ORDINANCE No. 15 of 1844.
Supreme Court.
129. And be it further enacted and ordained, that all orders, and decrees, or other decision, so to be made or pronounced by the said Chief Justice in any such summary proceeding as aforesaid, shall be final and conclusive to all intents and purposes whatsoever.
130. And be it further enacted and ordained, that in case any action or suit, shall at any time hereafter be commenced, or brought against any officer, or officers of the said Court, or against any other person or persons, for any thing done in pursuance of, or under the authority of this Ordinance, it shall and may be lawful for such officer or officers, or other person or persons, in every suit or action to plead the general issue, and give this Ordinance, and the special matter in evidence: and in case the plaintiff or plaintiffs, in such action or suit, shall have a verdict passed against him or them, or be nonsuit, or discontinue his, her, or their action or suit, the defendant or defendants shall in any of the said cases be allowed double costs.
131. And be it further enacted and ordained, that no action or complaint, or other proceeding under the summary jurisdiction given by this Ordinance shall be treated or considered as invalid, or subject to be set aside, on account of any verbal or technical error; but that all errors and mistakes not having a tendency to mislead the opposite party shall and may, in all cases, be amended or altered by the Court.
132. And be it further enacted and ordained, that in all actions and complaints or other proceedings under the summary jurisdiction given by this Ordinance, the unless and fees specified in the schedule hereunto annexed, marked (No. 12.) shall until otherwise ordered and directed, be established, and be deemed and taken, as the lawful fees and emoluments for the discharge of the several duties therein specified; and the Chief Justice of the said Court shall have full power to compel the payment thereof in a summary way, by order, and on non-payment, by warrant of distress and sale, under his hand and sealed with the seal of the Court; and the said fees shall be received and accounted for by the Registrar of the said Court, and be paid over quarterly to the Colonial Treasurer for the public uses of the said Colony.
133. And be it further enacted and ordained, that any poor person, before commencing or defending any action or suit in the said Court, in his own right, or becoming poor during the progress thereof, may apply to the Court, on motion, for leave to sue or defend as a pauper, which motion shall be supported by an affidavit of the party so applying, and of two householders living in his neighbourhood, that he is not possessed of property to the amount of fifty dollars in value, excepting household goods, wearing apparel, tools of trade, and the matter or thing claimed by him in the action or suit, if he be plaintiff, and thereupon it shall be referred to a barrister of the said Court, to consider the said case; and upon the party so applying producing a certificate signed by such barrister, that he has considered the case of the said party, and believes him to have a good cause for action, or defence, as the case may be, it shall be lawful for the said Court to grant a rule to the party applying calling upon the opposite party to show causes why the applicant should not be allowed to sue, or defend as a pauper.
Orders to be final.
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Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees,
Registrar to receive and account for fees.
Right to sue or defend in forma pauperis.