the-ordinances-of-the-legislative-counci-1890 — Page 709

ORDINANCE No. 12 OF 1864. 673


Bills of Exchange and Promissory Notes.


3. The Chief Justice shall upon application within the period of twelve days Defendant shew
ing a defence
upon the merits
from such service, give leave to appear to such writ, and to defend the action , on the to have leave to
appear .
defendant paying into Court the sum indorsed on the writ, or upon affidavits satis
factory to the Chief Justice which disclose a legal or equitable defence, or such facts
as would make it incumbent on the holder to prove consideration, or such other facts
as the Chief Justice may deem sufficient to, support the application, and on such
terms, as to security or otherwise, as to the Chief Justice may seem fit.
4. After judgment the Chief Justice may under special circumstances set aside Chief Justice
may under
the judgment, and , if necessary stay or set aside execution, and may give leave to special circum
stances set aside
judgment.
appear to the writ and to defend the action , if it shall appear to be reasonable to him
so to do, and on such terms as to him may seem just.
5. In any proceedings under this Ordinance it shall be competent to the Chief Chief Justice
may order bill
Justice to order the bill or note sought to be proceeded upon, to be forthwith deposited to be deposited
with Registrar.
with the Registrar, and further to order that all proceedings shall be stayed until the
plaintiff shall have given security for the costs thereof.
6. The holder of every dishonoured bill of exchange or promissory note shall Remedyfor
recovery of ex
penses of noting
have the same remedies for the recovery of the expenses incurred in noting the same non-acceptance.
for non-acceptance or non- payment , or otherwise by reason of such dishonour, as he
has under this Ordinance for the recovery of the amount of such bill or note.
7. The holder of any bill of exchange or promissory note may, if he think fit , Holder may
issue one sum
issue one writ of summons according to this Ordinance against all or any number mons against
all or any of the
parties to bill,
of the parties to such bill or note, and such writ of summons shall be the commence
ment of an action or actions against the parties therein named respectively, and all
subsequent proceedings against such respective parties shall be in like manner, so far
as may be, as if separate writs of summons had been issued .
8. The provisions of " The Common Law Procedure Act, 1852 ," and of "The Incorporation of
Common Law
Procedure Acts
Common Law Procedure Act, 1854," and all rules made under or by virtue of either and Rules.
of the said Acts shall, so far as the same are by other Ordinances extended to this
Colony and may be made applicable, extend and apply to all proceedings to be had or
taken under this Ordinance.

9. In citing this Ordinance in any instrument, document or proceeding, it shall Short title.

be sufficient to use the expression "The Summary Procedure on Bills of Exchange
Ordinance, 1864. "


SCHEDULES REFERRED TO IN THE FOREGOING ORDINANCE.


(A. )
VICTORIA, BY THE GRACE OF GOD, &c.
To C. D. of
We warn you, that unless within twelve days after the service of this writ on you, inclusive of the
day of such service, you obtain leave from the Chief Justice to appear, and do within that time appear
in the Supreme Court in an action at the suit of A. B. The said A. B may proceed to judgment and
execution.
Witness, &c.