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Further extension of the equitable Jurisdiction of the common law side of the Supreme Court.
Striking out of equitable defences.
Payment of money into Court no admission of cause of action.
Actions of ejectment for Crown lands, &c., may be brought by the Attorney General.
False testimony.
Court of error and appeal.
ORDINANCE No. 5 OF 1856.
Common Law Procedure.
be passed for amending the same, shall be by summary application to the Supreme Court on the common law side, and by way of motion supported by affidavit; and the said Court shall, if it deem meet, by rule or order give such relief as by the said section any such competent Court as in the said Act is mentioned hath power to give.
6. In like manner, any party to an action may, upon his or her summary application to the said Court, obtain, in the cases specified in the hereby extended enactments of the "Common Law Procedure Act 1852," or in the said Ordinance No. 6 of 1855, any such writs of injunction or other equitable relief as therein expressed: And no such party shall be obliged to have recourse for such relief to the equity side of the actual said Court by bill or otherwise.
7. It shall be lawful for the said Court to order to be struck out of any pleadings at law, upon such terms as to the said Court shall seem meet, any equitable plea or equitable replication which doth not appear to disclose a good defence upon the merits either at law or in equity.
8. Payment of money by a defendant into Court shall in no case soever be deemed an admission of any of the causes for which such action may have been brought.
9. The Attorney General may lawfully institute and prosecute in his own name an action of ejectment for recovering unto the Crown any lands, tenements or hereditaments claimed by the Crown and whereof the Crown is not in actual possession.
10. The penalties of wilful and corrupt perjury shall be incurred by any person who shall falsely swear to, or with or without oath falsely affirm or state, any matter of evidence under this or any other Ordinance. [Repealed by Ordinance No. 2 of 1889.]
11. Until a Court of error and appeal shall be constituted in this Colony, so much of Schedule A to this Ordinance as relates thereto may be so far as practicable taken advantage of by appeal to Her Majesty in Council.
SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THIS ORDINANCE REFERS.
Title or Subject matter
of Act.
How much of the Act is hereby
extended to this Colony.
Date of Act.
6 & 7 Vict. c. 67.
Proceedings in Mandamus.
The whole Act.