508
Provisions as to arrears of rent.
Proceedings, orders, &c., may be in form prescribed in schedule No. 1.
Court may dismiss action or complaint with or without costs.
Consequences of not proceeding under Summary Jurisdiction.
Plaintiffs and defendants to attend personally, unless unavoidably prevented.
Right of parties to be assisted by attorneys or agents.
ORDINANCE No. 7 OF 1862.
Court of Summary Jurisdiction.
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.
13. Having regard to the annual amount aforesaid, where an arrear of six months' rent shall be due on any lands or 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 manner aforesaid, and for the Court to make a decree for putting such landlord into possession, unless the rent and costs of proceedings be paid within one fortnight from the pronouncing of such decree.
14. The several proceedings, orders, decrees, and dismissals which shall be taken, prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be in the form prescribed in the schedule No. 1 hereunto annexed, or as near thereto as circumstances will admit.
15. 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 as he shall think fit.
16. If any action or suit shall be commenced in the Supreme Court for any debt or damages other than hereinbefore 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 suit 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. [Repealed by Ordinance No. 1 of 1871.]
17. 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 is prevented by some unavoidable necessity, or some good or sufficient cause from attending such Court in person. [Repealed by Ordinance No. 1 of 1871.]
18. 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 lawful 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 obtaining a
508
Provisions as to arrears of rent.
Proceedings, or- ders, &c., may he in form pre- scribed in sche- dule No. 1.
Court may dis- miss action or complaint with
or without costs.
Consequences of not proceed- ing under Sum- mary Jurisdic- tion.
Plaintiffs and
defendants to attend personal- ly, unless un-
avoidably pre- vented.
Right of parties to be assisted by attorneys or agents.
ORDINANCE No. 7 OF 1862.
Court of Summary Jurisdiction.
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.
13. Having regard to the annual amount aforesaid, where an arrear of six months" rent shall be due on any lands or 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 manner aforesaid, and for the Court to make a decree for putting such landlord into possession, unless the rent and costs of proceedings be paid within one fortnight from the pronouncing of such decree.
14. The several proceedings, orders, decrees, and dismissals which shall be taken, prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be in the form prescribed in the schedule No. 1 hereunto annexed, or as near thereto as circumstances will admit.
15. 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 as he shall think fit.
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16. If any action or suit shall be commenced in the Supreme Court for any debt or damages other than hereinbefore 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 suit 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 defend- ant 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. [Repealed by Ordinance No. 1 of 1871.]
17. No person whatever shall be permitted to appear and act in any such sum- mary 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 satis- faction of the Judge, that such plaintiff or defendant is prevented by some unavoidable necessity, or some good or sufficient cause from attending such Court in person. [Re-- pealed by Ordinance No. 1 of 1871.]
18. 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 lawful 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 obtaining a
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