QUIT RENTS

THE QUIT RENTS ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Delbition of quit rents.
3. Quarterly transmission to Commissioner of Inland Revenue of
dockets of deeds and patents entered in Record Office.
4. Alphabetical roll of taxpayers.
5. Evidence.
6. Land in respect of which quit rents in arrear for five years may
be proceeded against as forfeited.
7. Forfeiture notwithstanding part payment of quit rents.
8. Proceedings exempt from stamps.
9. Portions of estate or property as separate holdings.
10. Where quit rents in arrear for five years Collector not to receive
same except from owner or his representative.
11. Quit rents unpaid for ten years irrecoverable.
12. Mode of commencing proceedings for forfeiture.
13. Practice of High Court.
14. Service of writ.
15. Appearance by person asserting title.
16. Affidavits of service.
17. Issues raised by writ.
18. No pleading to writ.
Appearance within twenty days.
Setting down case for trial.
Appearance how entered.
Notice of trial.
19. Evidence at trial.
20. Acreage, how proved.
21. Verdict of jury and duty of Clerk thereon.
22. Procedure on no appearance to writ as to the whole or a portion
of the lands.
. .
[The incldon af this page is a u 6 h o W by L.N. 87/1986]
2 QUIT RENTS

23. Entry of judgment after verdict.

24. Effect of interlocutory judgment and proceedings thereon.
25. Final judgment not to be made until possession obtained under
interlocutory judgment.
26. Persons dispossessed under interlocutory judgment which is
reversed on a new trial.
27. Proclamation of interlocutory judgment.
28. Application for new trial.
29. Applicant for new trial to give prima facie evidence of title.
30. Payment of quit rents and effect thereof.
31. Effect of appearing to writ.
32. Issues to be tried before jury in Circuit Court.
33. Amount payable to Parish Council on sale after final judgment.
34, Rules and forms.
35. Quit rents appropriated to Consolidated Fund.

SCHEDULES

[The inclusion of this page is authorized by LN. 87/19&61

 QUIT RENTS 3

THE QUIT RENTS ACT Cap. 331.

Act
12 of 1985
EIIth April, 1896.1 Sch.

1. This Act may be cited as the Quit Rents Act. Short title.

2. In this Act the term “quit rents’’ means a quit rent of Definitionof
five-sixths of a cent for each acre and for each fraction of quit rents.

an acre granted and paid as a certain established quit rent

and acknowledged to Her Majesty by all persons who hold
land within the Island on which the quit rents have not
been redeemed.
3. The Deputy Keeper of the Records shall, at the expira- Quarterly
tion of each quarter of every year, transmit, or cause to be tmissionto
ranS-

transmitted, to the Commissioner of Inland Revenue a

docket of every deed or patent of land which shall have Inland
IRevenue of
been brought into his officeto be recorded during the last dockets of
deeds and
preceding quarter, setting forth therein the name of the pur- patents
chasers or patentees, grantor or grantors, the name of the r;s$h
parish, the quantity of land, and the boundaries thereof, to office.
the intent that the Commissioner of Inland Revenue may soh. 12 I1985

know from whom the quit rents thereon shall thereafter be

due and payable, in the form in the First Schedule, and z;Lule.
such dockets shall be numbered from the commencement
of each quarter in arithmetical succession and the Deputy
Keeper of the Records shall be entitled to receive, from
the party bringing any such deed to be recorded, the sum
of fifteen cents.

4. In the alphabetical rolls of taxpayers kept by the r=wqwdw

taxpayers.
several Collector of Taxes under authority of any enactment rollof
for the time being in force relating to or making provision
for rolls of taxpayers, there shall be recorded-
___
[The inclasion of this p a s is mthorized by L.N. 87/1%q
4 QUIT RENTS

