the-ordinances-of-the-legislative-counci-1890 — Page 547

ORDINANCE No. 7 OF 1862 . 511


Court of Summary Jurisdiction.


Provided that, unless with the consent of the plaintiff, the time for satisfying any such
order or decree shall not exceed three months from the time of making such order as
aforesaid : Provided also that if the defendant shall fail to pay any such instalment
agreeably to such order, in every such case the plaintiff may proceed to take out execu
tion for the amount of such order or decree and the costs and charges thereof then
remaining due and unsatisfied in like manner as if no such order as aforesaid had
been made.

29. All orders and decrees or other decisions , so to be made or pronounced in any Appeal.
such summary proceeding as aforesaid , shall be subject, with the consent of the Judge,
to an appeal to the Chief Justice ; but in case the Judge should refuse such consent,
the Chief Justice may notwithstanding , on application , allow such appeal on such terms
as to him shall seem fit.

30. In case any action or suit shall at any time hereafter be commenced or brought Actions against
officers, &c.
against any officer of the said Court of Summary Jurisdiction, or against any other
person for anything done in pursuance of or under the authority of this Ordinance, it
shall be lawful for such officer or other person in every such suit or action to plead the
general issue, and give this Ordinance and the special matter in evidence ; and in case General issue.

the plaintiff in such action or suit shall have a verdict pass against him or be non -suit
or discontinue his action or suit, the defendant shall, in any of the said cases, be allowed
double costs.

31. No action or complaint or other proceeding under the Summary Jurisdiction Proceedings not
to be set aside for
given by this Ordinance, shall be treated or considered as invalid or subject to be set want of form.

aside, on account of any verbal or technical error ; but all errors and mistakes not hav
ing a tendency to mislead the opposite party, shall and may in all cases be amended or
altered by the Court.

32. In all actions and complaints or other proceedings in the Court of Summary Allowance and
recovery of fees.
Jurisdiction created by this Ordinance, the fees specified by the schedule No. 2 here
unto annexed , shall, unless and until otherwise ordered and directed, be established
and be deemed and taken as the lawful fees and emoluments of the said Court and of
the attornies thereof for the discharge of the several duties therein specified ; and the
Judge of the Court shall have full power to compel the payment of the fees of the Court
in a summary way by order, and on non-payment, by warrant of distress and sale
under his hand and sealed with the seal of the Court ; and the said fees shall be received Clerk to receive
and account for
and accounted for by the clerk of the Court and be paid over to the Colonial Treasurer. fees.

[Section inserted and numbered 33 by Ordinance No. 9 of 1864 and see section 49 of Ordi
nance No. 1 of 1871.]

33. [Re-numbered " 34 " by Ordinance No. 9 of 1864. ] The Judge of the Court The Judge ofthe
Court to preside
of Summary Jurisdiction shall in addition to his duties as such Judge have full power in all such causes
in the Supreme
Court as the
to preside at the trial of all such causes to be tried before a jury and to hear and Chief Justice
shall direct.
determine all such other causes, matters and things which shall be at any time depend
ing in the Supreme Court whether in Court or in Chambers, and also in all matters