking bail in the Registry a pow••r • of attorney for a King's and a copy thrrcof for the accountant 62.On assignment of a bond 63.By a commissioner 64.On a commitment 65.On registering ship generally general 66.On re,zit<tering 67.On taking accounts 68.On au inspection of the Navy ... sume specially by the Registrar in naval prize matt!
'i,:; of the Register of Bail Bonds 0 I 0 0 5 0 0 5 0 0 10 0 U 10 0 0 5 0 I 1 0 0 5 0 I 10 0 0 10 0 0 5 0 0 l 0 Bu']Weme Court.

[Cap.

7.

227 LEGAL PRACTITIONERS AND REGISTRY FEES.

ORDER mmle by the Chief Justwe and a Puisne 1931, and amended on the 11th Sep tember, Order 18th Aug., 1981.

11th Sept., 11136.

In .Ma1, 1989. and Shon title.

t.This order may be cited as the Legal Practitioners Judge on the 18th August, 1935, and the 1st May, 1939.

Registry Fees Order.


in respect of a special and his client, agreement 2.

(I) In the absence the remuneration a legal practitioner matters practitioner to this order shall be �ul& the first, second, third and specified in accordance with the ta.riff and charges shall be in lieu and place of all other professional shall cover of any of the various and fourth all work done and services in the said schedules schedules in writing between ::U� of a legal �.

ltlOOlld, in � and specified rendered.


does not a.ct for both or (2)Where the same legal practitioner to a transport, all parties of the practitioner connection half of the remuneration with the transport, mortgage in or lease shall be one­ specified.
or lease, mortgage who does not prepare the remuneration the documents in the first schedule 3.The remuneration prescribed is not to include disburse- Di■b:W­ nor any extra men and properly occurring pa.id, in the course of any of a party to the such as the death or insolvency any business by changes ments of any kind reasonably work occasioned business, transaction character, printing), his clerks disbursements.
nor is it to include but it shall include and allowances and for copying for time of the legal practitioner and parchment and all other similar and stationer's of a contentious charges (except 4.

In respect of any business carried which is required to be, and is, Spec� in an exceptionally short exertion■, exertion, by special space of time, the Registrar practitioner exertion, according a proper additional through on taxation to the circumstances.
may allow remuneration to the legal for the special 6.In extra.ordinary or diminish cases the Registrar the remuneration prescribed on taxation may Eztra­ if for any :::_u, increase special reasons he shall think fit.

6.Notwithstanding any special agreement the client and his client, a leg al practitioner B.0.-Voi.. VU.-16• in writing.between shall be entitled, =• Limitation 228 Cap.

7.]

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7.]

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thirty days of the completion by the or after the payment of the amount due under the to apply to the Registrar of the work covered to inquire into the facts shall thereupon, after seven days notice into the facts and if he decides or unreasonable, he shall order the amount to the that the under the agreement to be reduced by such sum as he within agreement agreement, and the Registrar practitioner, inquire agreement payable fit.

thinks is unfair F- to be charged.


Order 11th Sept. 1935.

Fifth schedule.

7.

( 1) The fees be charged Registrar the said specified and demanded, in respect in the fifth received, of the acts, matters to this order shall by the or recovered specified schedule retained and things in office.

to be done by him or in his schedule done or caused (2)All fees shall be payable in advance.

Cl.

2.

ITEM.

FIRST SCHEDULE.

CONVEYANCING.
1.Transport on sale or otherwise-- where the amount or value of the consideration or the value of the property transported- for the sale ( I)does not exceed $ 500 ,, ,, 1,000 ,, ,, ,, ,, 1,500 2,500 3,750 ,, 5,000 $ c. 7 50 10 00 15 00 25 00 30 00 35 00 $5,000- (2)exceeds for first 35 00 for the next 10,000 per $600 or part thereof 2 40 for the next 10,000 ,, ,, 1 20 for the next 10,000 ,, ,, ,, 1 00 for each subsequent 0 50 ... 500 or part thereof 5,000 2.Mortgage- same scale as transport stituted , the amount of the loan being sub­ for the amount of the consideration.
3.Assignm ent or transfer of mortgage- same scale as mortgage, at the time of assignment the amount of the loan.

of mortgage 4.Cancellation 5.Lease or assignm ent or transfer ... thereof- the amount due under the mortgage or transfer being substituted for 5 00 same scale as transport, taken as the amount of the consideration tion is by way of rent.

of lease ten times the annual rent being where the considera­ 6.Surrender 5 00 Supreme Oourt.

[Cap.
[Cap.

7. sale or purchase Negotiating a by private contract-­ for the first $15,000 of the consideration, one per centum; for the next $35,000, one-half for any further 8.Negotiating amount, a loan on mortgage-- of one per centum; one-quarter of one per centum.

of property for the first $15,000 of the loan, one per centum; for the next $35,000, amount, for any further one-quarter one-eighth of one per �um.

of one per centum; SECOND SCHEDULE.

ESTATE DUTY AND PBoBATE.

ITJDI.


1.Estate Duty inventory and declaration- a.I.