(a) the names of the persons liable to pay quit rents,

so far as they are known;
(b) the names of the properties liable;
(c) the name of the property of which the land liable
is now or was formerly a part;
(d) the acreage of the property liable to quit rent;
(e) if the quit rent is in arrear, the number of years
it is in arrear; and the Collector of Taxes shall
record against each such last-mentioned entry, the
payment of quit rent when made, distinguishing
payments for current taxes from payments for
arrears. At the termination of each year ending
the thirty-first day of July, the Collector of Taxes
shall declare to the correctness of the entries relat-
ing to quit rents before a Justice, in the form set
Second forth in the Second Schedule, and such declaration
Schedule.
shall be made and recorded at the end of the roll.
Evidence. 5. The entries required to be made by section 4, shall be
sufficient evidence upon which to found the certificate of
the Collector of Taxes as to the payment of quit rents, or
the non-payment thereof for the period, or any portion of
the period comprised in such entries. And the book con-
taining such entries produced from the custody of any
Collector of Taxes, or the certificate of the Collector of Taxes
of the facts shown by such entries, shall respectively and
equally be prima fa& evidence of the facts stated therein,
and of the non-payment of moneys, which if paid, should
appear as paid therein.
Land in 6. In every case where it shall appear that the qujt rents
respect of
which quit are in arrear, and have not been paid in respect of any land
rents in in this Island for the space of five years, such land may be
arrear for
five years
may be
proceeded against as forfeited to Her Majesty, her heirs
proceeded and successors, in right of the Government of Jamaica, for
against as
forfeited. non-payment of such quit rents.
[The indusim d this page is authom by L.N..87/1986]- - -
 QUIT RENTS 5

7. Notwithstanding payment of any part of such quit Forfeiture

notwith-
rents may have been made, yet, if it shall be shewn that standing
exclusive of the amount paid, there are quit rents in arrear LyAtyf-
and unpaid in respect of any land for the space of five years, quitrents.
such land may be proceeded against as forfeited as aforesaid.

8. All proceedings under this Act shall be free of stamp Proceedings

exempt from
duty. stamps.

9. Where portions of an estate or property in respect of estatePortionsof

or
which no quit rents have been paid for five years or upwards separate
property as
have been for five years or upwards separate holdings, the holdings.
lands comprised in such separate holdings shall be liable only
for the quit rents due in respect of themselves, and shall not
be liable for the quit rents due in respect of any other portion
of the estate or property of which, before the commence-
ment of such period of five years or upwards, they had
formed part.

10. In the case of lands on which the quit rents have been merequit
rents in
in arrear for five years and upwards, or in respect of which w e a r for
no previous entry appears in the books of the Collector of g u y s
Taxes, the quit rent payable for the preceding five years not to receive
in respect of such lands or any portions thereof, shall not sameexcept
from owner
be accepted by the Collector of Taxes for the parish in which or his repre-
the land is situated, unless the party tendering such quit rent sentative.
produces satisfactory evidence that he is or represents the
owner of the land in respect of which such arrears are
tendered.

11. No quit rent shall be recoverable from any person Quitrents

unpaid for
except within ten years from the day when the same became ten years ir-
or shall become due and payable, and at the end of such recoverable.
period of ten years the quit rent on any land shall cease to
be a charge on such land, or to render the same liable to
forfeiture for non-payment thereof.
[The inclusion of this page is authorized by L.N. 480/1973]
.
 6 QUIT RENTS
I

Mode of 12. All proceedings for the forfeiture of land for non-
commencing
proceedings payment of quit rents shall issue solely at the instance of
for the Crown, and shall be commenced by the Crown Solicitor
forfeiture.
filing in the office of the Registrar of the Supreme Court a
Third writ in the form given in the Third Schedule :
Schedule.
Provided, that before any such proceedings shall issue,
two notifications, at intervals of not less than one or more
than two months each, shall be made in the Gazette, of the
land intended to be proceeded against.
Such notifications shall describe the land with reason-
able certainty, by giving its name and locality, boundaries
and approximate extent, and by giving, when practicable,
the names of the parties entitled, or believed to be or last
known to be entitled thereto, and of the parties in possession
or last known to have been in possession thereof, or the
names of some of the persons aforesaid :
Provided, that no error or misdescription of the land, or
omission to give any of the names aforesaid, shall vitiate the
notifications aforesaid, or any of them, if the Court shall be
of opinion that, notwithstanding such error, misdescription,
or omission, the land was so described that any one knowing
the land would have recognized it from the description.

