and of the expiration or other determination of the tenancy, with 29 Vic. c. 34. the time and manner thereof and of the title of the Plaintiff, if such title has accrued since the letting of the premises, and of the service of the summons, if the Defendant shall not appear thereto, the Judge may order that possession of the premises mentioned in the plaint be given by the Defendant to the Plaintiff, either forthwith or on or before such day as the Judge shall think fit to name; and if such order be not obeyed, the Clerk of the Court, whether such order can be proved to have been served or not, shall, at the instance of the Plaintiff, issue a warrant authorizing and requiring the Bailiff of the Court to give possession of such premises to the Plaintiff. II. In any such plaint against a tenant, as in the last preceding In plaint for section is specified, the Plaintiff may add a claim for rent or mesne recovery of profits on both down to the day appointed for the hearing, or to possession, Plaintiff may any preceding day named in the plaint, so as the same shall not claim for rent exceed twenty pounds, and any misdescription in the nature of and mesne such claim may be amended at the trial. profits. III. When the rent of any corporeal hereditament, where neither Possession of the value of the premises nor the rent payable in respect thereof small teneexceeds twenty pounds by the year, shall for one half ments may be be in year recovered by arrear, and the landlord shall have right by law to re-enter for the landlords for non-payment thereof, he may, without any formal demand or re- non-payment entry, enter a plaint in the Court of Common Pleas, and thereupon of rent. a summons shall issue to the tenant, the service whereof shall stand in lieu of a demand and re-entry; and if the tenant shall five clear days before the return day of such summons pay into Court all the rent in arrear and the costs, the said action shall cease, but if he shall not make such payment, and shall not at the time named in the summons show good cause why the premises should not be recovered, then, on proof of the yearly value and rent of the premises, and of the fact that one-half year's rent was in arrear before the plaint was entered, and that no sufficient distress was then to be found on the premises to countervail such arrear, and of the landlord's power to re-enter, and the rent being still in arrear, and of the title of the Plaintiff, if such title has accrued since the letting of the premises and of the service of the summons, if the Defendant shall not appear thereto, the Judge may order that possession of the premises mentioned in the plaint be given by the Defendant to the Plaintiff on or before such day, not being less than four weeks from the day of hearing, as the Judge shall think fit to name, unless within that period all the rent in arrear and the costs be paid into Court; and if such order be not obeyed, and such rent and costs be not so paid, the Clerk of the Court shall, whether such order can be proved to have been served or not, at the instance of the Plaintiff, issue a warrant authorizing and requiring the Bailiff of the Court to give possession of such premises to the Plaintiff, and the Plaintiff shall, from the time of the execution of such warrant, hold the premises discharged of the tenancy, and the Defendant, and all persons claiming by, through or under him, shall, so long as the order of the Court remains unreversed, be barred from all relief in equity or otherwise. IV. Where any summons for the recovery of a tenement as is Sub-tenant hereinbefore specified shall be served on or come to the knowledge served with summons to recover possession must give 29 Vic. c. 34. of any sub-tenant of the Plaintiff's immediate tenant, such subtenant being an occupier of the whole or a part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord, under penalty of forfeiting one year's rack rent of the premises held by such sub-tenant to such landlord, to be recovered by such landlord by action in the Court from which such summons shall have issued, and such landlord, on the receipt of such notice, if not originally a Defendant, may be added or substituted as a Defendant to defend possession of the premises in question. notice to his immediate landlord, who may come in and defend. V. A summons for the recovery of a tenement may be served like other summonses to appear to a plaint in the Court of Common Pleas; and if the Defendant cannot be found, and his place of dwelling shall either not be known, or admission thereto cannot be obtained for serving any such summons, a copy of the summons shall be posted on some conspicuous part of the premises sought to be recovered, and such posting shall be deemed good service on the Defendant. VI. Any warrant to the Bailiff of the Court to give possession of a tenement shall justify the Bailiff in entering upon the premises named therein, with such assistants as he shall deem necessary, and in giving possession accordingly; but no entry upon any such warrant shall be made, except between the hours of eight in the morning and four in the afternoon. VII. Every such warrant shall, on whatever day it may be issued, bear date on the next day after the last day named by the Judge in his order for the delivery of possession of the premises in question, and shall continue in force for three months from such date and no longer, but no order for delivery of possession need be drawn up or served. VIII. The Judge of the Court of Common Pleas may at all times amend all defects and errors in any proceeding in such Court, whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the Judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made, if duly applied for. IX. No officer of the Court of Common Pleas in executing any warrant issuing therefrom, and no person at whose instance any such warrant shall be executed, shall be deemed a trespasser by reason of any irregularity or informality in any proceeding on the validity of which such warrant depends, or in the form of such warrant, or in the mode of executing it, but the party aggrieved may bring an action for any special damage which he may have sustained by reason of such irregularity or informality against the party guilty thereof, and in such action he shall recover no costs, unless the damages awarded shall exceed forty shillings. X. If the party summoned under the forty-third section of the Act of Assembly, 23rd Victoria, chapter 19, shall not appear pursuant to such summons, or allege a sufficient excuse for not appearing, it shall be lawful for the Judge of the Court to order that any such party may be committed to prison