the-ordinances-of-the-legislative-counci-1890 — Page 175

ORDINANCE No. 9 OF 1845 . 139


Supreme Court- Summary Jurisdiction.


6. And be it further enacted and ordained , that it shall be lawful for the said Court may
dismiss action or
Chief Justice, and he is hereby authorized and empowered, to dismiss any such action complaint with
costs.
or complaint before him with costs, and either on the merits, or without prejudice to
further or other proceedings , as he shall think fit.

7. And be it further enacted and ordained , that if any action or suit shall be Consequences of
not proceeding
under summary
commenced in the said Supreme Court for any debt or damages other than herein jurisdiction.
[ * See Ordinance
before excepted, not exceeding the sum of one hundred dollars, * and recoverable under No. 3 of 1849.]
and by virtue of the summary jurisdiction given by this Ordinance, the plaintiff or
plaintiffs in such action or suit shall not, by reason of any verdict for him, her, or
them, or otherwise, be entitled to any costs whatsoever ; and if the verdict shall be
given for the defendant or defendants in such action or suit, and the Chief Justice of
the said Court shall think fit to certify that such action or suit ought to have been
brought and tried before him under the summary jurisdiction of the said Court, then
such defendant or defendants shall have double costs, and shall have such remedy
for recovering the same as any defendant or defendants may have for his, her, or
their costs in any case by law.

8. And be it further enacted and ordained , that no person whatever shall be Plaintiffs and
defendants to
attend
permitted to appear and act in any such summary proceeding for or on behalf of any personally,
unless
plaintiff or defendant therein, unless it shall be first proved to the satisfaction of the unavoidably
prevented.
Chief Justice of the said Supreme Court that such plaintiff or defendant is prevented
by some unavoidable necessity, or some good or sufficient cause, from attending
such Court in person .

9. And be it further enacted and ordained, that the provisions contained in the Witness not
attending, and
26th section of Ordinance No. 6, with respect to the non-attendance of witnesses persons guilty
of contempt,
pursuant to their subpoenas, and to persons guilty of a contempt of Court, shall apply how punished.
to and be in force as to all matters and proceedings under the summary jurisdiction
of the said Supreme Court.

10. And be it further enacted and ordained , that the provisions contained in the Perjury.
27th section of Ordinance No. 6, made with respect to persons guilty of wilful and
corrupt perjury, shall apply to and be in force as to all matters and proceedings under
the summary jurisdiction of the said Supreme Court.

11. And be it further enacted and ordained, that in each and every case within Execution.
the summary jurisdiction of the said Supreme Court where the Chief Justice thereof
shall have made any order or decree for the payment of money, it shall and may be
lawful for the said Chief Justice, at the prayer of the party so prosecuting such order
or decree, to issue a writ or precept signed by the said Chief Justice, in the form given
in the schedule hereunto annexed , which writ or precept shall be directed to one or
more bailiff or bailiffs of the said Court, who is and are hereby authorized and
empowered to levy the amount thereof ofthe goods, chattels and effects, lands,
tenements, and hereditaments, of the defendant, or to arrest the defendant, as the