|
|
MAGISTRATES (JUSTICES OF THE PEACE) (TRIAL OF CASES IN
NEW PROVIDENCE) ORDER, 2000 |
| |
| | S.I. 70/2000 | |
| | (SECTION 10) | | [Commencement 28th
May, 2000]
[Expires 31st August, 2000] |
|
| |
1. (1) This
Order may be cited as the Magistrates (Justices of the Peace) (Trial of Cases
in New Providence) Order, 2000. | Citation and commencement. |
(2) This Order is
deemed to have come into force on the 28th day of May, 2000 and shall expire on
the 31st day of August, 2000. |
2. The
justices of the peace named in the First Schedule are empowered to try cases
singly within the district of New Providence, in respect of offences referred
to in the Second Schedule. | Trial of cases singly by Justices of the Peace in New
Providence. |
FIRST SCHEDULE |
Arthur Barnett, CBE
Juliette Barnwell
Rev. A. Enoch Backford
Addington Darville
Colin Deane
Edison Deleveaux, Snr.
Octavia Johnson
Conrad Knowles
Vance Major
Whitfield Joseph Major
Granville O'Brien
George Plakaris
Rev. Irene Russell
Kirkwood Taylor
Vylma Thompson-Curling
Charles Turnquest
Edward Carey |
SECOND SCHEDULE |
1. Offences under the following sections of the Public Works Act (Ch. 26 )- |
Sections
5(3), 7 and 9(2). |
2. Offences
under the following sections of the Education Act (Ch. 46)- |
Sections
23, 24, 25, 26, 30 and 37. |
3. Offences
under the following sections of the Penal Code (Ch. 84)- |
Sections
133, 135, 137, 138, 154(1), 155 to 158 (inclusive), 160, 163, 165 to 171
(inclusive), 175, 182, 184(2), 185 to 187 (inclusive), 191, 192, 200, 201, 203
to 209 (inclusive), 211, 212, 213(3), 214, 216 to 219 (inclusive), 222 to 228
(inclusive), 230, 232, 234, 237, 239, 240, 242, 244 to 256 (inclusive), 259 and
260. |
4. Offences
under the following sections of the Road Traffic Act (Ch. 220)- |
Sections
8, 15, 16, 21, 25, 26, 28, 29(1), 30(2), 31, 32, 34, 35, 36, 40, 41, 43, 48,
51, 52, 53, 55 to 59 (inclusive), 61, 62, 64, 65, 71, 75, 76, 77, 84, 94, 95,
96, 99 and 100. |
5. Offences
under the following sections of the Environmental Health Act (Ch. 232)- |
Sections
9 and 10. |
6. Offences
under the following sections of the Town Planning Act (Ch. 255)- |
Section
6(4), 8(2) and 9. |
7. Offences
under the following sections of the Port Authorities Act (Ch. 269)- |
Sections
73, 74 and 75. |
8. Offences
under the following sections of the Business Licence Act (Ch. 329)- |
Sections
4(4), 16 and 24. |
9. Offences
under the following sections of the Liquor Licences Act (Ch. 372)- |
Sections
15(2), 22, 24 and 26(2). |
10. Offences
under the following sections of the Shop Licences Act (Ch. 377)- |
Sections
11, 12, 14 and 15. |
11. Offences
under the following rules of the Ministry of Works (New Providence) Rules- |
Rules
3 to 8 (inclusive). |
12. Offences
under the following rules of the Ministry of Works (Control of Advertisements)
Rules- |
Rules
5, 17 and 19. |
13. Offences
under the following rules of the Public Parks Rules- |
Rules
3 to 9 (inclusive). |
14. Offences
under the following rules of the Sea Bathing Rules- |
Rules
2 to 4 (inclusive). |
15. Offences
under the following regulations of the Motor Vehicle and Speed Limit
Regulations- |
Regulations
6, 8, 10, 16 to 24 (inclusive), 26, 27, 28 and 38. |
16. Offences
under the following regulations of the Pedestrian Crossing Regulations- |
Regulations
4 to 7 (inclusive). |
17. Offences
under the following regulations of the Road Traffic Regulations- |
Regulations
5 to 10 (inclusive) and 15 to 25 (inclusive). |
18. Offences
under the following rules of the Health Rules- |
Rules
13, 24, 25, 26, 37, 38, 39, 42, 150 and 162. |
19. Offences
under the following regulations of the Prince George Wharf Regulations- |
Regulations
4, 6, 8 and 13. |
20. Offences
under the following regulations of the Potters Cay Wharf Regulations- |
Regulations
3, 4, 7, 9 and 10. |
21. Offences
under the following regulations of the Potters Cay Wharf Regulations- |
Regulations
3, 4, 7, 9 and 10. |
MAGISTRATES RULES OF COURT
| G.N. 200/1934
G.N. 121/1953 |
[See Schedule to
the Magistrates Act (Ch. 54) in Volume I of this Revision]
APPEALS FROM MAGISTRATES (PROCEDURE) RULES |
| | |
| G.N. 147/1955 |
| (SECTION 96) | | | [Commencement 22nd
September, 1955] |
|
| |
1. These
Rules may be cited as the Appeals from Magistrates (Procedure) Rules. | Short title. |
2. In all
appeals against a decision of a magistrate in the exercise of his summary
criminal jurisdiction the notices of appeal required by the provisions of
