the-ordinances-of-the-legislative-counci-1890 — Page 353

ORDINANCE No. 6 of 1855 . 317


Common Law Procedure.


institute such proceedings and make such order and orders upon such
report as justice may require, and as may be instituted and made in any
case of contempt of the Court.

41. The costs of every application for any rule or order to be made The costs of
rule and exa
for the examination of witnesses by virtue of this Ordinance, and of the mination to be
in discretion
rule or order and proceedings thereon , shall be in the discretion of the of the Court.
Court.

Jury.

42. Either party shall be at liberty to apply to the Court or Judge Inspection
by jury, by
for a rule or order for the inspection by the jury or by himself or by his parties, or by
witnesses.
witnesses, of any real or personal property, the inspection of which may
be material to the proper determination of the question in dispute ; and
it shall be lawful for the Court, if it think fit, to make such rule or order
upon such terms as to costs and otherwise as such Court may direct .
[ Extended to criminal cases by Ordinance No. 5 of 1856. ]
43. It shall be lawful for the Court to make such rules or orders Rule or order:
for sum
upon the sheriff or other person as may be necessary to procure the at moning jury.
tendance of a special or common jury for the trial of any cause or matter
depending in such Court, at such time and place and in such manner as
the said Court may think fit. [ Extended as in last section . ]
Revivor.

44. With respect to proceedings for the revival of judgments and Proceedings
to revive.
other proceedings by and against persons not parties to the record, it shall
be lawful that during the lives of the parties to a judgment, or those of
them during whose lives execution may at present issue within a year

and a day, without a scire facias, and within six years from the recovery
of the judgment, execution may issue without a revival of the judgment.

45. In cases where it shall become necessary to revive a judgment Judgment to
be received
by reason either of lapse of time or of a change by death or otherwise of by suggestion.
the parties entitled or liable to execution , the party alleging himself to
be entitled to execution may either sue out a writ of revivor in the form
hereinafter mentioned , or apply to the Court for leave to enter a suggestion
upon the roll to the effect that it manifestly appears to the Court that such
party is entitled to have execution of the judgment and to issue execution
thereupon , such leave to be granted by the Court upon a rule to shew
cause, and which rule may be in the form to this Ordinance annexed
marked A.