the-ordinances-of-the-legislative-counci-1890 — Page 177

ORDINANCE No. 9 OF 1845 . 141


Supreme Court- Summary Jurisdiction.


for the complainant, at any time within three years after such order or decree,
to take out fresh execution against any estate or effects which such defendant may Liability of
future effects.
have become possessed of or entitled to, until such order or decree shall be fully
satisfied.

15. And be it further enacted and ordained, that no execution awarded against the Execution not to
prejudice
goods of any party or parties shall extend to or be construed to extend to deprive any landlords.

landlord or landlords of the power vested in such landlord or landlords by an act passed
in the eighth year of the reign of Her late Majesty Queen Anne, intituled An Act for 8 Anne, c. 14.
the better Security of Rents, and to prevent Frauds committed by Tenants , of recovering one
year's rent by virtue of and in pursuance of the said Act.
16. And be it further enacted and ordained , that it shall be lawful for the said Court may order
money to be
Chief Justice, whenever it shall appear to him that the levy of the full amount of any paid by
instalments.
such order or decree of the said Supreme Court, at one time, may be attended with
great distress to the defendant, and that such distress may be avoided or lessened by
enlarging the time for satisfying such order or decree, to order and direct the amount
thereof, together with the costs and charges, to be levied by instalments, at such
stated times, and in such proportional amounts, as shall be expressed in such order,
and as shall be reasonable and just : Provided that the time for satisfying any such
order or decree shall not exceed three months from the time of making such order
as aforesaid : Provided also, that if the defendant shall fail to pay any such instal
ment agreeably to such order, in every such case the plaintiff may proceed to take out
execution for the amount of such order or decree, and the costs and charges thereof,
then remaining due and unsatisfied , in like manner as if no such order as aforesaid
had been made.

17. And be it further enacted and ordained , that all orders and decrees, or other Orders to be
final.
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 what
soever.
18. And be it further enacted and ordained, that in case any action or suit shall Actions against
officers, &c.
at any time hereafter be commenced , or brought against any officer or officers of the
said Supreme Court, or against any other person or persons, for anything done in pur
suance 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 such suit or action, to plead the
general issue, and give this Ordinance and the special matter in evidence ; and in case General issue.

the plaintiff or plaintiffs in such action or suit shall have a verdict pass against him or
them , or be non- suit, or discontinue his, her, or their action or suit, the defendant or
defendants shall, in any of the said cases, be allowed double costs.
19. And be it further enacted and ordained , that no action or complaint, or other Proceedings not
to be set aside
proceeding under the summary jurisdiction given by this Ordinance, shall be treated or for want of form.

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.