ORDINANCE No. 15 of 1844.
Supreme Court.
required to be done by any party in Court, at a time which would otherwise fall on a Sunday or holiday, shall be valid and effectual if done on the following day.
38. And be it further enacted and ordained, that the sheriff of the said Colony shall, upon the return day of all civil process, deliver into the office of the Registrar of the said Court, the said process, together with a return indorsed thereon, or annexed thereto, of what he has done by virtue thereof; and the plaintiff, or defendant, or their respective attorneys, may at any time have an office copy of the said process and the return thereto, at the cost of the party applying for the same: and if the said sheriff shall have taken from any person arrested any money, or thing, for, and to the use, and on the behalf of the said plaintiff, or any bond, or obligation, by virtue of any writ of capias ad respondendum, then the said sheriff shall, after the expiration of the time allowed for the defendants to appear, and in default of appearance, and being thereto required by the plaintiff, or his attorney, deliver over to the said plaintiff, or his attorney, the said money or thing, or assign to the said plaintiff such bond or obligation, by an indorsement to be thereon made by the said sheriff, under his hand, which indorsement shall, as near as may be, be in the form in the schedule hereunto annexed, marked (No. 4.).
39. And be it further enacted and ordained, that the defendant in any suit or action, upon whom service of any civil process has been made, or who has been arrested and given bail for his appearance to answer any complaint or demand, shall, within eight days after such service or arrest, either by himself, or his attorney, enter an appearance in a book to be kept for that purpose by the Registrar of the said Court: Provided nevertheless, that any party, against whom any writ of summons, or other process, may have been issued in respect of any claim or demand against him, may appear personally before the Court and admit the same, and the Registrar, or other officer of the Court, shall thereupon take down in writing such his admission, and the defendant, or some person by him duly authorized, shall sign the same, and thereupon, the Court shall forthwith pronounce judgment.
40. And be it further enacted and ordained, that after the defendant in any suit or action has entered his appearance by attorney, service of all future summonses, demands, notices, and other proceedings in the said suit or action, made upon the said attorney, and in like manner upon the attorney of the plaintiff, or left at his place of business, shall be valid and effectual, excepting where personal service upon either party is by any proceeding, order, or practice of the said Court specially required and provided: and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night.
41. And be it further enacted and ordained, that in all suits and actions where the defendant has entered an appearance to answer any complaint or demand, the declaration or claim of the plaintiff shall be filed in the office of the Registrar, and notice thereof shall be given to the defendant, or his attorney within one month after such appearance, in default whereof the plaintiff shall be barred from declaring or making
63
Return of process to the Registrar's office.
Appearance of defendant to be entered in the Registrar's office;
except where the defendant intends to admit the claim against him.
Service of notices &c., after the defendant has appeared by attorney.
Time of filing declaration or claim.
ORDINANCE No. 15 or 1844.
Supreme Court.
required to be done by any party in Court, at a time which would otherwise fall on a Sunday or holiday, shall be valid and effectual if done on the following day.
38. And be it further enacted and ordained, that the sheriff of the said Colony shall, upon the return day of all civil process, deliver into the office of the Registrar of the said Court, the said process, together with a return indorsed thereon, or annexed thereto, of what he has done by virtue thereof; and the plaintiff, or defendant, or their respective attornies, may at any time have an office copy of the said process and the return thereto, at the cost of the party applying for the same: and if the said sheriff shall have taken from any person arrested any money, or thing, for, and to the use, and on the behalf of the said plaintiff, or any bond, or obligation, by virtue of any writ of capias ad respondendum, then the said sheriff shall, after the expiration of the time allowed for the defendants, to appear, and in default of appearance, and being thereto required by the plaintiff, or his attorney, deliver over to the said plaintiff, or his attorney, the said money or thing, or assign to the said plaintiff such bond or obligation, by an indorsement to be thereon made by the said sheriff, under his hand, which indorsement shall, as near as may be, be in the form in the schedule hereunto annexed, marked (No. 4.).
39. And be it further enacted and ordained, that the defendant in any suit or, action, upon whom service of any civil process has been made, or who has been arrested and given bail for his appearance to answer any complaint or demand, shall, within eight days after such service or arrest, either by himself, or his attorney, enter an appearance in a book to be kept for that purpose by the Registrar of the said Court: Provided nevertheless, that any party, against whom any writ of summons, or other process, may have been issued in respect of any claim or demand against him, may appear personally before the Court and admit the same, and the Registrar, or other officer of the Court, shall thereupon take down in writing such his admission, and the defendant, or some person by him duly authorized, shall sign the same, and thereupon, the Court shall forthwith pronounce judgment.
40. And be it further enacted and ordained, that after the defendant in any suit or action has entered his appearance by attorney, service of all future summonses, demands, notices, and other proceedings in the said suit or action, made upon the said attorney, and in like manner upon the attorney of the plaintiff, or left at his place of business, shall be valid and effectual, excepting where personal service upon either party. is by any proceeding, order, or practice of the said Court specially required and pro- vided: and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night.
41. And be it further enacted and ordained, that in all suits and actions where the defendant has entered an appearance to answer any complaint or demand, the decla- ration or claim of the plaintiff shall be fil
filed in the office of the Registrar, and notice thereof shall be given to the defendant, or his attorney within one month after such appearance, in default whereof the plaintiff shall be barred from declaring or making
63
Return of process to the Registrar's) office.
Appearance of
defendant to be
entered in the Registrar's office;
except where the defendant intends to admit the claim against him.
Service of notices &e,, after the defendant has appeared by
attorney.
Time of filing declaration or claim.
No comments yet.
Private notes are available after approval.