Practiceof 13. The provisions of the Judicature (Civil Procedure

Supreme
Court. Code) Law or other enactment in force for the time being
z31Litn. for regulating the practice and procedure in the Supreme
Omitted). Court, as to the preparation of writs of summons, their being
sealed and filed, the procuring of copies of the same, their
renewal, and as to the mode of service or substituted service,
or notice in lieu of service, shall apply equally to writs
issued under this Act.
Service 14. The writ shall in all cases be served on the land sought
of writ.
to be affected thereby, by posting a copy thereof upon the
v h e inclusion of this page is authorized by L.N. 480119731
 QUIT RENTS

door of the dwelling-house or other conspicuous part of the

property.
It shall further be served on the person, or some one or
more of the persons, in possession of the said land or some
part thereof:
Provided always, that it shall be lawful for the Court or a
Judge to make an order dispensing with such last-mentioned
service:
Provided further, that in any case of doubt, it shall be
lawful for the Court or a Judge to dispense with any of the
provisions of this section, and to direct how and on whom
the writ shall be served.

15. Any person asserting title to the land or any part *ppeannCe
by person
thereof may, without any leave, appear to the writ, though he asseHingtitle.
has not been served with the same.

16. It shall be lawful for the bailiff, or other person of service.

charged with the service of any writs under this Act, to make
one affidavit of service applicable to any number of such
writs, such affidavit to show nevertheless how in the case
of each writ such service was effected.

17. The writ shall be deemed to all intents and purposes lssuesraised
by writ.
to raise the issue whether the quit rents payable in respect
of the land referred to were at the date of the writ in arrear
and unpaid for the period of five years, and if so for what
period, and what is the amount owing at the date of the writ
hi respect of such quit rents.

18. There shall be no pleadings to any such writs; but the NOp'eading
to M i t .
person served, and, with the leave of the Court or Judge,
any other person asserting title to the land or any part there-
of, may appear to defend for the whole or any part of the
land comprised in the writ.
[The inclusion of this page is authorized by L.N. 87/2004]
8 QUIT RENTS

Appearance Twenty days from the date of service shall be allowed for
within twenty
days. entering an appearance:

Provided that the Court or a Judge may allow an appearance to

be entered after that period so long as final judgment has not
been given.
Setting down On an appearance being entered, the Crown and the defendant
case for trial.
shall be deemed to be at issue as to the truth of the allegations
contained in the writ, so far as regards the land in respect of
which appearance is entered; and the Registrar shall take the like
steps for setting the case down for trial as he is required to take
in any ordinary suit in the Supreme Court on the close of the
pleadings, and the issue raised as aforesaid shall be tried and
determined in the same way as in any ordinary suit.
Appearance, An appearance may be entered by giving written notice to the
how entered.
Registrar of the Supreme Court to enter such appearance, and it
shall be sufficient to give such notice to any Clerk of the Court
for any parish, who shall forthwith forward the same to the
Registrar of the Court.

Notice o f In such written notice as aforesaid the party giving the same
trial.
shall furnish his name and his address for service. Any such
appearance shall be free of stamp duty.

On the Registrar setting any case down for trial as aforesaid,

the Director of State Proceedings shall cause notice to be served
on any party who has entered an appearance at his address for
service, so that the latter shall get the same eight clear days
before the holding of the Court at which the trial is to take place.

Evidence at 19. At the trial of the said issue the Judge shall receive
trial.
such legal evidence as shall be produced to the Court touch-
ing the premises; and a copy of the entry in any book by
law heretofore, now, or hereafter required to be kept
in respect to quit rents, certified by the Collector of Taxes for the

[The inclusion o f this page is authorized by L.N. 87/2004]

