CO129-310 - Acting Governor Major Gen Gascoigne - 1902 [1-4] — Page 406

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CO 15019 ATTORNEY GENERAL'S OFFICE.

REG 23 APR 12 19th March 1902.

Report on Ordinance 47 of 1902.

I have examined the accompanying Ordinance, entitled "An Ordinance to further amend The Supreme Court Summary Jurisdiction Ordinance, 1873," and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.

The Code of Civil Procedure, 1873, was repealed by Section 2, Ordinance No. 6 of 1901, and the new Code of Civil Procedure (Ordinance No. 5 of 1901) has taken its place. As, however, in the Interpretation clause of Ordinance No. 14 of 1873, dealing with Summary Jurisdiction, the expression "Code of Civil Procedure" was defined to mean "the Code of Civil Procedure introduced by Ordinance No. 13 of 1873," some difficulty has arisen, and it has been thought desirable to leave no doubt that the provisions of the old Code of Civil Procedure no longer apply to the Supreme Court in its Summary Jurisdiction and to make the provisions of the new Code applicable.

Under the new Code of Civil Procedure, no register of suite is established: its place is taken by a Cause Book. (See section 690 of the new Code.)

The twelve hours' notice of special defence has been found in practice to be too short.

Section 35 of Ordinance No. 14 of 1878 appears to be superfluous, now that the new Code is substituted for that of 1873.

The alteration in section 50 is necessary to make the forms in use at any time in the Supreme Court applicable to the Summary Jurisdiction of that Court.

Attorney General.

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CO 15019 ATTORNEY GENERAL'S OFFICE. REG 23 APR 12 19th March 1902. Report on Ordinance 47 of 1902. I have examined the accompanying Ordinance, entitled "An Ordinance to further amend The Supreme Court Summary Jurisdiction Ordinance, 1873," and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions. The Code of Civil Procedure, 1873, was repealed by Section 2, Ordinance No. 6 of 1901, and the new Code of Civil Procedure (Ordinance No. 5 of 1901) has taken its place. As, however, in the Interpretation clause of Ordinance No. 14 of 1873, dealing with Summary Jurisdiction, the expression "Code of Civil Procedure" was defined to mean "the Code of Civil Procedure introduced by Ordinance No. 13 of 1873," some difficulty has arisen, and it has been thought desirable to leave no doubt that the provisions of the old Code of Civil Procedure no longer apply to the Supreme Court in its Summary Jurisdiction and to make the provisions of the new Code applicable. Under the new Code of Civil Procedure, no register of suite is established: its place is taken by a Cause Book. (See section 690 of the new Code.) The twelve hours' notice of special defence has been found in practice to be too short. Section 35 of Ordinance No. 14 of 1878 appears to be superfluous, now that the new Code is substituted for that of 1873. The alteration in section 50 is necessary to make the forms in use at any time in the Supreme Court applicable to the Summary Jurisdiction of that Court. Attorney General.

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** ** CO 15019 ATTORNEY GENERAL'S OFFICE. 110 & REG 23 APR 12 19th March 1902. 402 Report on Ordinance 47 of 1902. } I have examined the accompanying Ordinance, entitled An Ordinance to further amend The Supreme Court Sua- -mary Jurisdiction Ordinance, 1873, and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions. The Code of Civil Procedure, 1873, was repeated by Section 2. Ordinance No. 6 of 1901, and the new Code of Civil Pro- cedure (Ordinance No. 5 of 1901) Las taken its place. As, however, in the Interpretation clause of Ordinance No. 14 of 1873, dealing with Summary Jurisdiction, the expression "Code of Civil Procedure" was defined to mean the Code of Civil Procedure introduced by Ordinance No. 13 of 1873," some difficulty has arisen, and it has been thought desirable to leave no doubt that the provisions of the old Code of Civil Procedure no longer apply to the Supreme Court in its Summary Jurisdiction nod to make the provisions of the new Code applicable. Under the new Code of Civil Procedure, no register of Section 3. suite is established: its place is taken by a Cause Book. (See section 690 of the Dow Code.) The twelve hours' notice of special defence has been Section 4. found in practice to be too short. Section 35 of Ordinance No. 14 of 1878 appears to be Section 5. superfluous, now that the new Code is substituted for that of 1873. The alteration in section 50 is necessary to make the Section & forms in use at any time in the Supreme Court applicable to the Summary Jurisdiction of that Court. Gov. din au WW & fli Attorney General.

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15019

ATTORNEY GENERAL'S OFFICE.

110

REG 23 APR 12

19th March 1902.

402

Report on Ordinance 47

of 1902.

}

I have examined the accompanying Ordinance, entitled

An Ordinance to further amend The Supreme Court Sua-

-mary Jurisdiction Ordinance, 1873,

and I am of opinion that the Ordinance is one which is not contrary to

the Governor's Instructions.

The Code of Civil Procedure, 1873, was repeated by Section 2. Ordinance No. 6 of 1901, and the new Code of Civil Pro- cedure (Ordinance No. 5 of 1901) Las taken its place. As, however, in the Interpretation clause of Ordinance No. 14 of 1873, dealing with Summary Jurisdiction, the expression "Code of Civil Procedure" was defined to mean the Code of Civil Procedure introduced by Ordinance No. 13 of 1873," some difficulty has arisen, and it has been thought desirable to leave no doubt that the provisions of the old Code of Civil Procedure no longer apply to the Supreme Court in its Summary Jurisdiction nod to make the provisions of the new Code applicable.

Under the new Code of Civil Procedure, no register of Section 3. suite is established: its place is taken by a Cause Book. (See section 690 of the Dow Code.)

The twelve hours' notice of special defence has been Section 4. found in practice to be too short.

Section 35 of Ordinance No. 14 of 1878 appears to be Section 5. superfluous, now that the new Code is substituted for that of 1873.

The alteration in section 50 is necessary to make the Section & forms in use at any time in the Supreme Court applicable

to the Summary Jurisdiction of that Court.

Gov.

din au

WW & fli Attorney General.

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