the-ordinances-of-the-legislative-counci-1890 — Page 370

234 ORDINANCE No. 5 OF 1856 .


Common Law Procedure.


be passed for amending the same, shall be by summary application to
the Supreme Court on the common law side, and by way of motion sup

ported by affidavit ; and the said Court shall, if it deem meet, by rule or
order give such relief as by the said section any such competent Court as
in the said Act is mentioned hath power to give.
Further ex
tension of 6. In like manner, any party to an action may, upon his or her
the equitable
jurisdiction of summary application to the said Court, obtain , in the cases specified in
the common
law side of the hereby extended enactments of the " Common Law Procedure Act
the Supreme 1852 ," or in the said Ordinance No. 6 of 1855 , any such writs of in
Court.
junction or other equitable relief as therein expressed : And no such
party shall be obliged to have recourse for such relief to the equity side
of the actual said Court by bill or otherwise.

Striking out 7. It shall be lawful for the said Court to order to be struck out
of equitable
defences. of any pleadings at law, upon such terms as to the said Court shall seem
meet, any equitable plea or equitable replication which doth not appear
to disclose a good defence upon the merits either at law or in equity.
Payment of 8. Payment of money by a defendant into Court shall in no case
money into
Court no ad soever be deemed an admission of any of the causes for which such ac
mission of
cause of ac tion may have been brought.
tion.
Actions of 9. The Attorney General may lawfully institute and prosecute in
ejectment for
Crown lands, his own name an action of ejectment for recovering unto the Crown any
& c., may be
brought by lands , tenements or hereditaments claimed by the Crown and whereof
the Attorney
General. the Crown is not in actual possession .
False testimony. 10. The penalties of wilful and corrupt perjury shall be incurred by any person
who shall falsely swear to, or wit or without oath falsely affirm or state, any matter
of evidence under this or any other Ordinance. [ Repealed by Ordinance No. 2 of 1889. ]
Court of error 11. Until a Court of error and appeal shall be constituted in this
and appeal.
Colony, so much of schedule A to this Ordinance as relates thereto may

be so far as practicable taken advantage of by appeal to Her Majesty
in Council.




SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THIS ORDINANCE REFERS.

Title or Subject matter How much of the Act is hereby
Date of Act .
of Act. extended to this Colony.


6 & 7 Vict. c. 67. Proceedings in Manda- The whole Act.
mus .