S c. One per centum on the first $25,000 of three-quarters the net value of the of one per centum on the next and one-halt of one per centum on estate; $25,000 of such value; the excess of such value over $50,000: Provided Provided that the minimum charge further Estate that in the case of corrective shall be $5.00: Duty inventory on the additional and declaration value only.
the charge shall be calculated N.B.-Estate in this schedule or Administration means estate 2.Probate in common form or recording in British Guiana.

grant of probate-- Where the groBB value of the estate--- (1)does not exceed S 250 " " " 500 ,, ,, ,, 1,500 ,, ,, .
., 2,500 ,, ,, ,, 3,500 ,, ,, ,, 5,000 (2)exceeds $5,000--- 5 00 15 00 20 00 30 00 40 00 50 00 for first 5,000 for each succeeding 5,000 or part thereof 50 00 5 00 3.Administration bond- Where the amount of the bond does not exceed $100 " 500 " ,, exceeds 500 " " " " 2 00 5 00 7 50 In respect THIRD SCHEDULE.

<>nmB NoN-CoNTENTious BusINBss.

business of all other non-contentious prescribed schedule the remuneration the remuneration for shall a.I.
which is not in the first or second be as follows- per folio of 120 words 1.Instructions ... 2.Drawing, 3.Fair copies, ,.

Facsimile or carbon copy thereof folio of 120 words (if legible) per folio of 120 words per folio of 120 words rs.

Perusing, 6.Attendances '1.

Letters ... from • c. 2 00 0 50 0 12 0 06 0 12 1 00 1 20 from from made at the same time, per 230 Cap.

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Supreme Court.

, Cl.2.

FOURTH SCHEDULE.

TRA VELLINO.


In addition to the rernlllleration in the first, second or third SC'hedule a practitioner sh.all he allowed of journeys from home­ prescrihed in respect For eniry day of not less than seven hours employed $ C. on business or in travelling Whrrf' a less time than seven hours is so employed, per hour 15 00 2 00 Cl.7.

FIFTH SCHEDULE.

(A.q 11ul,.qfifuted by order dated 11th September, 193n, and amended by order dated 1st May, 1939.)

PROB,\TE FEES IN THE REGISTRY.


ITEM.

l.Filing 2.Drawing death notice art of deposit registering custody, ropy of act of deposit, of deceased for probate 3.Lodging will 4.On application person lodged for safe making of document, of will of living same sealing and keeping will person for safe cust-0dy of letters of administration- 3 00 0 24 $ c. 0 12 (!)
where the gross value of the estate does not exceed ... $250, for all fees and charges 2 50 (2) where the grosi; value of the estate exceeds $250 but doeii not exceed $500, for all fees and charges 51 00 (3)where the gross value of the estate exceeds $500 for all fees and charges but doe;; not exceed $1,500, 12 00 ... or the application the grant is refused, NoTE.-If withdrawn, of $1, in (2) the sum of $2, and in (3) the sum of $5 shall he refunded is fees, less in (1) the sum the above-mentioned to the applicant; by the Registrar (4)in all other ca1:1es- on application (a)fre on application, payahle of administration of estate (b)fee on issue of grant (irrespective on deposit for letters of will, or duty) 7 50 on gross value of eiitate, exceeding ,, 5,000 $ 1,500 and not exceeding $ 5,000 .. .
15,000 .. .

50,000 .. .

15,000 ., 50,000 ... 5 00 7 50 12 50 25 00 NoTE.-AII the fees under thi" item are exclusive of fee under item 7.

5.On issue of grant of administration or grant of administration full duty has already or administration in respect pursuant of the same estate been paid on prior issue of probate 2 50 de bonis non or of probate to leave reserved, when 6.For drawing, affidavit in proof of due execution of will swearing and registering second or subsequent 1 74 Supr eme Court.

[Cap.

7.
[Cap.

7.

231 7.For making, 120 words certifying and sealing copy of will, per folio of s c. 0 10 to prove due 8.

For filing application for summons to witness of a will execution 9.For each entry of caveat or filing of a will.

.

.
to accept 10.On citation or refuse 11.Sealing and certifying copies abstract 12.Settling and signing of creditors 13.For filing of consent thereof of citation grant any objections to the validity 1 00 1 00 0 50 for advertisement0 50 for service, each to executor or administrator 0 48 of a deceased person which is found estate administering to be insolvent 14.On application a deceased auction of executor person by private and to traru1port ... or administrator to sell property of treaty instead of by public 0 48 (a)where the value of the property (b)where the value of the property the same, if immovable does not exceeds party under a will or on an property- exceed $2,500l 50 $2,500 3 00 by an interested 15.On application intestacy or immovable person without to subdivide property or to make a division to the estate belonging to sal1r- proceeding (a)where the gross value of the estate of any movable of a deceased does not exceed $2,500 1 50 (b)where the 16.For filing and advertising grol!l!
value of the estate accounts of executors or administra- exceeds $2,500 ...3 00 tors-- (a)where the gross value of the estate does not exceed $2,500 17.For filing objections (b)where the gross value of the estate thereof and reasons exceeds filed by to accounts and consideration or administrator executor of objections 1 00 18.For filing grounds or reasons why account has not been filed and making order for extension of time or administrator by executor to fix his com- 19.On application 0 48 2 00 $2,500 ...4 00 mission 20.For searching or part thereof ... or inspection, for every period of In minutes 3 00 0 24 J 21.
For making, certifying and sealing copies of documents, per folio of 120 words 22.For filing any document 0 10 whf're no other fee is prescribed0 24