ORDINANCE No. 7 of 1862.
Court of Summary Jurisdiction.
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 instalment 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 charges thereof then remaining due and unsatisfied in like manner as if no such order as aforesaid had been made.
29. All orders and decrees or other decisions, so to be 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.
30. In case any action or suit shall at any time hereafter be commenced or brought against any officer of the said 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 officer or other person in every such suit or action to plead the 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 be non-suit or discontinue his action or suit, the defendant shall, in any of the said cases, be allowed double costs.
31. 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 account 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.
32. 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 hereto 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 attorneys 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 his hand and sealed with the seal of the Court; and the said fees shall be received and accounted for by the clerk of the Court and be paid over to the Colonial Treasurer.
A
[Section inserted and numbered 33 by Ordinance No. 1 of 1871.]
Ordinance No. 9 of 1864 and see section 49 of Ordinance...
33. [Re-numbered "34" by Ordinance No. 9 of 1864.] The Judge of the Court of Summary Jurisdiction shall in addition to his duties as such Judge have full power to preside at the trial of all such causes to be tried before a jury and to hear and determine all such other causes, matters and things which shall be at any time depending in the Supreme Court whether in Court or in Chambers, and also in all matters as the Chief Justice shall direct.
Appeal.
511
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Clerk to receive and account for fees.
The Judge of the Court to preside in all such causes in the Supreme Court as the Chief Justice shall direct.
ORDINANCE No. 7 of 1862.
Court of Summary Jurisdiction.
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 instalment agreeably to such order, in every such case the plaintiff may proceed to take out execu- tion for the amount of such order or decree and the costs and charges thereof then remaining due and unsatisfied in like manner as if no such order as aforesaid had been made.
29. All orders and decrees or other decisions, so to be 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.
30. In case any action or suit shall at any time hereafter be commenced or brought against any officer of the said 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 officer or other person in every such suit or action to plead the 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 be non-suit or discontinue his action or suit, the defendant shall, in any of the said cases, be allowed double costs.
31. 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 account of any verbal or technical error; but all errors and mistakes not hav- ing a tendency to mislead the opposite party, shall and may in all cases be amended or altered by the Court.
32. 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 here- unto 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 his hand and sealed with the seal of the Court; and the said fees shall be received and accounted for by the clerk of the
A
[Section inserted and numbered 33 Court and be paid over to the Colonial Treasurer.
nance No. 1 of 1871.]
Ordinance No. 9 of 1864 and see section 49 of Ordi-
33. [Re-numbered "34" by Ordinance No. 9 of 1864.] The Judge of the Court of Summary Jurisdiction shall in addition to his duties as such Judge have full power to preside at the trial of all such causes to be tried before a jury and to hear aud determine all such other causes, matters and things which shall be at any time depend- ing in the Supreme Court whether in Court or in Chambers, and also in all matters
Appeal.
511
Actions against officers, &c.
General issue.
Proccedings not
to be set aside for": want of form.
Allowance and recovery of fees.
Clerk to receive and account for fees.
The Judge of the Court to preside in all such causes in the Supreme Court as the Chief Justice shall direct.
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