ORDINANCE No. 2 OF 1855.
Foreign Attachment,
16. And whereas in some cases business is or may be carried on in this Island by persons in copartnership or by one individual or more assuming the style 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 enacted and ordained that (in order to prevent any failure of justice in such cases) every such copartnership and the several members thereof or the persons or person having carried on business under the style of any such copartnership may be sued in 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.
17. And be it enacted and ordained that every judgment obtained or order made in any such action as last aforesaid shall have the same effect and operation upon the persons and property both real and personal of such copartnership and of the 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.
18. Provided always and be it enacted and ordained that 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 copartnership shall by reason only of his being so sued be incompetent as a witness 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.
19. And (for supplying a more full and effectual remedy in this behalf in all cases in which there are joint contractors one or more of whom shall be absent from 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-joinder 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.
20. And be it enacted and ordained that nothing in this Ordinance contained shall extend to any action of trespass or other action in tort (trover or detinue excepted) but to actions on or arising out of contract only.
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Copartnerships
all of whose members are not known.
Such copartnerships may be sued in the name of any one member or agent.
Judgment against such defendant to operate against the copartnership.
Proviso.
Agent not to be incompetent as a witness.
Pleas in abatement.
Ordinance to extend only to cases of contract.