the-ordinances-of-the-legislative-counci-1890 — Page 363

ORDINANCE No. 6 OF 1855 . 327


Common Law Procedure.


gestion ; and if in any such action the wife shall sue or defend by attorney
appointed by her when sole, such attorney shall have authority to continue
the action or defence, unless such authority be countermanded by the
husband and the attorney changed according to the practice of the Court.
89. The bankruptcy or insolvency of the plaintiff in any action Bankruptcy
or insolvency
which the assignees might maintain for the benefit of the creditors , shall of plaintiff,
when not to
not be pleaded in bar to such action unless the assignees shall decline to abate action.

continue and give security for the costs thereof upon an order of the Court
to be obtained for that purpose within such reasonable time as the Court
may order, but the proceedings may be stayed until such election is made ;
and in case the assignees neglect or refuse to continue the action , and give
such security within the time limited by the order, the defendant may,
within eight days after such neglect or refusal , plead the bankruptcy or
insolvency.
90. Where an action would, but for the provisions of this Ordinance, To compel
continuance
abate by reason of the death of either party, the defendant, or person or abandon
ment of action
against whom the action may be so continued, may apply by summons in case of
death.
to compel the personal representatives of the plaintiff to proceed within
such time as the Court shall order ; and in default of such proceeding ,
the defendant shall be entitled to enter a suggestion of such default , and
of the representative character of the person by or against whom the action
may be proceeded with , as the case may be , and to have judgment for the
costs of the action and suggestion against the plaintiff, or against the per
son entitled to proceed in his room, as the case may be, and in the latter
case to be levied of the goods of the testator or intestate.

Ejectment.

91. If any person shall bring any action of ejectment after a prior Claimant in
second
action of ejectment for the same premises has been or shall have been ejectment for
same premises
unsuccessfully brought by such person , or by any person through or against same
defendant
under whom he claims, against the same defendant, or against any person may be
ordered to
through or under whom he defends , the Court may, if it think fit, on the give security
for costs.
application of the defendant at any time after such defendant has appeared
to the writ, order that the plaintiff shall give to the defendant security
for the payment of the defendant's costs, and that all further proceedings
in the cause shall be stayed until such security be given, whether the
prior action has been or shall have been disposed of by discontinuance or
by non- suit, or by judgment for the defendant.