section 56 of the Magistrates Act (hereinafter in these Rules referred to as
"the Act") may be served upon the magistrate concerned by handing the
same to the said magistrate, or to his clerk, and upon the other party by
handing the same to the magistrate or to his clerk where the case has been
heard in any Out Island or by handing the same to the prosecuting police
officer where the case has been heard in New Providence. | Appeals from summary criminal jurisdiction. |
3. In all
appeals against a decision of a magistrate in the exercise of his summary
matrimonial or civil jurisdiction the notices of appeal required by the
provisions of section 56 of the Act may be served upon the magistrate concerned
by handing the same to the said magistrate, or to his clerk, and upon the other
party by the process-server of the particular magistrate's court to whom the
said other party shall be pointed out and identified by the appellant or his
representative. | Appeals from summary matrimonial or civil
jurisdiction. |
4. Where a
case has been heard in New Providence and a person aggrieved desires to apply
for an extension of time under the provisions of the proviso to section 56 of
the Act, such application shall be made by notice of motion in the Form A in
the
Schedule hereto, accompanied by an affidavit setting out briefly the reasons
for such application, and if a copy of such notice and affidavit be served upon
the other party in accordance with the provisions of rule 3 of these Rules such
notice and service shall be sufficient and good. | Extension of time when case heard in New Providence. |
5. (1)
Where a case has been heard in an Out Island application to extend the time
under the proviso referred to in rule 4 of these Rules may be made by notice in
Form B in the
Schedule hereto, accompanied by an affidavit setting out briefly the reasons
for such application and given in the first place to the magistrate concerned.
A copy of such notice may be served upon the other party in accordance with the
provisions of rule 3 of these Rules and such notice and service shall be
sufficient and good. | Extension of time when case heard in Out Islands. |
(2) The other
party may, if he so wishes, file with the said magistrate an affidavit in reply
and unless the applicant or the other party indicated either in the said notice
or counter affidavit that he wishes to be heard in the matter, the magistrate
concerned shall forward the notice and affidavit or affidavits, as the case may
be, together with a certificate of service upon the other party, to the Circuit
Justice who may grant or refuse the application upon the facts set out in the
said affidavit or affidavits. |
(3) Where either
the applicant or the objector states that he wishes to be heard in the matter
then the notice, affidavit or affidavits and certificate shall be sent by the
magistrate to the Circuit Justice who shall set a date for such hearing as
early as may be convenient. |
SCHEDULE |
FORM A (Rule 4) |
|
BAHAMA ISLANDS
IN THE SUPREME COURT
APPELLATE SIDE
|
19........
No.......
|
|
Petitioner
AND
Respondent
|
|
NOTICE OF MOTION
|
|
TAKE NOTICE that the
Court will be moved on the
.......................................................... day
of.............................................................................
A.D. 19.... at ............. o'clock in
the............................................................noon or so
soon thereafter as Counsel can be heard
by................................................................................................
of Counsel for the intended Petitioner that etc.
|
|
Dated the .............
day of ................................................... A.D.
19...............
|
|
|
Attorney for the
intended
Petitioner.
|
|
FORM B (Rule 5) |
|
BAHAMA ISLANDS
IN THE COURT OF THE CIRCUIT JUSTICE
at..............
|
|
Petitioner
AND
Respondent
|
|
NOTICE
|
|
TAKE NOTICE that
I/We..................................the Petitioner(s) above-named am/are
applying to the Circuit Justice for leave to extend the time within which the
notice of appeal prescribed by section 56 of the Magistrates Act may be
served. My/Our reasons therefore are set out in the affidavit annexed hereto.
|
|
I/We do/do not wish to
be heard on this application.
|
|
|
(Signed)............................................
Petitioner
|
|
Date
.........................................................................................................................................
|
|
|
|