the-ordinances-of-the-legislative-counci-1890 — Page 359

ORDINANCE No. 6 OF 1855 . 323


Common Law Procedure.


72. Any such matter which , if it arose before or during the time Equitable
defence after
for pleading, would be an answer to the action by way of plea, may, if it judgment.
arise after the lapse of the period during which it could be pleaded , be
set up by way of auditâ querelâ.

73. The plaintiff may reply, in answer to any plea of the defendant, Equitable
replication.
facts which avoid such plea upon equitable grounds ; provided that such
replication shall begin with the words " For replication on equitable
grounds," or words to the like effect.

Court may
74. Provided always , that in case it shall appear to the Court, that strike out
any such equitable plea or equitable replication cannot be dealt with by equitable
plea or
a Court of Law so as to do justice between the parties , it shall be lawful replication .
for such Court to order the same to be struck out on such terms as to

costs and otherwise as to such Court may seem reasonable.

75. In case of any action founded upon a bill of exchange or other Actions on
lost instru
negotiable instrument, it shall be lawful for the Court to order that the ments.

loss of such instrument shall not be set up, provided an indemnity is

given, to the satisfaction of the Court or Registrar, against the claims of
any other person upon such negotiable instrument.

76. The Court may, upon summary application by rule or order, Jurisdiction
under Ship
exercise such and the like jurisdiction as may, under the provisions of an owners Act.
[ 53. G. 3., c.
Act of Parliament made and passed in the fifty -third year of the reign of 159. ]
His Majesty King George the Third , intituled an " Act to limit the Re
sponsibility of Ship Owners in certain cases, " be exercised by any Court
of Equity .

77. Any person who shall upon any examination upon oath or affirmation, or False evidence.
statement, or in any affidavit in proceedings under this Ordinance , wilfully and corruptly
give false evidence, or wilfully and corruptly swear or affirm any thing which shall be
false, being convicted thereof, shall be liable to the penalties of wilful and corrupt
perjury. [Repealed by Ordinance No. 2 of 1889. ]


Judgment by Default, &c.


78. With respect to judgment by default and the mode of ascertain Rule to
compute
ing the amount to be recovered thereupon , be it further enacted and abolished.
Judgment by
ordained , that no rule to compute shall be necessary or used ; and that , default for
liquidated
in actions where the plaintiff seeks to recover a debt or liquidate demand demands
final.
in money, judgment by default shall be final .