ORDINANCE No. 2 OF 1855. 299
Foreign Attachment.
16. And whereas in some cases business is or may be carried on in this Island by Copartnerships
all of whose
members are not
persons in copartnership or by one individual or more assuming the style of a copart known.
nership or acting as agent or agents for a copartnership and in some of those cases the
members of such copartnership or some of them are not only absent from the Colony
but their names are or may be unknown -Be it therefore enacted and ordained that Such copartner
ships may be
(in order to prevent any failure of justice in such cases) every such copartnership and sued in the name
of any one mem
ber or agent.
the several members thereof or the persons or person having carried on business
under the style of any such copartnership may be sued in any action at law in the
name or names of any one or more of the members of such copartnership on behalf of
all the members composing the same or in the name or names of any such agent or
agents for and on behalf of such copartnership so as that in all cases wherein but for
this Ordinance it would have been necessary to mention the names of all the members
composing any such copartnership it shall be sufficient to mention the name or names
of such one or more member or members only or of such agent or agents on behalf of
such copartnership .
17. And be it enacted and ordained that every judgment obtained or order made Judgment
against such
in any such action as last aforesaid shall have the same effect and operation upon the defendant to
operate against
persons and property both real and personal of such copartnership and of the several the copartner
ship.
members thereof whether such property be joint or separate as if every member of such
copartnership had been actually and in fact a defendant in the action and every such
judgment or order may be enforced against all such property as in ordinary cases of
the like nature.
18. Provided always and be it enacted and ordained that in every summons and Proviso.
other writ issued and declaration or other pleading filed on behalf of the plaintiff in any
action brought under the provisions of the two preceding sections the style or firm of
the copartnership shall be specified and it shall distinctly appear that the defendant or
defendants sued is or are so sued for and on behalf of such copartnership- And provided Agent not to be
incompetent as a
also that no agent sued on behalf of any such copartnership shall by reason only of witness.
his being so sued be incompetent as a witness in the action on behalf either of the
plaintiff or of the copartnership or be liable either in person or property to any
judgment obtained in such action.
19. And (for supplying a more full and effectual remedy in this behalf in all cases Pleas in abate
ment.
in which there are joint contractors one or more of whom shall be absent from the
Colony) -- Be it enacted and ordained that no plea in abatement shall hereafter be re
ceived on behalf of any defendant in any action in respect of the non -joinder therein
of any person alleged to have been a joint contractor with such defendant unless it be
expressly alleged in such plea that the person not joined is then resident at some place
within this Island or its dependencies and where in particular.
20. And be it enacted and ordained that nothing in this Ordinance contained shall Ordinance to ex
tend only to cases
extend to any action of trespass or other action in tort (trover or detinue excepted) but of contract.
to actions on or arising out of contract only.