246
XIV. PROVIDED ALWAYS AND BE IT ENACTED AND ORDAINED that Provision in case in all cases wherein two or more defendants shall be sued as copartners and as to either of defendants sued of such defendants there shall be a return of non est inventus but as to any other of such as copartners. defendants there shall be a return of personal service or of cepi corpus then if at any time after any such return an affidavit shall be filed that to the best of the deponent's know. ledge and belief the defendant served or arrested did in fact when the cause of action accrued earry ou business in this Island or its Dependencies as a copartner jointly with the defendant as to whom there shall have been such return of neon est inventus and that such lastmentioned defendant is absent from the Colony it shall be lawful for the plaintiff at his option to proceed against every such defendant (in case no appearance be entered for him) in the manner next hereinafter mentioned.
are not known.
have
XV. AND BE IT ENACTED AND ORDAINED that thereupon or as soon after Such copartners. as conveniently may be the plaintiff shall cause a notice signed by himself or his absent from the attorney to be published in the Government Gazette and in not less than one other Colouy notice. newspaper published within this Colony in the form or to the effect of the form in the Schedule to this Ordinance marked Ď-AND if on the day named in such notice (such day not being less than ten days next after the day of the publication of the same in the Government Gazette) no appearance be entered for such defendant or defendants the plaintiff may cause such appearance to be entered and may proceed as if he or they resided within this Colony and had appeared to the action in person.
XVI. AND WHEREAS in some cases business is or may be carried on in this Copartnerships all Island by persons in copartnership or by one individual or more assuming the style of whose members of a copartnership or acting as agent or agents for a copartnership and in some of those cases the members of such copartnership or some of them are not only absent from the Colony but their names are or may be unknown-BE IT THEREFORE Such ENACTED AND ORDAINED that (in order to prevent any failure of justice in such ships may be sued in the name of any cases) every such copartnership and the several members thereof or the persons or person one member or having carried on business under the style of any such copartnership may be sued in agent. any action at law in the name or names of any one or more of the members of such copartnership on behalf of all the members composing the same or in the name or names of any such agent or agents for and on behalf of such copartnership so as that in all cases wherein but for this Ordinance it would have been necessary to mention the names of all the members composing any such copartnership it shall be sufficient to mention the name or names of such one or more member or members only or of such agent or agents on behalf of such copartnership.
copartner-
XVII. AND BE IT ENACTED AND ORDAINED that every judgment obtained or Judgment against order made in any such action as last aforesaid shall have the same effect and operation such defendant to upon the persons and property both real and personal of such copartnership and of the operate against the
copartnersihp. several members thereof whether such property be joint or separate as if every member of such copartnership had been actually and in fact a defendant in the action and every such judgment or order may be enforced against all such property as in ordinary cases of the like nature.
XVIII. PROVIDED ALWAYS AND BE IT ENACTED AND ORDAINED that Proviso. in every summons and other writ issued and declaration or other pleading filed on behalf of the plaintiff in any action brought under the provisions of the two preceding sections the style or firm of the copartnership shall be specified and it shall distinctly appear that the defendant or defendants sued is or are so sued for and on behalf of such copartnership--AND PROVIDED ALSO that no agent sued on behalf of any such Agent not to he copartnership shall by reason only of his being so sued be incompetent as a witness incompetent as a in the action on behalf either of the plaintiff or of the copartnership or be liable either in person or property to any judgment obtained in such action.
witness.
XIX. AND (for supplying a more full and effectual remedy in this behalf in all Pleas cases in which there are joint contractors one or more of whom shall be absent from ment. the Colony)-BE IT ENACTED AND ORDAINED that no plea in abatement shall hereafter be received on behalf of any defendant in any action in respect of the non-join. der therein of any person alleged to have been a joint contractor with such defendant unless it be expressly alleged in such plea that the person not joined is then resident at some place within this Island or its Dependencies and where in particular.
in abate-
XX. AND BE IT ENACTED AND ORDAINED that nothing in this Ordinance Ordinance to ex- contained shall extend to any action of trespass or other action in tort (trover or detinue tend only to cases of excepted) but to actions on or arising out of contract only.
contract.
XXI. AND BE IT ENACTED AND ORDAINED that absence from the Colony The term shall for the purposes of this Ordinance be taken to be absence for the time being sence." whether the party shall ever have been within this Island or not.
"ab-
may
XXII. AND BE IT ENACTED AND ORDAINED that in all cases in which no pro- The Court vision or no sufficient provision in that behalf is by thisOrdinance made it shall be lawful make rules and for the said Supreme Court from time to time for the purpose of facilitating or more fully award costs. or effectually carrying any or either of the objects of this Ordinance into execution upon any application in a summary way made for that purpose by or on behalf of any person interested in any matter by this Ordinance intended to be provided for or without any such application to make and prescribe all such rules and orders either general or applicable to any particular case only touching any of the matters intended to have been hereby provided for and touching also the manner of proceeding before or ap-