39. Definitions for judicIal purposes
In an enactment the expression—
“action” includes claim as defined in the Rules;
“committed for trial”, when used in relation to any person, means committed to prison with a view to his or her being tried before a judge and jury by any authority having power to commit a person to prison with a view to his or her trial, and includes a person who is admitted to bail upon a recognizance to appear and stand trial before a judge and jury;
“Court of Appeal” means the Court of Appeal established by the Supreme Court Order;
“court of summary jurisdiction” means a district court;
“the Supreme Court Order” means the Supreme Court Order;
“district court” has the meaning assigned to it in the District Courts Act;
“High Court” means the High Court of Justice established by the Supreme Court Order;
“judge” means any puisne judge appointed under the Supreme Court Order and includes the Chief Justice;
“justice” means a justice of the peace;
“law” includes any Act, Ordinance, Act of the Imperial Parliament and any subsidiary legislation or rule of court made or given under the authority of any law;
“magistrate” means a stipendary magistrate of the Island, and includes an assistant magistrate;
“master” means master of the Eastern Caribbean Supreme Court;
“originating motion” includes fixed date claim as defined in the Rules;
“originating summons” includes fixed date claim as defined in the Rules;
“plaintiff” includes claimant as defined in the Rules;
“printed by authority of law” means printed by the Government Printer;
“Rules” means the Eastern Caribbean Supreme Court Civil Procedure Rules;
“rules of court”, when used in relation to any court, means rules made by the authority having power to make rules regulating the practice and procedure of that court and includes the Code of Civil Procedure;
“specially endorsed writ” includes claim form as defined in the Rules;
“summary conviction” means conviction before a magistrate in accordance with the law in force regulating the procedure before magistrates in respect of offences cognisable by them;
“summary offence” has the meaning assigned to it by the Criminal Code;
“Supreme Court” means the Eastern Caribbean Supreme Court established by the Supreme Court Order;
“writ of summons” whether or not endorsed with statement of claim, includes claim as defined in the Rules.
-
(Amended by Act 24 of 2000)