Interpretation

In this Act, unless the context otherwise requires12 “action” means a civil proceeding commenced by writ or in such other manner as may be prescribed, but does not include a criminal proceeding by the State; “cause” includes any action, suit or other original proceeding between the plaintiff and a defendant, and any criminal proceeding by the State; “Court” means the Supreme Court constituted by the Constitution, and includes a judge when exercising any of the jurisdictions conferred on him by this Act, by any other Act or “decision” means any final adjudication of an inferior court in a cause or matter before it and includes any non-suit, dismissal, judgment, conviction, sentence, order or other determination of the cause or matter; “defendant” includes every person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceeding; “judge” means a judge of the Court and includes the Chief Justice; “judgment” includes decree; “Legal Education Certificate” means a certificate issued by the Council of Legal Education established by an Agreement made by Commonwealth Caribbean countries at Georgetown, Guyana on 25th November, 1970; “marshal” means the marshal appointed by the Public Services Commission under this Act; “matter” includes every proceeding in the Court not in a cause; “order” includes rule; “party” includes every person served with notice of, or attending, any proceeding although not named on the record; 13 “petitioner” includes every person making any application to the Court, either by petition, motion or summons, otherwise than as against any defendant; “plaintiff” includes every person asking any relief, otherwise than by way of counter claim as a defendant, against any other person by any form of proceeding, whether the same is taken by action, suit, petition, motion, summons or otherwise; “pleading” includes any petition or summons, and also includes the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counterclaim of a defendant; “prescribed” means prescribed by rules of court; “registry” means the registry of the Court; “rules of court” means the rules of practice and procedure made under the Supreme Court Ordinance, in force immediately before the commencement of this Act, under this Act and under any other Act conferring the power on the Chief Justice, either by himself or with the concurrence of the other judges, to make rules and orders, and includes forms, fees and costs; and CAP. 153., c. l. 1924. “security” means either a recognisance or a written undertaking with or without sureties in the discretion of the inferior court, and includes the deposit with the inferior court of a sum equal in amount to the sum for which a recognisance or an undertaking is required, which deposit shall be held subject to, and shall abide, the order of the Court or the inferior court.