the-ordinances-of-the-legislative-counci-1890 — Page 543

ORDINANCE No. 7 OF 1862 . 507


Court of Summary Jurisdiction.


then the said Judge shall and may entertain the complaint of such plaintiff, and in
case any order shall be made in favour of such plaintiff, the same shall be expressed to
be, and shall be, in full discharge of the whole of such demand.

9. Except by consent or by leave of the Court, no cause or matter within the Notice ofaction,
and special
defences.
Summary Jurisdiction shall be set down for hearing before at least two clear days
from the service of the summons where the sum claimed shall be more than fifty
dollars, nor before twenty-four hours where the sum claimed shall be fifty dollars or
less than that sum. And, except by consent or by leave of the Court, it shall not be

competent to the defendant to enter into any special defence such as " set off "
"illegality" " want of consideration ," or the " Statute of Limitations," unless at least
twelve hours ' written notice thereof has been first given to the plaintiff or his attorney.

10. The Judge of the Court of Summary Jurisdiction shall have authority to issue Writs ofcapiasad
respondendum
may be issue as
writs of capias ad respondendum in respect of claims exceeding fifty dollars, and not in Supreme
Court.
exceeding five hundred dollars , and shall have all such powers and authorities as to
such writs as before the passing of this Ordinance were vested in the Chief Justice by
virtue of Ordinance No. 6 of 1845, and the forms of procedure heretofore in use in the
Supreme Court as to such claims shall be adopted by the Court of Summary Jurisdiction ,
with such alterations as the Judge of such Court shall deem proper. The fees of Court

and costs, in respect of such proceedings, shall be the same as are at present allowed.

11. It shall be lawful for the Judge of the Court of Summary Jurisdiction to Costs.

award costs in all actions or complaints as he may think proper ; and also to allow such
reasonable sum or sums of money for the attendance and loss of time of parties and
witnesses as he the said Judge shall think fit.

12. When the term and interest of the tenant of any lands or tenements where Possession of
tenements not
exceeding five
the value of the premises or the rent payable in respect of such tenancy did not exceed hundred dollars
per annum, re
the anniual value of five hundred dollars, shall have ended or shall have been duly coverable in the
Court of Sum
determ ned by a legal notice to quit, and if such tenant or occupier of the same or any mary Jurisdie
tion.
part thereof shall neglect or refuse to quit and deliver up possession of the premises or
part thereof respectively, it shall be lawful for the landlord or his agent to enter a
plaint in the said Court, and thereupon a summons shall issue to the person so neglect
ing or refusing ; and if the tenant or occupier shall not thereupon appear at the time If tenant, &ca
neglect to appear
and place appointed and show cause to the contrary, and shall still neglect or refuse to or refuse to give
possession, Court
may, on proof of
deliver up possession of the premises to the landlord or his agent, and pay the costs service of sum
mons, issue a
incurred, it shall be lawful for such landlord or agent to give proof to the Court of the warrant to
enforce the same.
holding, and of the end or other determination of the tenancy , with the time or manner
thereof, and, where the title of the landlord has accrued since the letting of the
premises, the right by which he claims the possession ; and upon proof of service of
the summons and of the neglect or refusal of the tenant or occupier, the Court may
issue a warrant to the bailiff of the said Court requiring and authorizing him, within
not less than seven or more than ten clear days from the date of such warrant to give
possession of the premises to such landlord or agent ; and such warrant shall be a