the-ordinances-of-the-legislative-counci-1890 — Page 544

508 ORDINANCE No. 7 OF 1862 .


Court of Summary Jurisdiction.


sufficient authority to such bailiff to enter upon the premises with such assistants as
he shall deem necessary, and to give possession accordingly : Provided that no such
entry be made on a Sunday, Good Friday, or Christmas Day, or except between the
hours of nine in the morning and four in the afternoon.
Provisions as to 13. Having regard to the annual amount aforesaid, where an arrear of six months'
arrears of rent.
rent shall be due on any lands or premises, and not paid after due demand, and no
sufficient distress on the lands or premises to satisfy such arrear, it shall be lawful for
the landlord to proceed in manner aforesaid, and for the Court to make a decree for
putting such landlord into possession , unless the rent and costs of proceedings be paid
within one fortnight from the pronouncing of such decree.

Proceedings, or 14. The several proceedings , orders , decrees, and dismissals which shall be taken ,
ders, &c., may
be in form pre prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be
scribed in sche
dule No. 1. in the form prescribed in the schedule No. 1 hereunto annexed , or as near thereto as
circumstances will admit.

Court may dis 15. It shall be lawful for the said Judge, and he is hereby empowered, to dismiss
miss action or
complaint with any action or complaint which may be brought before him either with or without costs,
or without costs.
and either on the merits, or without prejudice to further or other proceedings as he
shall think fit.

Consequences 16. If any action or suit shall be commenced in the Supreme Court for any debt or
ofnot proceed
ing under Sum damages other than hereinbefore excepted , not exceeding the sum of five hundred dollars,
mary Jurisdic
tion.
and recoverable under and by virtue of the jurisdiction hereby given, the plaintiff in
such action or suit shall not, by reason of any verdict for him, be entitled to any costs
whatsoever : and if the verdict shall be given for the defendant or defendants in such
action or suit, and the Chief Justice of the said Court shall think fit to certify that such
action or suit ought not to have been brought and tried before him , then such defend
ant or defendants shall have double costs, and shall have such remedy as he or they
could have for his, her, or their costs in any case by law. [ Repealed by Ordinance No.
1 of 1871. ]
Plaintiffs and 17. No person whatever shall be permitted to appear and act in any such sum
defendants to
attend personal mary proceeding, for or on behalf of any plaintiff or defendant therein where the sum
ly, unless un
avoidably pre claimed does not exceed one hundred dollars, unless it shall be first proved to the satis
vented.
faction of the Judge, that such plaintiff or defendant is prevented by some unavoidable
necessity, or some good or sufficient cause from attending such Court in person. [ Re
pealed by Ordinance No. 1 of 1871. ]
Right of parties 18. Whenever any plaint or suit shall be instituted under or by virtue of this
to be assisted by
attorneys or Ordinance for the recovery of any sum exceeding one hundred dollars, it shall and may
agents.
be lawful for the plaintiff or defendant, with the consent of the Judge, to employ any
friend, agent, or an attorney of the Supreme Court, to assist at the trial or hearing of
the suit ; and each party shall respectively bear and defray the expense incurred by the
employment of his own attorney, save and except when the Judge shall certify that the
case was such as to render it fit and advisable for the party or parties obtaining a