XXVI. It shall be lawful for the Judge, if he shall in his Dis- Evidence. cretion think fit, to receive and admit in Evidence, Entries in the Books of Account of Merchants and Tradesmen, and also to take and receive Evidence by Affidavit in Cases where a special Ground for receiving the same shall be shown to his Satisfaction by the Party tendering it.
XXVII. Whenever any Case or Proceeding before the Court, Matters of shall involve or consist, wholly or partly, of Matters of Account Account. which cannot be conveniently investigated in the ordinary Way, the Judge may refer such Matter of Account to any competent Person, for a Report thereon and may award any Sum which he shall deem just and sufficient under the Circumstances by Way of Remuneration to such Person to be paid by such Party and in such Manner as the Court shall direct, and may from Time to Time remit such Report to the Referee for Re-consideration and may determine the Case or Proceeding before the Court in accor- dance with such Report or not as he shall think fit.
written
XXVIII. The Judge may in any Proceeding before the Court The Judge order the Plaintiff to file, within such Time as he shall direct, a may order written Statement of his Claim and may likewise order the statement and Defendant within such Time as aforesaid to file a written Rejoinder Rejoinder to to such Statement, and may frame Issue of Law and Fact for the be filed, and better Trial and Determination of the Cause.
may frame Issnes.
XXIX. It shall be lawful for the Judge upon such Grounds as he Power to shall in his Discretion think sufficient, to re-open any Case deter- re-open Case, mined by him, within One Month of such Determination, (except where either Party shall have appealed to the Supreme Court and the Parties shall not agree to the Withdrawal of the Appeal), and
to re-hear the Case wholly or in Part, and to take fresti Evidence,
and to reverse, vary, or confirm his previous Decision.
Crown Suits and Refund of Rates.
XXX. Whenever a Cause of Action under any Contract in which Snits under the Sum in Dispute shall be under One thousand Dollars shall $1,000 by and accrue to the Crown against any Person or to any Person against against the the Crown in relation to any Department of the Public Service of
Crown. the Colony, the Chief Officer of such Department may sue and be sued on Behalf of Government in respect of such Cause of Action in his Official Capacity and Designation: Provided always that nothing herein contained shall affect any other Remedy of the Crown in respect of such Cause of Action.
XXXI. Ordinance No. 9 of 1869 is hereby amended by substi- Amendment of tuting the Words "One thousand Dollars" for the Words "Five Ordinance hundred Dollars" throughout the same wherever they occur. No. 9 of 1869. XXXII. Section VIII of the Principal Ordinance, as to the Provisions as Splitting of a Cause of Action or Demand shall not apply to to splitting Proceedings under Ordinance No. 9 of 1869, or under Section
Demands not of this Ordinance.
to apply to XXXIII. The Certificate of the Colonial Treasurer in Actions Form of
Crown Suita. brought by him under Ordinance No. 9 of 1869, shall be in the Form Certificate of given in the Third Schedule hereto or to the same Effect and the Colonial Nature and Particulars of the Claims, which are required to be set. Treasurer forth, shall comprise the several Matters specified at the head of nance No. 9 the different Columns in the said Form.
XXXIV. The Provisions heretofore contained in Section Sections
under Ordi-
of 1969, and Provisione as
to as to Attachment of Debts and Foreign to Attachment Attachment respectively, shall apply to Proceedings ouder Ordi- of Debts and bance No. 9 of 1869 and under Section of this Ordinance.
Foreign At-
tachment to
apply to
Crown Suits.
Treasurer may
XXXV. The Colonial Treasurer may with the Approval of the Colonial Judge appoint a Special Bailiff for the Service of Summonses, Subpoenas and other Process in Proceedings under Ordinance No. appoint 9 of 1869.
Special
Bailiff under Ordinance
No. 9 of 1889.
Rates under
XXXVI. In Proceedings under Section V of Ordinance No. 11 Amendment of 1867 for a Refund of Rates, it shall no longer be necessary to of Proceedings give Notice to the Colonial Treasurer of the Filing of the Petition for Refund of as therein provided, but every such Petition may be referred by No. 11 of 1867. the Court to the Colonial Treasurer, who shall thereupon examine into the Correctness of the Claim and return the same to the Court with an Endorsement in the Words "Admitted" or "not Admit- ted" as the Case may be; and in Case the Claim shall not be admitted the Colonial Treasurer or some Person on his Behalf shall appear in Opposition thereto on such Day as the Court shall appoint.
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