Land
Misce
2
Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorized thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.
Proceedings by or against Partnerships or Agents.
Proceedings by or on behalf of or against a partnership solely or jointly must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise.
In the following Cases Namely:-
359
1. Where some of the Member of a Plaintiff carrying on Business within the Colony are unknown.
2. Where some of the Members of such Plaintiff are absent from the Colony.
3. Where Business is carried on in the Colony by due agent on behalf of any Person or Persons who are out of the Jurisdiction.
Every such Partnership Person may be sued in the name of any one or more Members thereof within the Jurisdiction or in the name of such Agent as aforesaid.
And be it Enacted and Ordained that every Judgment obtained or order made in any such action as last aforesaid shall have the same effect and operation upon the Persons, and property both real and Personal of such copartnership and of several Members thereof whether such property be joint or Separate as if every Member of such copartnership had been actually and in fact 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.
Plaintiff out of Jurisdiction.
Where a Plaintiff, whether suing alone or suing jointly, is out of the Jurisdiction of the Court, or is only temporarily resident within it, he must give security for costs and fees by deposit, or by bond in the penal sum of 500 dollars.
The Court may at any time during the suit or proceeding either on its own motion or on the application of any Defendant order him to give further or better security for Costs and fees, and may direct proceeding to be Stayed in the meanwhile.
Where it appears to the Court that for any reason service of a Petition, Notice, Summons, Decree, order or other Document of which service is required cannot be effected, the Court may order that service be effected either:-
(i) by delivery of the Document to be served, together with the order for service, to some adult inmate at the usual or last known place of abode or business within the Jurisdiction of the Person to be served: or (ii) by delivery thereof to some agent within the Jurisdiction of the Person to be served, or to some other Person within the Jurisdiction through whom it appears to the Court there is a reasonable probability that the Document and order served will come to the knowledge of the Person to be served; or
(iii) by advertisement in some newspaper circulating within the Jurisdiction; or
(iv) by notice put up at the Court, or at some other place of public resort within the Jurisdiction.
The Court may direct Service to be made out of the Jurisdiction in the following Cases: --
I. Where the Court is satisfied by affidavit or otherwise that the Cause of action arose within the Jurisdiction.
II. Where before the commencement of this Ordinance, Parties to a Suit in equity might have been served out of the Jurisdiction.
It shall be lawful for the Court to order that such Service may be effected through the medium of the Post Office or otherwise to fix the time within which an appearance shall be entered by the Defendant and to give any other directions with reference to such Service which it may think fit.
No Service in a Civil Suit shall be made on Sunday, Christmas Day, or Good Friday.
Absconding Defendant.
Where the Court is satisfied by evidence on oath that there is good reason to believe that a Defendant means to abscond in Order to avoid the process of the Court, after Suit or other proceeding instituted, the Court may make an Order to hold him to bail, and may require of him such security as seems fit for his remaining within the Jurisdiction, and abiding and performing any decree or Order to be made in the Suit or proceeding, and for costs and fees.
Land
Misce
2
Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorized thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.
Proceedings by or against Partnerships or Agents.
Proceedings by or on behalf of or against a partner- ship solely or jointly must be taken in the several names of the partners as individuals, and not in the name of the firm or other- wise.
In the following Cases Namely:-
359
1. Where some of the Member of a Plaintiff carrying on Bu- l'atan hrfa
siness within the Colony are unknown.
2. Where some of the Members of such Plaintiff are absent
from the Colony.
3. Where Business is carried on in the Colony by due agent on behalf of any Person or Persons who are out of the Jurisdiction.
Every such Partnership Person may be sued in the name of any one or more Members thereof within the Jurisdiction or in the name of such Agent as aforesaid.
And be it Enacted and Ordained that every Judgment obtained or order made in any such action as last aforesaid shall have the same effect and operation upon the Persons, and property both real and Personal of such copartnership and of several Mem- bers thereof whether such property be joint or Aparate as if every Member of such copartnership had been actually and in fact «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.
+
Plaintiff out of Jurisdiction.
Where a Plaintiff, whether suing alone or suing jointly, is out of the Jurisdiction of the Court, or is only temporarily resident within it, he must give security for costs and fees by de- posite, or by bond in the penal sum of 500 dollars.
The Court may at any time during the suit or pro- seeding either on its own motion or on the application of any Defendant order him to give further or better security for Costs. and fees, and may direct proceeding to Stayed in the meanwhile.
Where it appears to the Court that for any reason service of a Petition, Notice, Summons, Decree, order or other Document of which service is required cannot be effected, the Court may order that service be effected either:-
() by delivery of the Document to be served, together with the order for service, to some adult inmate at the usual or last known place of abode or business within. the Jurisdiction of the Person to be served: or (ii) by delivery thereof to some agent within the Jurisdic- tion of the Person to be served, or to some other Person within the Jurisdiction through whom it appers to the Court there is a reasonable probability that the Docu- ment and order served will come to the knowledge of the Person to be served; or
(iii) by advertisement in some newspaper circulating with-
in the Jurisdiction; or
(iv.) by notice put ap at the Court, or at some other place
of public resort within the Jurisdiction.
The Court may direct Service to be made out of the
Jurisdiction in the following Cases: --
I. Where the Court is satisfied by affidavit or otherwise that
the Case of action arose within the Jurisdiction.
II. Where before the commencement of this Ordinance, Par- ties to a Suit in equity might have been served out of the Jurisdiction.
It shall be lawful for the Court to order that such Service may be effected through the medicine of the Post Office or otherwise to fix the time within which an appearance shall be entered by the Defendant and to give any other directions with reference to such Service which it may think fit.
No Service in a Civil Suit shall be made on Sunday, Christmas Day, or Good Friday.
•
Absconding Defendant.
Where the Court is satisfied by evidence on oath that there is good reason to believe that a Defendant means to abscond in Order to avoid the process of the Court, after Suit or other proceeding instituted, the Court may make an Order to hold him to bail, and may require of him such security as seems fit for his re naining within the Jurisdiction, and abiding and performing bany decree or Order to be made in the Suit or proceeding, and for costs and fees.
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