298
Property in pos-session of uny co defendant.
Provision in caso of defendanta sued as copart-nors.
Such copartners absent from the Colony to have notice.
ORDINANCE No. 2 or 1855.
Foreign Attachment.
and form either by a feigned issue between the parties or otherwise and at such time and under such terms and conditions for the purpose of securing the substantial ends of justice as to the said Court shall seem meet and the said Court after such enquiry and determination had shall thereupon give such judgment or from time to time make such order or orders in the premises between the parties as the justice of the case shall appear to require and every such judgment and order may at any time (if the party succeeding shall think fit) be suggested upon or added to the record of the original action in which such final judgment shall have been so obtained as aforesaid—And every such affidavit if made within the Colony shall be sworn before some officer of the Court or person authorised or to be authorised to take affidavits to be used in the said Court or if made elsewhere shall be sworn before a Judge or master of some Court of Law or Equity or the Chief Magistrate of some city or corporate town certified under the official seal of such Magistrate.
13. And be it enacted and ordained that the property of any such absent defend-ant as aforesaid may under the provisions of this Ordinance be equally attached and taken in the custody or power of any co-defendant as of any such garnishee or person as aforesaid not being a party to the action and that no process of foreign attachment against any such absent defendant nor any lien intended to be thereby created upon the lands monies securities debts and chattels or other property of such defendant thereby attached shall in any case be defeated by reason of any such co-defendant or other garnishee as aforesaid being or claiming to be jointly interested with such defend-ant therein either as partner or otherwise.
any
14. Provided always and be it enacted and ordained that in all cases wherein two or more defendants shall be sued as copartners and as to either of such defendants-there shall be a return of non est inventus but as to any other of such defendants there shall be a return of personal service or of cepi corpus then if at ally time after such return an affidavit shall be filed that to the best of the deponent's knowledge and belief the defendant served or arrested did in fact when the cause of action accrued carry on business in this Island or its dependencies as a copartner jointly with the defendant as to whom there shall have been such return of non est inventus and that such last men-tioned 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.
15. And be it enacted and ordained that thereupon or as soon after as convenient-ly may be the plaintiff shall cause a notice signed by himself or his attorney to be pub-lished in the Government Gazette and in not less than one other newspaper published within this Colony in the form or to the effect of the form in the schedule to this Or-dinance marked D-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 Ga-zette) 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.