for any term not exceeding thirty days, unless such debt, damages or costs shall be 29 Vic. c. 34. sooner paid or order obeyed. summons and warrants of XI. Any judgment summons issued under this Act or the Act Sufficiency of to which it is an amendment, or any warrant of commitment in judgment respect of an unsatisfied judgment or order of the Court, may respectively be in the form or to the effect given in Schedule Ă commitment to this Act, numbered respectively (1) and (2); and all such sum- if in form, monses or warrants shall be deemed sufficient to justify proceed- given in ings under them without any further statement of facts to show schedule. jurisdiction. not to cause XII. The bankruptcy or insolvency of the Plaintiff in any Bankruptcy action in the Court of Common Pleas, which the assignee might and insolvency maintain for the benefit of the creditors, shall not cause the action of Plaintiff to abate if the assignee or official assignee shall elect to continue action to abate such action, and give security for the costs thereof, within such if assignee elect reasonable time as the Judge shall order, but the hearing of the to continue it. cause may be adjourned until such election is made; and in case the assignee or official assignee do not elect to continue the action, and to give such security within the time limited by the order, the Defendant may avail himself of the bankruptcy or insolvency as a defence to the action. enforced. XIII. Where by this Act, or any Act relating to the Court of How security Common Pleas, or where by the practice of the Court a party is to be given and required to give security, such security shall be at the cost of the party giving it, and in the form of a bond, with sureties, to the other party or intended party in the action or proceeding: Provided always, that the Court in which any action on the bond may be brought may by rule or order give such relief to the obligors as may be just, and such rule or order shall have the effect of a defeasance of such bond. And whenever any such security is required to be given by any party, he may in lieu thereof, deposit with the Clerk of the Court a sum equal in amount to the sum for which he would be required to give security, together with a memorandum to be approved of by the Clerk of the Court, and to be signed by such party, his attorney or agent, setting forth the conditions on which such money is deposited, and the Clerk of the Court shall give to the party paying a written acknowledgment of such payment; and the Judge of the Court may, on the same evidence as would be required to enforce or avoid such bond as in the last preceding section is mentioned, order such sum so deposited to be paid out to such party or parties as to him shall seem just. XIV. Whenever the Judge of the Court of Common Pleas proposes to sue any person for any cause of action coming within the jurisdiction of the Court of which he is the Judge, or any person proposes to sue such Judge, for any like cause in the said Court, it shall be lawful for the Chief Justice to try such action, and he shall then and at all times thereafter have the same power with respect to any such action as the Judge of the Court of Common Pleas hath in other cases. How Judge of Court of Common Pleas may sue and be sued. XV. The Judge of the Court of Common Pleas in any case Judge may when he shall see fit, upon application on affidavit by either party, order for may issue an order under his hand and seal of the Court for prisoner to be bringing up before such Court any prisoner or person confined in brought up to give evidence. 29 Vic. c. 34. any gaol, prison or place under any sentence or under commitment for trial or otherwise, except under process in any civil action, suit or proceeding, to be examined as a witness in any cause or matter depending or to be inquired of or determined in or before such Court; and the person required by any such warrant or order to be brought before such Court shall be so brought under the same care and custody, and be dealt with in like manner in all respects, as a prisoner required by any writ of Habeas Corpus awarded by a Judge of Her Majesty's General Court, to be brought before such Court to be examined as a witness in any cause or matter depending before such Court, is now by law required to be dealt with. Jurisdiction extended under revenue laws. XVI. That from and after the passing of this Act the jurisdiction of the Court of Common Pleas, in all matters of forfeiture under the Revenue Laws of the Colony, shall be extended to the sum of twenty pounds. Summons of commitment. day of WHEREAS the Plaintiff obtained a judgment (or if no judgment Clerk of the Court. Hours of attendance at the office of the Clerk of this Court at the Court House at Nassau, from half-past nine, a.m. till three, p.m, To the Bailiff of the said Court, and all Peace Officers within the jurisdiction of the said Court, and to the Keeper of the Nassau Prison. Whereas the Plaintiff obtained a judgment (or order) against the Defendant in Court of Common Pleas held in the City of Nassau, in the Island of New Providence, on the day of 186, for the payment of £ for debt (or damages) and costs, upon which judgment (or order) and the subsequent process issued thereon, the sum of £ was at the date of issuing the summons hereinafter mentioned and still is due : And whereas a summons was, at the instance of the Plaintiff, Warrant of duly issued out of this Court, by which the Defendant was commitment. required to appear at this Court on the 186, day of to answer such questions as might be put to him, pursuant to section forty-three of the Act of Assembly 23rd Victoria, chapter 19, in relation to such debt (or damages), which summons was proved to this Court to have been personally and duly served on the Defendant: And whereas this Court, at the hearing of the said summons, ordered that the Defendant should be committed to prison for days, for (state the cause as the case may be): These are therefore to require you, the said Bailiff and others, to take the Defendant and to deliver him to the Keeper of the Nassau Prison, and you the said Keeper to receive the Defendant, and him safely keep in the said prison for days from the arrest under this warrant, or until he shall be sooner discharged by due course of law. Dated this [insert date of order] day of Amount remaining due, £ 186, A. B. Judge of the Court. Total, £ This warrant remains in force for eighteen calendar months from the date thereof. This form to be applicable to all judgments recovered at the hearing, or by default, or by consent, and to all orders within the jurisdiction of the Court. |