Directory_and_Chronicle_1864 — Page 96

COURT OF SUMMARY JURISDICTION.

81

Execution not to

XXVII. No Execution awarded against the Goods of any Party shall extend to or be construed to extend to deprive any prejudice Lamilords. Landlord of the Power vested in such Landlord by an Act passed in the Eighth Year of the Reign of Her Majesty Queen Anne, intituled "An Act for the better Se curity of Rents and to prevent Frauds committed by Tenants," of recovering One Year's Rent by virtue of and in pursuance of the said Act.

Court may order Moncy to be paid by Instalments.

XXVIII. It shall be lawful for the said Judge of the Court of Summary Jurisdiction whenever it shall appear to him that the Levy of the full Amount of any Order or Decree of the same Court at the Time may be attended with great Distress to the Defendant, and that such Distress may be avoided or lessened by enlarging the Time for satisfying "such Order or Decre e, to order and direct the Amount thereof, together with Costs, and Charges, to be paid by Instalments, at such stated Times, and in such proportional Amounts, as shall be expressed in such Order, and as shall be reasonable and just: Provided that, unless with the Consent of the Plaintiff, the Time for satisfying any such Order or Decree shall not exceed Three Months from the Time of making such Order as aforesaid : Provided also that if the Defendant shall fail to pay any such In- stalment agreeably to such Order, in every such case the Plaintiff may proceed to take out Execution for the Amount of such Order or Decree and the Costs and Char- ges thereof then remaining due and unsatisfied in like Manner as if no such Order as aforesaid had been made.

•

XXIX. All Orders and Decrees or other Decision,,so to be | Appeal. made or pronounced in any such Summary Proceeding as aforesaid, shall be subject, with the consent of the Judge, to an Appeal to the Chief Justice; but in case the Judge should refuse such consent, the Chief Justice may notwithstanding, on application, allow such Appeal on such terms as to him shall seem fit.

XXX. In case any Action or Suit shall at any Time here- Action against Of- after be commenced or brought against any Officer of the said ficers, &c,, - Court of Summary Jurisdiction, or against any other Person for anything done in pursuance of or under the Authority of this Ordinance, it shall be lawful for such Of- ficer or other Person in every such Suit or Action to plead the General Issue, General Issue, and give this Ordinance and the special Matter in Evidence; and in case the Plaintiff in such Action or Suit shall have a Verdict pass against him or he non-suited or discontinue his Action or Suit, the Defendant sliall, in any of the said Casos, be allowed double Costs.

Proceedings not to be set aside for want of Form.

XXXI. No Action or Complaint or other Proceeding under the Summary Jurisdiction given by this Ordinance, shall be treated or considered as invalid or subject to be set aside, on ac- count of any verbal or technical Error; but all Errors and Mistakes not having a tendency to mislead the opposite Party, shall and may in all Cases be amended or altered by the Court.

Allowance and Re- covery of Fees.

XXXII. In all Actions and Complaints or other Proceedings in the Court of Summary Jurisdiction created by this Ordinance, the Fees specified by the Schedule No. 2 hereunto annexed, shall, unless and until otherwise ordered and directed, be established and be deemed and taken as the lawful Fees and Emoluments of the said Court and of the Attornies thereof for the Discharge of the several Duties therein specified; and the Judge of the Court shall have full Power to compel the Payment of the Fees of the Court in a Summary Way by Order, and on Non-payment, by Warrant of Distress and Sale under

Clerk to receive and

his Hand and sealed with the Seal of the Court; and the said account for Fees. Fees shall be received and accounted for by the Clerk of the Court and be paid over to the Colonial Treasurer.