Directory_and_Chronicle_1864 — Page 94

COURT OF SUMMARY JURISDICTION.

79

Court may dismiss

Action or Complaint

with or without Costs.

as he shall think fit.

Consequences of not proceeding under Summary Jurisdiction

XV. It shall be lawful for the said Judge, and he is hereby empowered, to dismiss any Action or Complaint which may be brought before him either with or without Costs, and either on the Merits, or without Prejudice to further or other Proceedings XVI. If any Action or Suit shall be commenced in the Supreme Court for any Debtor Damages other than herein before excepted, not exceeding the Sum of Five Hundred Dollars, and recoverable under and by virtue of the Jurisdiction hereby given, the Plaintiff in such Action or Shit, shall not, by reason of any Verdict for him, be entitled to any Costs whatsoever and if the Verdict shall be given for the Defendant or Defendants in such Action or Suit, and the Chief Justice of the said Court shall think fit to certify that such Action or Suit ought not to have been brought and tried before him, then such Defendant or Defendants shall have double Costs, and shall have such Remedy as he or they could have for his, her, or their Costs in any case by Law.

XVII. No Person whatever shall be permitted to appear and act in any such Summary Proceeding, for or on behalf of any Plaintiff or Defendant therein where the Sum claimed does not exceed One Hundred Dollars, unless it shall be first proved to the Satisfaction of the Judge, that such Plaintiff or Defendant unavoidable Necessity, or some good or sufficient Cause from attending such Court in Person.

attend

Plaintiff's and De- fendants" to personally, unless un- avoidably prevented. is prevented by some

Right of Parties to be assisted by Attor- neys or Agents.

XVIII. Whenever any Plaint or Suit shall be instituted under or by virtue of this Ordinance for the Recovery of any Sum exceeding One Hundred Dollars, it shall and may be law- ful for the Plaintiff or Defendant, with the consent of the Judge, to employ any Friend Agent, or an Attorney of the Supreme Court, to assist at the Trial or Hearing of the Suit; and each Party shall respectively bear and defray the Expense incurred by the Employment of his own Attorney, save and except when the Judge shall certify that the Case was such as to render it fit and advisable for the Party or Parties ob- taining a Decree or Order of the Court to have professional Assistance, and that he or they ought to be re-imbursed the Cost thereof, in which case the Cost of the Em- ployment of such Attorney or Attorneys shall be defrayed by that Party against whom the Decree or Order shall be pronounced: And it is hereby provided, that in such case, no other or further Fee or Charge shall be allowed, either between Attorney and Client, or Party and Party, than those specified in the Schedule No. 2 hereunto annexed. XIX. The Provision contained in the 27th Section of Or- Witness not attend- dinance No. 6 of 1845, with respect to the Non-attendance of ing and Persons guilty Witnesses pursuant to their Subpoenas, and to Persons guilty of of Contempt, how pu- a Contempt of Court, shall apply to and be in force as to all Matters and Proceedings in the Court of Summary Jurisdiction

nished.

Perjury.

XX. The Provisions contained in the 28th Section of Or- dinance No. 6 of 1845, made with respect to Persons guilty of wilful and corrupt Perjury, and the provisions contained in the 4th Section of Ordinance No. 2 of 1860 as to Declarations, shall apply to and be in force as to all Matters and Proceedings in the said Court.

XXI. In each and every case in the said Court where the Execution. Judge shall have made any Order or Decree for the Payment of Money, it shall be lawful for the said Judge, at the prayer of the Party so prosecuting such Order or Decree, to issue a Writ or Precept, which Writ or Precept shall be directed to one or more Bailiff or Bailiffs of the said Court, who is and are hereby authorized and em- powered to levy the Amount thereof of the Goods, Chattels, and Effects, of the De- fendant, or to arrest the Defendant as the case may be: Provided that it shall be

?