298 ORDINANCE No. 2 of 1855 .
Foreign Attachment.
and form either by a feigned issue between the parties or otherwise and at such time
and under such terms and conditions for the purpose of securing the substantial ends
of justice as to the said Court shall seem meet and the said Court after such enquiry
and determination had shall thereupon give such judgment or from time to time make
such order or orders in the premises between the parties as the justice of the case shall
appear to require and every such judgment and order may at any time (if the party
succeeding shall think fit) be suggested upon or added to the record of the original
action in which such final judgment shall have been so obtained as aforesaid - And
every such affidavit if made within the Colony shall be sworn before some officer of the
Court or person authorised or to be authorised to take affidavits to be used in the said
Court or if made elsewhere shall be sworn before a Judge or master of some Court of
Law or Equity or the Chief Magistrate of some city or corporate town certified under the
official seal of such Magistrate.
Property in pos 13. And be it enacted and ordained that the property of any such absent defend
session of any co
defendant.
ant as aforesaid may under the provisions of this Ordinance be equally attached and
taken in the custody or power of any co-defendant as of any such garnishee or person
as aforesaid not being a party to the action and that no process of foreign attachment
against any such absent defendant nor any lien intended to be thereby created upon
the lands monies securities debts and chattels or other property of such defendant
thereby attached shall in any case be defeated by reason of any such co- defendant or
other garnishee as aforesaid being or claiming to be jointly interested with such defend
ant therein either as partner or otherwise.
Provision in case 14. Provided always and be it enacted and ordained that in all cases wherein two
of defendants
sued as copart or more defendants shall be sued as copartners and as to either of such defendants
ners.
there shall be a return of non est inventus but as to any other of such defendants there
shall be a return of personal service or of cepi corpus then if at any time after any such
return an affidavit shall be filed that to the best of the deponent's knowledge and belief
the defendant served or arrested did in fact when the cause of action accrued carry on
business in this Island or its dependencies as a copartner jointly with the defendant as
to whom there shall have been such return of non est inventus and that such last men
tioned defendant is absent from the Colony it shall be lawful for the plaintiff at his
option to proceed against every such defendant (in case no appearance be entered for
him) in the manner next hereinafter mentioned.
Such copartners 15. And be it enacted and ordained that thereupon or as soon after as convenient
absent from the
Colony to have ly may be the plaintiff shall cause a notice signed by himself or his attorney to be pub
notice.
lished in the Government Gazette and in not less than one other newspaper published
within this Colony in the form or to the effect of the form in the schedule to this Or
dinance marked D-And if on the day named in such notice (such day not being less
than ten days next after the day of the publication of the same in the Government Ga
zette) no appearance be entered for such defendant or defendants the plaintiff may cause
such appearance to be entered and may proceed as if he or they resided within this
Colony and had appeared to the action in person.