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COURT OF SUMMARY JURISDICTION.
Writs of Capias ad Respondendum may be issued as in Su-
X. The Judge of the Court of Summary Jurisdiction shall have authority to issue Writs of Capias ad Respondendum in res- pect of Claims exceeding Fifty Dollars, and not exceeding Five Hundred Dollars, and shall have all such Powers and Authori-preme Court. ties as to such Writs as before the passing of this Ordinance were vested in the Chief Justice by virtue of Ordinance No. 6 of 1845, and the Forms of Procedure heretofore in use in the Supreme Court as to such Claims shall be adopted by the Court of Sum- mary Jurisdiction, with such Alterations as the Judge of such Court shall deem pro- per. The Fees of Court and Costs, in respect of such Proceedings, shall be the same as are at present allowed.
Costs.
Possession of Tene- ments not exceeding Five Hundred Dol- lars per annum. re- coverable in the Court
of Summary Jurisdic-
tion,
If Tenant, &c.. ne-
XI. It shall be lawful for the Judge of the Court of Sum- [ mary Jurisdiction to award Costs in all Actious or Complaints as he may think proper; and also to allow such reasonable Sum or Sums of Money for the Attendance and Loss of Time of Parties and Witnesses as he the said Judge shall think fit. XII. When the Term and Interest of the Tenant of any Lands or Tenements where the Value of the Premises or the Rent payable in respect of such Tenancy did not exceed the annual Value of Five Hundred Dollars, shall have ended or shall have been duly determined by a legal Notice to quit, and if such Tenant or Occupier of the same or any part thereof shall neglect or refuse to quit and deliver up possession of the premises or part thereof respectively, it shall be lawful for the Landlord or his Agent to enter a Plaint in the said Court, and thereupon a Summons shall issue to the Person so neglecting or refusing; and if the Tenant or Occupier shall not thereupon appear at the Time and Place appointed and show Cause to the contrary, and shall still neglect or refuse to deliver up possession of the Premises to the Landlord or his Agent, and pay the Costs incurred, it shall be lawful for such Landlord or Agent to give Proof to the Court of the holding, and of the end or other de- termination of the Tenancy, with the Time or Manuer thereof, and, where the Title of the Landlord has accrued since the let- ting of the Premises, the Right by which he claims the possession; and upon of Service of the Summons and of the neglect or refusal of the Tenant or Occupier, the Court may issue a Warrant to the Bailiff of the said Court requiring and authoriz ing him, within not less than Seven or more than Ten clear Days from the Date of such Warrant to give possession of the Premises to such Landlord or Agent; and such Warrant shall be a sufficient Authority to such Bailiff to enter upon the Premises with such Assistants as he shall deem necessary, and to give possession accordingly: Provided that no such Entry be made on a Sunday, Good Friday, or Christmas Day, or except between the Hours of Nine in the Morning and Four in the Afternoon.
XIII. Having regard to the annual Amount aforesaid, where
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gleet to appeur or re- fuse to give posses- sion, Court may, on proof of Service of Summons, issue # Warrant to enforce the same.
Proof
Provisions as to
an Arrear of Six Months' Rent shall be due on any Lands or Arrears of Rent. Premises, and not paid after due demand, and no sufficient Distress on the Lands or Premises to satisfy such arrear, it shall be lawful for the Landlord to proceed in Man- ner aforesaid, and for the Court to make a Decree for putting such Landlord into pos- session, unless the Rent and Costs of Proceedings be paid within One Fortnight from the pronouncing of such Decree.
XIV. The several Proceedings, Orders, Decrees, and Dis- missals which shall be taken, prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be in Form prescribed in the Schedule No. 1 hereunto annexed, or as near thereto as Circumstances will admit.
Froceeings, Or- ders, &c. may be in Form prescribed in Schedule No. 1.
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