ORDINANCE No. 5 of 1850.
Justices of the Peace.
defendant or witness having been duly summoned has neglected to appear, or has wilfully absented or concealed himself so as to avoid being served with the said summons, or if previous to the issue of such summons the said Justice shall be satisfied by evidence that it is probable such defendant or witness will not attend without being compelled to do so, the said Justice issue his warrant to bring before him such defendant or witness, or in the absence of the defendant may, in his discretion, proceed to hear the case ex parte: and the parties in any proceeding, their wives, and all other persons, may be examined on behalf of either the plaintiff or defendant; subject to all just exceptions.
6. Be it further enacted and ordained, that in the matters of disputed partnership accounts, or of disputed accounts between other parties falling within the proper jurisdiction of Justices of the Peace, the sitting Justice may, with the consent of the parties, refer all matters in dispute to arbitration, and make the award a decree of the Court, and enforce the same accordingly or the Justice may refer the examination of the accounts to any clerk or officer of the Court or other person, to report thereon, and may employ the said report as a means of arriving at a just conclusion in the case.
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Of compelling attendance.
Matters may be referred for arbitration, or to an accountant for a report. [See Ord. No. 7 of 1862.]
Judgment may be though others be jointly liable.
7. Be it further enacted and ordained, that if any plaintiff have a demand against two or more persons jointly answerable, judgment may against one, be given against one of those persons notwithstanding that others may not have been sued or may not be within the jurisdiction of the Court: but the person having satisfied such judgment may recover contribution from any other person jointly liable: and in case of misjoinder of defendants, judgment may be given against such only as shall appear to be liable.
Validity of judgment not to be affected by variance between the proof and the plaint.
8. Be it further enacted and ordained, that the adjudicating Justice shall in all matters give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence of which he shall appear to have been guilty, or give judgment for the original plaintiff for the amount appearing to be justly due to him, notwithstanding that the proof may be at variance with the complaint as originally laid : Provided always that reasonable time be allowed for the defence and the Defendant to production of the defendant's witnesses.
9. Be it further enacted and ordained, that when there shall exist no facility for swearing a witness to speak the truth, or when the witness shall have conscientious scruples to bind himself by oath, or it shall not be the custom of his country to give testimony upon oath, the evidence shall be allowed; Declarations may be substituted for oaths in certain cases.