Revised Laws of Saint Lucia (2021)

Facilities for Enforcement (District Court) Rules – Section 7

(Gazette 23 December 1922)

Gazette 23-12-1922 .. in force 23 December 1922

FACILITIES FOR ENFORCEMENT (DISTRICT COURT) RULES – SECTION 7

1.  

   1.   The copy of an order made by a court outside Saint Lucia and received by the Governor General under section 3(1) of the Act, shall, unless the order was made by a court of superior jurisdiction, be sent to the clerk of the district court of the magisterial district within which the defendant is living.

1.  

   2.   The copy of a provisional order made by a court outside Saint Lucia and received by the Governor General under section 3(1) of the Act shall be sent to a district court in the manner provided by the foregoing rule, with the accompanying documents and a requisition for the issue of a summons.

1.  

   3.   The clerk to whom any order is sent in accordance with the above rules shall enter it in his or her register on the date on which he or she receives it in the same manner as though the order had been made at his or her court, distinguishing it from the other entries in such manner as he or she may find most convenient, so as to show that it is entered under the Act.

1.  

   4.   When an order provisionally made outside Saint Lucia is confirmed, with or without modification, under section 5 of the Act, by a district court, or the court has decided not to confirm it, the clerk of the court shall send notice thereof to the court from which it issued, and also to the Governor General.

1.  

   5.   When an order is registered in a district court under section 3 of the Act, or a provisional order is confirmed by a district court under section 5, that court shall, unless satisfied that it is undesirable to do so, direct that all payments due thereunder be made through an officer of the court, or such other person as it may specify for the purpose. Such direction may be given without any complaint or application.

1.  

   6.   The person through whom the payments are directed to be made shall collect the monies due under the order in the same manner as though it were an affiliation order, and may take proceedings in his or her own name for enforcing payment, and shall send the monies, when so collected, to the court from which the order originally issued.

However, if the court from which the order originally issued is in the United Kingdom or in a colony not possessing responsible Government or in a British Protectorate other than Zimbabwe, the monies so collected shall be paid to the Crown agents for the colonies for transmission to the person to whom they are due.

1.  

   7.   When a provisional order made under section 5 of the Act has been remitted under subsection (4) of that section to a district court for the purpose of taking further evidence, notice specifying the further evidence required and the time and place fixed for taking it shall be sent by the clerk of the court to the person on whose application the provisional order was made.

1.  

   8.   When it is desired to enforce under section 4 of the Act, an order made in Saint Lucia against a defendant who is resident outside Saint Lucia a certified copy of the order should be forwarded to the Governor General with a statement giving the full address and personal description of the defendant to which his or her photograph should, if possible, be attached.

1.  

   9.   (1)   When a provisional order is made under section 5 against a defendant who is resident outside Saint Lucia, the evidence taken at the hearing must be put in the form of depositions (including a statement as in the foregoing paragraph) and sent to the Governor General, with a certified copy of the order and a statement in the subjoined form of the grounds on which it might have been opposed if the defendant had appeared in obedience to a summons duly served on him or her. Such an order should show clearly on the face of it that it is “provisional”, that is, that it is made under section 5 of the Act.

1.  

   (2)   A certificate of marriage should generally be attached to the depositions as an exhibit in proof of the marriage.

   Form of Statement under Section 5 of the Act.
   ––––––––
   In Saint Lucia of Saint Lucia.	Magisterial District No.
   A.B.
   v.
   C.B.
   The grounds upon which the making of the order herein might have been opposed if the said C.B. had been duly served with a summons and had appeared at the hearing, are—
   		(Insert one or more of the appropriate grounds mentioned below.)
   Given under my hand and seal this ................................. day of 20 ........... at the .............................................. Court aforesaid.
   Magistrate of District No.
   Grounds of Opposition—
   1.     That he was not married to the said A.B.
   2.     That his marriage to the said A.B. was void in law.
   3.     That a decree of divorce or of nullity of marriage had been pronounced by a competent Court.
   4.     That a decree of judicial separation or an order having the effect of such a decree was in force at the time of the said hearing.
   5.     That he and his wife A.B. were living apart by mutual consent or agreement.
   6.     That his wife had deserted him.
   7.     That A.B. had committed adultery which had not been condoned, connived at, or by wilful misconduct or neglect conduced to, by him.
   8.     That he had reasonable cause to leave his said wife.