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declared to be liable to satisfy the plaintiff's claim and all the provisions of this Code relating to execution of decrees in ordinary suits shall apply' to execution so ordered against the said property.
20. If the plaintiff shall fail to obtain judgment, the writ of foreign attachment' issued at his suit against the property of the defendant shall be ipso facto dissolved.
21. In case the property attached under the writ before judgment recovered, shall be insufficient to satisfy the same, it shall not be necessary to issue a new writ of foreign attachment, but the plaintiff may by leave of the Court after judgment recovered attach any other property of the defendant in the custody or under the control of any other garnishees within the "Colony or which may not have been attached in the lands of the same garnishees by serving further copies of the writ originally issued upon such other or same garnishees; and the Court shall, upon such day as it shall appoint, determine whether the property so attached after judgment is liable to be applied in satisfaction thereof, and the proceedings thereupon shall be the same as in the case of property attached before judgment: Provided always that after full satisfaction of the judgment a note thereof shall be made in the register of suits and thereupon the writ of foreign attachment issued by the plaintiff in the suit shall, as regards any property of the defendant remaining attached, be ipso facto dissolved.
22. Whenever there shall be two or more adverse claimants to any goods laden on board of any ship, and such ship shall be attached in an action against the ship- owner for the non-delivery of such goods, the Court may, on the application of the master or of the agent of the shipowner, stay proceedings in the action and order such goods to be landed and warehoused in custodiâ legis without prejudice to the master's lien thereon, if any, and may dissolve the attachment against the ship and may make such orders as may be necessary for the determination of the rights of such adverse claimants upon such terms (if any) as to security and as to costs, and other matters, as may seem just.
23. Whenever there shall be several claimants to any property whatsoever so attached as aforesaid or to any interest therein, the Court may, in its discretion, summon before it all the claimants and may make such orders for the ascertaining of their respective rights and for the custody of the property in the meanwhile as it shall, in its discretion, think fit either under this provision or the provisions of this Code relating to adverse claims and to claims to attached property.
24. The Court may stay proceedings in any suit commenced against a garnishee in respect of property attached in his hands upon such terms as it shail think fit.
25. The Court at any time before judgment upon being satisfied by affidavit or otherwise that the defendant has a substantial ground of defence, either wholly or in part, to the suit on the merits, may give leave to the defendant to defend the suit, without prejudice to the attachment under the writ.
26. The defendant, at any time before any property attached in the suit shall have been sold under the order of the Court to be applied in satisfaction of the plaintiff's claim, may apply to the Court upon notice of notion for an order to dissolve the attachment under the writ as to the whole or any part of the property attached upon security being given to answer the plaintiff's claim and the Court may make such orders either absolutely or upon such terms as it may deem reasonable and in the meanwhile may stay or postpone any sale under the order of the Court.
27. The defendant may at any time within two years from the date of the judgment notwithstanding that the property attached or any part thereof shall have been realized and applied under the order of the Court in satisfaction of the plaintiff's claim after entering an appearance to the suit, apply to the Court upon notice of motion for an order to set aside the judgment and for the rehearing of the suit and for leave to defend the same; and if it shall appear to the satisfaction of the Court that the defendant had no notice or knowledge of the suit and could not reasonably have made an earlier application to the Court and that he had at the time of the obtaining of the judgment and still has a substantial ground of defence, either wholly or in part, to the suit on the merits, it shall be lawful for the Court to grant such order upon such terms as it may deem reasonable.
28. The reversal of a judgment or the setting aside of any writ of foreign attach- ment or any subsequent proceedings shall not affect the title of any bond pile purchaser for valuable consideration of any property sold under the order of the
Court.
See 29 and 24 Vic.,
Wales, Robertson v.
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CHAPTER XIV.
Claims against the Government.
LXXX. All claims against the Government of the Colony of such a nature as
c. 34, and as to N. S. might if arising in England be the subject of proceedings under "The Petitions of Dumares, P. C. 10 Right Act, 1860," may, with the consent of the Governor, be preferred in the Supreme Law Times N. S. 110. Court in a suit instituted by the claimant as plaintiff against "The Attorney General"
as defendant.
2. It shall not be necessary for the plaintiff to issue a writ of summons but the suit shall be commenced by the filing and service of the petition upon the Crown Solicitor.
18 and 19 Vic., c. 67.
S. R. 18-24. No. 7 of 1880.
3. The Crown Solicitor shall transmit the petition to the Government and in case the Governor shall grant his consent as aforesaid the suit may proceed and may be carried on under the ordinary procedure provided by this Code.
4. The petition and all other documents, notices, or proceedings which in a suit of the same nature between private parties would be required to be served upon the defendant, shall be served upon the Crown Solicitor.
5. Whenever in any such suit a decree shall be made against the Government no execution shall issue thereon, but a copy of such decree under the seal of the Court shall be transmitted by the Court to the Government.
CHAPTER XV.
Summary Procedure on Bills of Exchange and Promissory Notes. LXXXI. Suits on bills of exchange or promissory notes, instituted within six months after the same became due and payable, may be commenced by summons and may be heard and determine l in a summary way as hereinafter is provided.
2. The Court shall, on application, within seven days from the service of the summons, give the defendant leave to defend the suit on his paying into Court the sun indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the ap- plication, and on such terms as to security and other things as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.
3. If the defendant does not so obtain leave to defend, the plaintiff, on proof of due service of the summons, shall be entitled as of course at any time after the expi- ration of such seven days, to an immediate absolute decree for any sum not exceeding the sum indorsed on the summons, together with interest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by the Court in the decree.
4. After decree the Court may, under special circumstances, set aside the decree, and may, if necessary, set aside execution, and may give leave to defend the suit if it appears to the Court reasonable so to do, and on such terms as to the Court may seem just, the reasons for any such order being recorded in the minutes of proceedings.
5. In any proceeding under the present provisions, it shall be competent to the Court to order the bill or note sought to be proceeded on to be forthwith deposited in the Court, and further to order that all proceedings be stayed until the plaintiff gives security for costs.
6. The holder of a dishonored bill or note shall have the same remedies for recovery of the expenses incurred in the noting of the same for non-acceptance or non-payment, or incurred otherwise by reason of the dishonor, as he has under the present provisions for recovery of the amount of the bill or note.
7. The holder of a bill or note may, if he thinks fit, obtain one summons under the present provisions against all or any of the parties to the bill or note; and such summons shall be the commencement of a suit or suits against the parties therein named respectively; and all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if separate summonses had issued.
8. But the summons or its indorsement must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precision and certainty to enable each defendant to set up any defence on which he individually may desire to rely.
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