the-ordinances-of-the-legislative-counci-1890 — Page 119

ORDINANCE No. 15 OF 1844. 83


Supreme Court.


129. And be it further enacted and ordained , that all orders, and decrees , or Orders to be
final.
other decision, so to be made or pronounced by the said Chief Justice in any such
summary proceeding as aforesaid, shall be final and conclusive to all intents and
purposes whatsoever.

130. And be it further enacted and ordained, that in case any action or suit , Actions against
officers, &c.
shall at any time hereafter be commenced, or brought against any officer, or officers of
the said Court, or against any other person or persons, for any thing done in pursuance
of, or under the authority of this Ordinance, it shall and may be lawful for such officer
or officers, or other person or persons , in every suit or action to plead the general General issue.
issue, and give this Ordinance, and the special matter in evidence : and in case the
plaintiff or plaintiffs , in such action or suit, shall have a verdict passed against him or
them, or be nonsuit, or discontinue his, her, or their action or suit, the defendant or
defendants shall in any of the said cases be allowed double costs.

131. And be it further enacted and ordained, that no action or complaint, or Proceedings not
to be set aside
other proceeding under the summary jurisdiction given by this Ordinance shall be for want of form.

treated or considered as invalid , or subject to be set aside, on account of any verbal or
technical error ; but that 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.

132. And be it further enacted and ordained, that in all actions and complaints Allowance and
recovery of fees.
or other proceedings under the summary jurisdiction given by this Ordinance, the
fees specified in the schedule hereunto annexed, marked ( No. 12.) shall, unless and
until otherwise ordered and directed , be established, and be deemed and taken , as
the lawful fees and emoluments for the discharge of the several duties therein
specified ; and the Chief Justice of the said Court shall have full power to compel the
payment thereof 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. Registrar to
receive and
account for fees.
fees shall be received and accounted for by the Registrar of the said Court, and be
paid over quarterly to the Colonial Treasurer for the public uses of the said Colony.

133. And be it further enacted and ordained , that any poor person, before com Right to sue or
defend in forma
mencing or defending any action or suit in the said Court, in his own right, or pauperis.
becoming poor during the progress thereof, may apply to the Court, on motion, for
leave to sue or defend as a pauper, which motion shall be supported by an affidavit of the
party so applying, and of two householders living in his neighbourhood , that he is not
possessed of property to the amount of fifty dollars in value, excepting household
goods, wearing apparel, tools of trade, and the matter or thing claimed by him in the
action or suit, if he be plaintiff, and thereupon it shall be referred to a barrister of
the said Court, to consider the said case ; and upon the party so applying producing
a certificate signed by such barrister, that he has considered the case of the said party,
and believes him to have a good cause for action, or defence, as the case may be, it
shall be lawful for the said Court to grant a rule to the party applying calling upon
the opposite party to show causes why the applicant should not be allowed to sue, or