 QUIT RENTS 9

parish in which the land is situated as a true copy, or if no

entry of the lands shall appear in such books, then a docket,
certified by the Deputy Keeper of the Records, as a true
docket so far as appears on record in the Record Office, of
any deed relating to the land the subject of the writ, and the
certificate of the Collector of Taxes for the parish in which
the land is situated of the non-payment of the quit rents in
respect of that land for the whole or any portion of the time
mentioned in the writ, shall be prima facie evidence of such
non-payment, and of the liability of the land to the said
quit rent.
20. In the case of lands on which the quit rents are in Acreage,
how proved.
arrear in respect of which no entry appears in the dockets
forwarded to the Collector of Taxes for the parish in which
the land is situated under section 3, or in respect of which
there is no deed on record in the Record Office,or in respect
of which if any deed is on record, no acreage is stated in
such deed. the acreage of such lands shall be deemed to be
that certified by the Commissioner of Inland Revenue as 12/1985
being to the best of his information the correct acreage, un- sch.
less the party entering an appearance to the writ, can
prove the incorrectness of such acreage, and also what is
the correct acreage on which payment should be made.
21. Whenever it shall be found by the verdict of the jury, Verdictof
that the quit rents payable in respect of the land comprised &&sd
in the writ to which an appearance has been entered, are E&,.
in arrear, and have not been paid for the space of five years
or upwards before the date of the writ in respect of the land
comprised in the writ, or any part thereof, the Clerk of the
Circuit Court at which the issue shall have been tried shall
transmit the said writ, together with the verdict of the jury
to the office of the Registrar of the Supreme Court.
The Registrar shall cause a list of writs for forfeited lands
to be kept in some public part of his office in the form in
P” h&iOn of this p t s ~is aushapizsd by L.N. 87/1986]
10 QUIT RENTS

Fourth the Fourth Schedule, and shall include in such list all lands
Schedule.
against which writs under this Act have been filed, in which
no appearance has been entered within the time limited for
the entrance of an appearance, or, if an appearance has been
entered, in which the jury have found the quit rents to have
been in arrear as aforesaid.

Procedure 22. In cases where no appearance has been entered to the

on no
appearance writ, or where an appearance has been entered as to a portion
to writ as to
the whole or only of the land described in the writ, upon reading the
a portion of
the lands.
certificate of the Collector of Taxes for the parish in which
the land is situated that the quit rents on the lands described
in the writ, or any portion thereof, are in arrear and unpaid
for the space of five years and upwards, the notifications
required for section 12, the writ, the proof of service and the
certificate of the Registrar of the Court, that although the
time for entering an appearance has passed, no appearance
has been entered, the Suprcme Court shall, at any time on
application by or on behalf of the Attorney-General, give
interlocutory judgment in favour of the Crown for the for-
feiture of the lands comprised in the writ as to which no
appearance has been entered as aforesaid, or for the for-
feiture of the remaining portion of the lands comprised in
the writ in respect of which an appearance has been entered
in respect of a portion only. Such application as aforesaid
may be made to a Judge of the Supreme Court sitting in
Court or in Chambers.

&Waf 23. In cases where an appearance has been entered, upon

judgment
after reading the writ, and the finding of the jury that the quit
verdict. rents in respect of the land in respect of which the appear-
ance is entered were in arrear for five years, and had not
been paid at the time of the issuing of the writ, the Supreme
Court shall at any time, on application by or on behalf of
the Attorney-General, give interlocutory judgment in favour
of the Crown for the forfeiture of the lands comprised in
[The inclusion ,ofthis pcge is authorized py F.N. 8/! 19861'
...,-.
 QUIT RENTS 11

the writ as to which an appearance has been entered as afore-

said, and as to which the quit rents have been found to be
in arrear as aforesaid. Such application as aforeszid may
be made to a Judge of the Supreme Court sitting in Court
or in Chambers.

24. An interlocutory judgment obtained under this Act Effect of

shall, so long as no order shall have been made for a trial inter-
!ocutory
or a new trial, entitle the Crown to be put in possession of gu,ddgment
the land affected by such judgment, and to remove all parties proceedings
found in possession of the land or any part thereof, and all thereon.
necessary writs and proceedings shall be issued and had for
the purpose aforesaid.

25. No interlocutory judgment shall be made final unless Finaljudg-

the Court is satisfied that at least six weeks before the making ment not to
be made
of the motion for such final judgment, the Crown has been ~ t ~ p o s s e s -
put in possession of the land to be affected thereby, and has obtained
either removed all parties in possession of the same or any under inter-
iocuto~
part thereof, or has entered into agreements in writing with judgment.
such parties, or such of them as it has not seen fit to remove,
that they shall hold as tenants of the Crown.

