Attendance of parties.
Juries of three.
Compensation to parties, wit- nesses, and Jurors.
Bailiff.
Execution.
Execution not to prejudice landlords.
Interplander by bailid.
General appli- cation of the code.
Special appli-
cution of the
code.
4
unless the Court shall otherwise direct, all applications to the Court or in chambers which may be necessary in the course of any suit or proceeding may be made verbally and without any preliminary formality.
In every cause or matter pending before the Court, in case it shall be proved to the satisfaction of the Court that any plaintiff or defendant who may not be represented by attorney, or attorney and counsel, is prevented by some good or sufficient cause from attending the Court in person, the Court may, in its discretion, permit any relative, friend, or agent of such plaintiff or defendant, who shall satisfy the Court that he has authority in that behalf, to appear for such plaintiff or defendant. In case such authority shall be in writing it shall not be liable to stamp duty.
The Court may, in its discretion, on the application of either party, or of its own motion, order that a common or special jury be empanelled for the trial of any cause under this Ordinance. In every such case the jury empanelled shall consist of three persons only; but, save as aforesaid, all the provisions of the law in force in the colony for the time being relating to juries in the Supreme Court, except so far as the same may provide for the remuneration of special jurors, shall apply to juries of three persons empanelled under this Ordinance.
The Court may allow such reasonable sum or sums of money for the attendance and loss of time of parties, witnesses, and special jurors as it shall think fit, and the same may be recovered as costs in the cause.
The Court shall appoint one or more bailiffs who shall execute all process of the Court in its summary jurisdiction, and the provisions of the Sheriff's Ordinance 1873, shall apply to every such bailiff as if he had been expressly included therein.
In the execution of orders or decrees the bailiff shall in the first instance, if practicable, levy on the goods, chattels, and effects of the defendant, and in the event of his not being able to find sufficient goods, chattels, or effects of the defendant, and the defendant failing to point out to his notice any property whereon to levy, the bailiff shall enforce the order or decree of the Court by the personal arrest and imprisonment of the defendant.
No execution awarded against the goods of any party shall extend to or be construed to extend to deprive any landlord of the power vested in such landlord by an Act passed in the eighth year of the reign of Her Majesty Queen Anne, intituled "An Act for the better security of rents and to prevent frauds committed by tenants," of recovering one year's rent by virtue of and in pursuance of the said Act.
If any claim shall be made to or in respect of any goods or chattels taken in execution under the process of Court, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued, it shall be lawful for the registrar, upon application of the officer charged with the execution of such process, as well before as after any action brought against such officer, to issue a summons calling before the said Court as well the party issuing such process as the party making such claim, and thereupon the Court shall adjudicate upon such claim and make such order between the parties in respect thereof, and of the costs of the proceedings, as to him shall seem fit, and such order shall be enforced in like manner as any order made in any action under this Ordinance.
The Code of Civil Procedure.
The provisions of the Code of Civil Procedure shall be applied, mutatis mutandis, to suits instituted under this Ordinance so far as the same can be made applicable thereto, unless the Court shall in any case for the avoiding of delay or in furtherance of substantial justice think fit otherwise to direct, and except where the said provisions may in the opinion of the Court be unsuit- able or may conflict or be inconsistent with any special provisions contained in this Ordinance.
The provisions of the Code of Civil Procedure shall, subject as aforesaid, apply particularly as to the matters following:
The service of process within the jurisdiction.
Foreign attachment.
Interim attachment.
{
5
Arrest of absconding defendants. Proceedings on non-attendance of parties.
The hearing and evidence. Reference of matters of account.
Specific delivery of chattels. Arbitration.
The power of the Court as to costs.
The satisfaction of judgment by instalments.
The maintenance of prisoners for debt.
The duration of imprisonment for debt, and the continuance of liability
of the debtor's property.
The making of general rules or orders.
ва
Transfer of Suits.
In case the Court shall be of opinion that a suit commenced in its Transfer of summary jurisdiction ought to be heard in its original jurisdiction the register.
suit to principal Court may order that the entry of such suit in the register of summary suits be cancelled therein and transferred therefrom to the principal register, notwithstanding that such suit may be within the provisions of this Ordi-
nance.
smit to sum-
In case the Supreme Court shall be of opinion' that a suit instituted in the Transfer of original jurisdiction of the Court ought to have been instituted in its summary register. mary jurisdiction, or in case the plaintiff's claim is reduced by payment, an admitted set-off, or otherwise to a sum not exceeding one thousand dollars and the suit is in other respects within the summary jurisdiction of the Court, the said Court may order that the entry of such suit in the principal register be cancelled therein and transferred to the register of summary suits.
orders on trans-
It shall not be necessary, on the transfer of a suit as aforesaid, for the Court may plaintiff to issue a new writ, but the registrar shall endorse on the same writ make special a memorandum that the suit has been transferred as aforesaid by order fer of suits. of the Court. The suit shall then be carried on as if the same had been commenced in the jurisdiction of the Court to which it shall have been so transferred, and the court may make any special orders in respect of any suit so transferred which it may deem necessary or expedient for carrying)
out the provisions of the last two preceding sections.
Allowance of Costs in certain Cases.
certain cases.
No costs shall be allowed to a successful plaintiff in any suit instituted by No costs in him in the original jurisdiction of the Court which might have been tried in its summary jurisdiction, unless the suit shall have been so instituted by leave of the Court, or the Court shall be of opinion at the hearing that the suit was one which it was expedient to institute in such manner.
•
court fees and
Costs of cous-
2. Until a new scale of court fees and fees and costs of counsel and Amount of attorney shall have been provided for use under this Ordinance, by any of fees and general rule or order of the Supreme Court, or otherwise, and so far as any sel and attorney such new scale may be incomplete, all questions relating to the amount of such pending issue fees and costs shall be referred to the registrar, who is hereby empowered to of new seale. determine the same on taxation, either with or without reference to the existing scale, having regard to the skill, labour, and responsibility involved, subject nevertheless to a review of such determination on summary applica- tion to the Court in chambers; and the payment of the costs allowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any such general rule or order.
Attorneys and Solicitors.
In all proceedings before the Court in its summary jurisdiction, attorneys Attorneys may and solicitors of the Supreme Court may practise as advocates,
Appeals.
practise as
advocates.
The Puisne Judge of the Supreme Court shall, as a general rule, preside at when appeal
the hearing of all suits in its summary jurisdiction; and in case either party will lie, and to the suit shall be dissatisfied with his decision of any question of fact or of period.
within whas"
A 8
PUBLIC RECORD OFFICE
Reference :-
།།།།། ་། །
سان
HC.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
4 PUBLIC RECORD OFFICE, LONDON