the-ordinances-of-the-legislative-counci-1890 — Page 283

ORDINANCE No. 5 OF 1850. 247


Justices of the Peace.


defendant or witness having been duly summoned has neglected to appear,

or has wilfully absented or concealed himself so as to avoid being served
with the said summons, or if previous to the issue of such summons the
said Justice shall be satisfied by evidence that it is probable such defendant
or witness will not attend without being compelled to do so, the said
Justice may issue his warrant to bring before him such defendant or Of compelling
attendance.
witness, or in the absence of the defendant may , in his discretion , proceed
to hear the case ex parte: and the parties in any proceeding, their wives ,
and all other persons, may be examined on behalf of either the plaintiff or
defendant ; subject to all just exceptions .
6. Be it further enacted and ordained , that in the matters of disputed Matters may
be referred for
partnership accounts , or of disputed accounts between other parties falling arbitration ,
within the proper jurisdiction of Justices of the Peace , the sitting Justice
may, with the consent of the parties, refer all matters in dispute to
arbitration, and make the award a decree of the Court, and enforce the
same accordingly : or the Justice may refer the examination of the or to an
accountant
accounts to any clerk or officer of the Court or other person, to report for a report.
[See Ord.
thereon, and may employ the said report as a means of arriving at a just No. 7 of 1862. ]
conclusion in the case.

7. Be it further enacted and ordained , that if any plaintiff have a Judgment
may be
demand against two or more persons jointly answerable, judgment may against one,
though others
be given against one of those persons notwithstanding that others may not be jointly .
liable.
have been sued or may not be within the jurisdiction of the Court : but the
pson having satisfied such judgment may recover contribution from any
other person jointly liable : and in case of misjoinder of defendants,
judgment may be given against such only as shall appear to be liable.
8. Be it further enacted and ordained , that the adjudicating Justice Validity of
judgment not
shall in all matters give judgment upon the substantial merits and facts of to be affected
by variance
the case as proved before him , and convict the defendant of the offence between the
proof and the
of which he shall appear to have been guilty, or give judgment for the original
plaint.
plaintiff for the amount appearing to be justly due to him, notwithstanding
that the proof may be at variance with the complaint as originally laid :
Defendant to
Provided always that reasonable time be allowed for the defence and the be allowed
production of the defendant's witnesses . sufficient time
to plead.
9. Be it further enacted and ordained , that when there shall exist Declarations
may be
no facility for swearing a witness to speak the truth , or when the witness substituted
for oaths in
shall have conscientious scruples to bind himself by oath, or it shall not certain cases.
be the custom of his country to give testimony upon oath, the evidence