26. If any person shall have been removed from possession Persons dis-
of any land under any interlocutory judgment as aforesaid,
and shall afterwards, on an order being made under section k;g;;t
28, succeed on a trial or a new trial of the issue raised by the whichis
reversed on
said writ, he shall be entitled to recover from the Crown a new trial.
full compensation in respect of his removal from possession
as aforesaid, and such compensation shall be assessed by
the jury at such trial or new trial.

27. Any interlocutory judgment obtained under this Act Proclamation

shall be proclaimed.at one sitting of the Circuit Court holden of inter-
locutory
for the parish where the land comprised in the writ or any judgment-
part thereof is situated, and also at one subsequent session
m e inclusion of this page is authorized by L.N. 480/1973]
12 QUIT RENTS

of the Supreme Court; and thereafter, if no order shall have

been made for a trial or a new trial of the issue raised by
the said writ in manner hereinafter provided, the Court shall,
on motion made by or on behalf of the Attorney-General,
give final judgment for the Crown in the terms of the inter-
locutory judgment aforesaid :
Provided, that one month shall have elapsed between the
date of the last-named proclamation and the application for
final judgment aforesaid. On final judgment being given
as aforesaid such judgment shall be binding and conclusive
on, and a perpetual bar to, all parties whomsoever claiming
any estate or interest in the said land, and the said land shall
be vested in the Crown in the same way to all intents and
purposes as if no grant of the said land had ever been made,
and all necessary writs and proceedings shall be issued and
had to put the Crown in possession of the land, and to
remove all parties found in possession of the land or any
part thereof.

Application 28. It shall be lawful for any person, at any t h e before

for new trial.
final judgment is given as aforesaid, to apply to the Supreme
Court for an order calling on the Attorney-Genera1 to shew
cause why a trial or a new trial (as the case may be) should
not be had of the first issue raised by the said writ, and it
shall be lawful for the Court to make such order absolute
accordingly.
On such order being made a trial or a new trial shall be
had on the said issue raised by the said writ.
If a verdict shall again be given for the Crown, the grant-
ing of such trial or new trial shall not in any way prejudice
or affect the validity of the previous interlocutory judgment,
or of any proclamation made thereof, or in any otherwise
prejudice or delay the right of the Crown to final judgment
of forfeiture :
[The inclusion of this page is authorized by L.N. 480/1973]
 QUIT RENTS 13

Provided aIways, that final judgment shall in no case be

given when an application for a trial or new trial has been
made until either the application has been refused, or if
granted, the trial or new trial shall have been had :
Provided also, that any application for such trial in respect
of part of the lands comprised in any writ, shall not have
any effect to defeat or delay the right of the Crown to final
judgment in respect of the remaining part.
29. No person shall be entitled to an order under the pre- Applicant
for new
ceding section without asserting and giving prima fade trial to give
prima focie
evidence of title to the land. evidence o t
title.
30. It shall be lawful for any person who has appeared Paymentof
to a writ under this Act, or who has obtained an order for
a trial or a new trial of the issue raised by any such writ, to *ereof-
pay to the Collector of Taxes for the parish in which the
land is situated the amount of the arrear of quit rents and
the costs of the Crown in the proceedings; and thereupon
the Attorney-General shall enter satisfaction on the said
proceedings :
Provided always, that no person shall be deemed to
acquire any sort of legal or equitable right or title to the
land by reason only of the payment of such arrears.
31. Any party appearing to any writ under this Act, or Effectof
obtaining an order for a new trial under this Act, shall be
deemed thereby to join issue on the issues raised by the writ.
;:sq
If an appearance, or if an order for a trial or a new trial, be
as to part of the land, the appearance or the order, as the
case may be, shall accurately describe the portion of the land
claimed, by stating the number of acres and the abuttals.
32. The issues raised by any writ under this Act shall be rssueStobe
tried before
tried before a jury in the Circuit Court having jurisdiction juryin
in the parish where the land or some part of it lies. Circuit.

