the-ordinances-of-the-legislative-counci-1890 — Page 174

138 ORDINANCE No. 9 OF 1845 .


Supreme Court - Summary Jurisdiction.


No cause of 2. And be it further enacted and ordained , that no cause of action or complaint
action to be split,
but the Court which shall exist at any one time, and amount in the whole to a sum exceeding the sum
may decide *
thereon, if of one hundred dollars as aforesaid, shall be split or divided so as to be made the
plaintiff be
satisfied to
receive the sum ground of two or more different actions or complaints, in order to bring such cases
awarded in full
of all demands. within the summary jurisdiction created by this Ordinance ; but if the Chief Justice
[* See Ordinance
No. 3 of 1849.] 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, accord
ing 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 dis
charge 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 3. And be it further enacted and ordained, that nothing herein contained relating
jurisdiction in
certain cases.
to the summary jurisdiction aforesaid shall extend to any debt being the disputed bal
ance 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. [In so far
as it relates to any disputed balance of an unsettled account : Repealed by Ordinance No.
3 of1849.]

Power to 4. And for the better discovery of the truth, and the more speedily obtaining the
examine
plaintiff's and end of such actions or complaints, be it further enacted and ordained, that it shall and
defendants on
oath, and to may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs, defendant
award costs, &c.
or defendants , viva voce 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, 5. And be it further enacted and ordained, that the several proceedings , orders,
orders, &c. to be
in form decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in
prescribed in
schedule. 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 .