the-ordinances-of-the-legislative-counci-1890v3 — Page 376

ORDINANCE No. 22 of 1882 . 1659


Supreme Court.


the attendance of all necessary parties and witnesses in like manner as
the attendance of witnesses in other cases may be enforced , and may
make such order for the payment of all damages and costs that may have
been caused by any such act or neglect as it or he thinks just, and impose
such fine upon the officer as it or he may deem adequate ; and in default
of payment of any money so ordered to be paid , payment of the same
may be enforced as a judgment recovered in the Court. Provided always
that this provision shall not take away any right of action for damages
against any officer, but no action shall be commenced or continued for
any act or omission of such officer after the Court or a Judge has ordered
compensation to be paid in respect of it under this section .

Costs in cases
11. Whenever any suit shall be brought against any officer of the
against
Court for any act done or omitted to be done in the execution of his officers of the
Court.
duties, and a verdict or judgment shall be given for the plaintiff in such
suit, the plaintiff shall not have costs against the defendant unless the
Judge certifies his approval of the suit and verdict or when the trial is

had without a jury of the suit only. If a verdict or judgment is given
for the defendant or the plaintiff becomes non- suited or discontinues the
suit after issue joined , or if on demurrer or otherwise judgment is given
against the plaintiff, the defendant shall recover his full costs and shall

have the like remedy for the same as any defendant has by law for costs
in other cases .

12. No such suit shall be brought except within three months after Limitation of
time, and
the act of omission or commission complained of. Notice in writing of mode of
procedure.
every such suit and of the cause thereof shall be given to the intended
defendant one month at least before the commencement of the suit.
The plaintiff shall not recover if tender of sufficient amends is made
before a suit is commenced or if after a suit is commenced a sufficient

sum of money is paid into Court by or on behalf of the defendant and the

defendant undertakes to pay costs when taxed .

13. All fees receivable in the Supreme Court shall be payable in Fees to be
paid in stamps,
stamps subject to the provisions of the Stamp Ordinance . The fees here and scale of
fees under the
tofore payable under the Sheriff's Ordinance, 1873 , shall continue to be Sheriff's Ordi
nance, 1873.
payable in respect of process issued by the Court until a new scale of fees to be continu
ed .
for the Supreme Court generally shall be prepared and adopted .

14. Ordinance No. 8 of 1858 sec . 22 is hereby amended by striking Ordinance $
of 1858
out the words " or Sheriff." amended.