[The inclusion of this page is authorized by L.N. 480/1973]

14 QUIT RENTS

Amount 33. If any land in respect of which final judgment has

payable to
Parish been given for the Crown under the provisions of this Act
sale after is sold by the Crown, the Parish Council of the parish in
final which such land is situate or with reference to the parishes
judgment.
of Kingston and St. Andrew, the Kingston and St. Andrew
Corporation shall receive out of the proceeds of the sale of
such land such sum as may have been due to the Parish
Council or the said Corporation for rates in respect of such
land at the time of such final judgment :
Provided, however, that the Parish Council or Corporation
shall only be entitled to receive such sum after there shall
have been deducted from the proceeds of the sale of such
land all amounts which were due to the Crown in respect of
such land at the date of the final judgment together with the
costs of forfeiture and sale of the said land :
And provided further that the Parish Council or Corpora-
tion shall not be entitled to any sum as aforesa;'d unless the
sale of the land by the Crown takes place within a period of
six years next after the date on which final judgment was
given for the Crown.

Rulesand 34. The Minister may make and from time to t h e may
forms.
rescind, alter and amend all forms and rules which may be
considered necessary for carrying into effect the objects
and provisions of this Act.

Quitrents 35. moneys payable in respect of quit rents under this

appropriated
Act shall be appropriated to the Consolidated Fund.
solidated
Fund.

me inclusion of this page is authorized by L.N. 480/19731

 QUIT RENTS 15

I
FIRST SCHEDULE (Section 3)
Dockets of Deeds recorded in the Record Officeof this Island from the

'
19 .
I 1
Particulars, -U
Title of deed Name description % %T
No- and parties
thereto 3 proiirty bom?$es
of land z z*
- PI
--

Declaration of Collector of Taxes

I, A. B.. Collector of Taxes for the parish of
solemnly and sincerely declare that this Roll contains a full, just and
true statement of all moneys which have been paid to or received by
me, or which appear from the accounts, books and records of my office
to have been paid to or received at my office from any person whom-
soever, on account of the quit rents for the parish of
during the year from the day of 19
to the day of , 19 , distinguishing whai
has been paid on account of the arrears for previous years; and I make
this solemn declaration conscientiously believing the same to be true.
and by virtue of the provisions of the Voluntary Declarations Act.
Taken and acknowledged, etc.

THIRD SCHEDULE (Section 12)

Form of Writ
In the Supreme Court Suit No. 19 9

Elizabeth the Second, by the Grace of God of Jamaica and of Her

other Realms and Territories, Queen, Head of the Commonwealth; To
the legal and beneficial owners and to the occupiers of and all persons
interested in all that (describe the land as required by section 3) or any
part thereof:
Whereas we are given to understand that the quit rents payable to us
in respect of the land above described for the space of Y-
before the issuing of this our writ have remained and been in arrear
and unpaid, so that there is now due and owing to us the sum of
s in respect of the said quit rents:
me inclusion of this page is authorized by L.N. 480/1973]
L ,

16 QUIT RENTS

And whereas we intend to p d against the said land as forfeited

to us under the Quit Rents Act, for non-payment of such quit rents:
These are to will and command such of you as assert any title to
the said land or any part thereof, and deny our right to have such land
forfeited to us, that you, within twenty days after service thereof on the
said land, do cause an appearance to be entered for you in our Supreme
Court to defend for such land or for such part as you may be advised;
in default whereof judgment may be signed for the said land or part
thereof. and the land may be declared forfeited to us, and all persons
turned out of possession of the said land.
On payment of the abovementioned amount of $
and $ for costs within the aforementioned period of
twenty days, further proceedings shall be stayed.
Witness, etc.
Take notice that an appearance may be entered by giving written
notice to the Registrar of the Supreme Court to enter an appearance.
but no such notice will be entertained unless the person giving the same
furnish his full name, address and occupation, and also an address at
which papers and documents may be served on him. It shall be suffi-
cient to give such notice to the Clerk of the Courts of the parish for
transmission to the Registrar.

(Section 21) FOURTH SCHEDULE

Writs for forfeited Lands

When final
Name of owper Name of Quantity If default judgment
or persop in property and or verdict may be
possession @I abuttaIs moved for

inclusion of this page is autborized by L.N. 4SO/1973]