34 COLONIAL ORDINANCES .
No Cause of Action II. And be it further enacted and ordained, That no Cause of
to be split,
Court may but the Action or Complaint which shall exist at any one Time, and amount
thereon, if Plaintiff be in the whole to a Sum exceeding the Sum of One Hundred Dollars
satisfied to receive the
Sum awarded in full as aforesaid, shall be split or divided, so as to be made the Ground
of all Demands. of Two or more different Actions or Complaints, in order to bring
such Cases within the Summary Jurisdiction created by this Ordi-
nance ; but if the Chief Justice of the said Supreme Court shall find
that the Plaintiff in any Case shall have split his Cause of Action or
Complaint as aforesaid, he shall dismiss the said Action or Complaint
with the ordinary Costs of a Dismissal, without Prejudice, however,
to the Plaintiff's Right to sue upon such Cause of Action or Complaint
in such other Manner as he lawfully may : Provided, that if such
Plaintiff shall be satisfied to recover such Sum as, according to this
Ordinance, the Summary Jurisdiction of the said Court is made to
extend to , in full of the Whole of such his Demand, then the said
Chief Justice shall and may, if such Plaintiff shall satisfactorily
prove his Case, make and pronounce an Order or Decree for such
Plaintiff for such Sum as shall in such Case be demanded by the
Process, so as such Sum does not exceed the Summary Jurisdiction
created by this Ordinance ; and the same shall be expressed in such
Order or Decree to be, and shall be in full Discharge of the Whole of
such Demand, and shall be a full and complete Bar to any other
Action or Complaint which may be brought or made thereon in the
same or any Court whatever.
No Summary Juris- III. And be it further enacted and ordained , That nothing herein
diction in certain cases. contained relating to the Summary Jurisdiction aforesaid shall extend
to any Debt being the disputed Balance of an Unsettled Account
originally exceeding One Hundred Dollars, nor to any Debt, or
supposed Debt, for any Money or Thing won, or alleged to have been
won, at or by means of any Horse-race, Cock-match, Wager, or any
Kind of Chance, Gaming, or Play, or to any Debt for which there
has not been a Contract, Acknowledgment, Undertaking, or Promise
to Pay, within Three Years before the taking out of the Summons.
Power to examine IV. And for the better Discovery of the Truth and the more
Plaintiffs and Defen-
dants on Oath, and to speedily obtaining the End of such Actions or Complaints, be it
award Costs, &c. further enacted and ordained , That it shall and may be lawful for
the said Chief Justice to examine the Plaintiff or Plaintiffs, Defendant
or Defendants, vira roce on their several corporal Oaths ; and that it
shall be lawful for the said Chief Justice to award Costs in all Actions
or Complaints heard and determined under the aforesaid Summary
Jurisdiction, and to allow to the Plaintiff or Defendant, and to his,
her, or their Witnesses, such reasonable Sum or Sums of Money for
his, her, or their Attendance and Loss of Time, as he the said Chief
Justice shall think fit.
Proceedings, Orders, V. And be it further enacted and ordained, That the several
&c. , to bein in
prescribed Form Proceedings, Orders, Decrees, and Dismissals, which shall be taken,
Schedule.
prosecuted, made, and pronounced in Pursuance of the aforesaid
Summary Jurisdiction , shall be in the Form prescribed in the Schedule
hereunto annexed, or as near thereto as Circumstances will admit .
Court may dismiss VI. And be it further enacted and ordained, That it shall be
Action or Complaint lawful for the said Chief Justice, and he is hereby authorized and
with Costs.
empowered,
No comments yet.
Private notes are available after approval.