402
Stay of pro-
ceedings in such case.
Inspection of documents.
Juries to consist of seven.
Applications
in matters of
· mere account to be made
within one day after
issue joined, at latest.
Vesting order in case of moveables,
wheresoever
ORDINANCE No. 3 OF 1858.
Supreme Court.
5. The said Court may stay proceedings instituted under section 4 or in any separate suit or matter in Equity, if the said Court shall be of opinion that the same ought not, or (as the case may be) ought to be prosecuted under the said section: And it shall have power to impose such terms, and give such directions upon such stay of proceedings with respect to costs, admissions, or otherwise, as shall be deemed meet.
6. Applications for inspection under Ordinance No. 3 of 1852, section 4, may be made at any time before trial or hearing.
7. Whether in civil or in criminal cases, and whether in proceedings before the said Court, or before the sheriff, or a commissioner, or an officer of the same, every jury (not being a Coroner's jury) shall always consist of seven men, and the unanimous verdict or finding of every such jury, or, where the case is not capital, of the majority thereof, shall be in all cases final for all purposes whatsoever. [Repealed by Ordinance No. 11 of 1864.]
8. Where the matter in dispute between the parties to any action consists wholly or in part of matters of mere account, which cannot be conveniently tried in the ordinary way, it shall be the duty of the plaintiff or his attorney, or (in his or their default) for the defendant, or his attorney, to make such application as is provided by Ordinance No. 6 of 1855, section 2, to the Court or in Judge's chambers within one day after issue is joined between the said parties at the latest.
9. The jurisdiction of the said Court to grant vesting orders of the estate and effects of insolvent debtors, is hereby declared to extend to all their moveable property wheresoever locally situate; yet so as that the said debtors are themselves personally subject to the jurisdiction of the said Court in respect of their insolvency.
Power to increase or
allowances.
10. Wheresoever it shall appear to the said Court (except when sitting in its Admiralty jurisdiction), that allowances of any kind, as fixed by former enactments, ought generally or in any particular case to be increased or decreased in proportion to the value of money within this Colony, or the fluctuations thereof, or the difference of currency, it shall be lawful for the said Court to authorize or direct the same respectively to be so increased or decreased accordingly.
Powers of the Taxing
Master extended.
11. The provisions of section 10 shall be deemed to empower the said Court, likewise to authorize or direct the Taxing Master thereof (but only in each particular case) to exercise the like discretion in the