324 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Inquiry of 79. In actions in which it shall appear to the Court that the amount
damages may
be directed to
take place of damages sought to be recovered by the plaintiff is substantially a mat
before the ter of calculation , it shall not be necessary to issue a writ of injuiry, but
Registrar.
the Court may direct that the amount, for which final judgment is to be
signed, shall be ascertained by the Registrar of the Supreme Court ; and
the attendance of witnesses and the production of documents before such
Registrar may be compelled by subpoena, in the same manner as before a
jury upon a writ of inquiry ; and it shall be lawful for such Registrar to
adjourn the inquiry from time to time, as occasion may require ; and the
Registrar shall endorse upon the rule or order for referring the amount
of damages to him, the amount found by him, and shall deliver the rule
or order, with such endorsement, to the plaintiff; and such and the like
proceedings may thereupon be had as to taxation of costs , signing judg
ment, and otherwise, as upon the finding of a jury upon a writ of inquiry.
Judgment 80. In all actions where the plaintiff recovers a sum of money , the
for money
demands amount to which he is entitled may be awarded to him by the judgment
without
distinction generally, without any distinction being therein made as to whether such
between debt
and damages. sum is recovered by way of a debt or damages .
Saving as to 81. Nothing in this Ordinance contained shall in any way affect the
certain
provisions of provisions of a certain Act of Parliament passed in the Session of Parlia
[ 8 & 9 W. 3,
c. 11. ] ment holden in the eighth and ninth years of the reign of His Majesty
King William the Third , intituled " An Act for the better preventing fri
volous and vexatious suits ," or to the assignment or suggestion of brea
ches, or as to judgment for a penalty as a security for damages in respect
of further breaches .
Abatement.
Action not to 82. With respect to the effect of death, marriage, bankruptcy, or
abate by
death. insolvency upon the proceedings in an action ; be it further enacted and
ordained, that the death of a plaintiff or defendant shall not cause an
action to abate, but it may be continued as hereinafter mentioned.
In case of
death of one 83. If there be two or more plaintiffs or defendants, and one or more
or more of of them should die, if the cause of action survive to the remaining plain
several
plaintiffs or tiff or plaintiffs , or against the remaining defendant or defendants, the
defendants.
action shall not thereby abate ; but such death being suggested on the
record, the action shall proceed at the suit of the remaining plaintiff or
plaintiffs against the remaining defendant or defendants.