the-ordinances-of-the-legislative-counci-1890 — Page 269

ORDINANCE No. 1 OF 1849 . 233


Petty Sessions Court.


other imprisonment that may have been awarded, the term of six calendar months in
the whole ; or such Magistrate or Court may in his or its discretion levy the amount
and costs by distress on the goods and chattels of the offender.

9. And be it further ordained and declared, that it shall and may be lawful to and Power to commit
offenders before
for the said Court, during the trial of any case under this Ordinance, or at any time conviction to
stand their trial
before the
before conviction, to commit the prisoner to stand his or her trial before the Supreme Supreme Court.
Court, should it appear that the case would be properly visited with a heavier punish
ment than such Court of Petty Sessions could award , and that the law administered in
the said Supreme Court applies such heavier punishment ; or for any other reasonable
cause.

10. And be it further enacted and ordained , that it shall be lawful and competent Jurisdiction in
wages and in
for the said Court of Petty Sessions, or for any Magistrate of Police thereto duly author certain other
civil cases.
ized by the Governor of this Colony, to try and determine in a summary manner,
cases and differences between master and servant, and relating to wages , where the
pecuniary question for decision shall not exceed the sum of fifty dollars ; and all
dispute and differences between party and party touching any matter of debt or pro
mise ; injury to the person or property, or other matter, where the debt or damages
sought to be recovered shall not exceed the said sum of fifty dollars ; except the matter
in question shall relate to the title of any lands , tenements , or hereditaments, or to the
taking of any duty payable to Her Majesty, or to any fee of office or other matter
where rights in future might be bound, or to any general right or duty ; Provided
also, that nothing herein contained relating to the said civil jurisdiction aforesaid
shall extend to any debt being the disputed balance of any unsettled account
originally exceeding fifty dollars, nor to any bebt 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 : And that such Court of Petty Sessions or
Police Magistrate so authorized may examine the plaintiff or plaintiffs, defendant or
defendants, vivâ voce on their several corporal oaths, and may make an order in writing
for the payment of such wages, or debt or damages aforesaid, and any costs incurred
by the proceeding, before the said Court or Magistrate, payable either on demand or
by instalments, as shall seem advisable, or as the case may be, an order for the dismissal
of the case with or without costs. And that in the event of any such order not being
complied with it shall be lawful for the Chief or presiding Magistrate of the said Court ,
or for the Police Magistrate authorized as aforesaid, to issue a precept to some known
bailiff of the Colony, or other discreet person or persons , to levy the sum so ordered to
be paid by a sale of the goods, and chattels of the defendant or defendants or other
party ; or in case it shall appear from the return to the precept, by the statement of
the defendant, or otherwise, that the defendant or other party has no goods or chattels
whereon to levy , the Court or Magistrate having issued the said precept may order that
the said defendant or other party be imprisoned for any term not exceeding three