the-ordinances-of-the-legislative-counci-1890 — Page 438

402 ORDINANCE No. 3 OF 1858 .


Supreme Court.

Stay of pro
5. The said Court may stay proceedings instituted under section 4
ceedings in
such case. or in any separate suit or matter in Equity, if the said Court shall be of

opinion that the same ought not, or ( as the case may be ) ought to be
prosecuted under the said section : And it shall have power to impose
such terms, and give such directions upon such stay of proceedings with
respect to costs , admissions , or otherwise, as shall be deemed meet.

Inspection of 6. Applications for inspection under
documents. Ordinance No. 3 of 1852 ,
section 4, may be made at any time before trial or hearing.

Juries to consist 7. Whether in civil or in criminal cases, and whether in proceedings before the
of seven.
said Court , or before the sheriff, or a commissioner, or an officer of the same, every
jury (not being a Coroner's jury ) shall always consist of seven men , and the unani
mous verdict or finding of every such jury, or, where the case is not capital, of the
majority thereof, shall be in all cases final for all purposes soever . [ Repealed by Or
dinance No. 11 of 1864. ]


Applications 8. Where the matter in dispute between the parties to any action
in matters of
mere account consists wholly or in part of matters of mere account , which cannot be
to be made
within one conveniently tried in the ordinary way, it shall be the duty of the plain
day after
issue joined , tiff or his attorney , or ( in his or their default, ) for the defendant , or his
at latest.
attorney, to make such application as is provided by Ordinance No. 6 of
1855 , section 2 , to the Court or in Judge's chambers within one day
after issue is joined between the said parties at the latest.

Vesting order 9. The jurisdiction of the said Court to grant vesting orders of the
in case of
moveables, estate and effects of insolvent debtors , is hereby declared to extend to
wheresoever
locally situate. all their moveable property wheresoever locally situate ; yet so as that
the said debtors are themselves personally subject to the jurisdiction of
the said Court in respect of their insolvency .

Power to 10. Wheresoever it shall appear to the said Court (except when
increase or
decrease fixed sitting in its Admiralty jurisdiction ) , that allowances of any kind , as fixed
allowances.
by former enactments, ought generally or in any particular case to be
increased or decreased in proportion to the value of money within this

Colony, or the fluctuations thereof, or the difference of currency , it shall
be lawful for the said Court to authorize or direct the same respectively
to be so increased or decreased accordingly.

Powers of the 11. The provisions of section 10 shall be deemed to empower the
Taxing
Master said Court, likewise to authorize or direct the Taxing Master thereof
extended.
(but only in each particular case) to exercise the like discretion in the