Question of Law,
11. Where the parties between whom a suit might be instituted are agreed as to any question of law to be determined between them, they may by consent and by order of the Court on summons, which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be determined,—state any question of law in a special case for the opinion of the Court, without any petition presented or other pleading.
12. The parties may, if they think fit, enter into an agreement in writing, (which shall be embodied in the order for stating the special case or in some subsequent order) that upon the judgment of the Supreme Court being given in the affirmative or negative of the question of law raised by the special case, a sum of money fixed in the agreement or to be ascertained by the Court, or in such manner as it may direct, shall be paid by one of the parties to the other, with or without any costs. On the judgment of the Court, decree of the Court, may be entered for the sum so agreed or ascertained with or without costs, as the case may be.
13. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Court.
14. The special case and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.
Summary Procedure for Claims not exceeding $500.
15. The Court shall hear and determine in a summary way without pleadings, and without the intervention of a jury, all suits where the claim, debt or damages sought to be recovered do not exceed the sum of Five hundred Dollars.
16. All suits for sums not exceeding Five hundred Dollars shall be commenced within three years next after the cause of such suits shall accrue, unless there has been some contract, acknowledgment, undertaking or promise to pay in respect thereof by the party to be charged within three years before the commencement of such suit.
17. No person shall be precluded from suing for any sum not exceeding Five hundred Dollars by reason of his not having attained the full age of twenty-one years, or by reason of coverture where the husband shall not be resident in the Colony.
18. No person shall maintain any suit for or recover any debt in the Court, where such debt shall have been contracted under any of the circumstances following, that is to say:
(a.) Where the defendant is, in the opinion of the Judge, under the age of twenty-one years, and the debt has not been contracted for necessaries.
(b.) Where the debt has been contracted for liquor for the sale of which a license is required by any Ordinance, and where the liquor bona fide delivered at one time shall not have amounted in value to Five Dollars; but nothing herein contained shall extend to prevent holders of such licenses from keeping an account with lodgers and travellers in which any charge for liquor may be included, and from recovering the amount thereof.
(c.) Where the debt has been contracted for the use or hire of a public billiard table, skittle ground, nine pins or bowling alley.
(d.) Where the debt has been contracted for refreshments supplied to any person whilst playing at billiards, skittles, nine pins, bowls or other game of a like description.
(e.) Where the debt shall be contracted for money lent by one member of the Police force to another member of the same force, if such money shall have been lent during the time when both parties were members of such force.
19. No cause of action or complaint which shall exist at any one time amounting in the whole to a sum exceeding Five hundred Dollars as aforesaid, shall be split or divided so as to be made the ground of two or more different actions or complaints in order to bring such cases within the Summary Jurisdiction of the Court, but if the Court shall find that the plaintiff in any case shall have split his cause of action or complaint as aforesaid the Court shall dismiss the said action or complaint with the ordinary costs of a dismissal, without prejudice however to the plaintiff's right to sue upon such cause of action or complaint in such other manner as he may be advised: Provided that if such plaintiff shall be satisfied to recover a sum not exceeding Five hundred Dollars, then the Court shall and may entertain the complaint of such plaintiff, and in case any order shall be made in favor of such plaintiff the same shall be expressed to be, and shall be, in full discharge of the whole of such demand.
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