Absentee Defendants Act 1855 (SA)

AS it is expedient that the existing laws, relative to the PreamLlc, 7

C,&-*- - .f

sumg absent parties, and to the proceedings against &int contrnctprs, shdukl be altered, no as to facilitate the prosecution3 *

J P C % "8;. "

jG t clainrs-~e it tllerefore Enacted, by His Excellellcy the	" 1 %	-$
Governor-in-Chief of South Australia, with the advice and consent of' the Legislative Council tlm8eof, s s follows:

I. In every action at law, which shall be hereafter conln~cliced i11 oil afiidlwiL fi~<.d, kc.,

daintiff may prwced

the Supreme Court of South Australia, 3 a& the expiration of 1 , . agnmit RU absent do-

' ei&t days, from the $suing of any writ of sumtlions, an affidavit

,S	shall he filed on bell,alfof the plaintiff, that the cause of action arose "ta'''mC"t.
within t lGa id Province, and that, to the best of the devo~~ent's belief.
.	::

\ 11

defendant does not reside within the said province, and is, to thd %of deponent9s belief, pdssessedof, or entitled to, or otllcrwise bene-

4 \ ficially iriterested in any lands, moneys, securities for molluy, chattel^,

o p t v, i n t h e custody, or under the control, of person

in tlie said Province (to be n a d in such n 6 d a v i t F r

person or persons is or are indebted -- to such defendmT

the plaintitfinay proceed against such defenzlt, by process of fbreign

that, b j , M*

in the manner herelzfte-d : v~%vided

udqe of the said Suprrme Court (where it shall appear

n&ff may sustain injury by the delay), such affidavit ' - " - v {;a+-&

befbre the return of such writ of summons. kf * " *t

.#*M-%_ "

C - l h*'

----""I jly

said Court on some day not less than twenty-one days, nor more than

11 sixty days next after t h e x t h e r e o f, and s2dl be served upon the

p v z 2 " several garnisheespr persons therein named, in whose llands it is

4	?	intended t E e b y to attach say such moneys,
Ploviso as to proof	by delivering a C O $ ~ (6-m-gaFnishe & ~ ~ ~

of W-here cause of

action accrwd. alwnys, that final judgrneut shall m no case

"Pi	action until ;In entry s l d l have been made on the record of the issue
3	of such writ of attachment, with n suegestion of the het that tlie c a ~ ~ s e or causes of ac601i%o arose as aforesaid; and in case it shall at any time appear that the cause of action (lid not arise within the said Province, the attachment shall be forthwith %olved, with costs to be paid by the plaintiff to such parties, and in such manner as the said Court slrall direct.

3. That, in addition to such service, the plaintiff shall also cause

, n notice of the issue of such writ signed by him or his attorney, to

-.

he published in three successive Gaverunzent Gazettes, a d ill tlwce

,:	I	succcssive weeks in at least one daily and one weekly newsl~npcr published in tllo City of Adelaide; and every such notice shall b c h
in such form as the Court or a Judge tilereof shall direct'; ancl the date
of' such last publicatioll thcreof shall be onc week xt the least before the day on wl~ich the writ of att;icIimc~~t sliall be liiacle returuable.

Y-J&, %,a h >

- - I)___*

Property and debt8	4.	That, from tlie time of the service of tllc writ upon any such wr-
hound from the time

y o m & m e n t swyca. nishee, or erson, as'nf~resa~id, nll ancl singular the litlids a n e r

-oneYs and chattels, Mls, bonds, nud otlio. p~opertv,

, , of whntsoevcr niitnrc, ill the custody, or under the co~t ro l of such

;* ''W g;l,rilislm, tben belonging to the defendant against who111 SIICIL writ i s s i o r to, or in whlcll srleh defeodnnt s11all then be lcgallv or

(pm?	equitably entitled, or otherwise bcneficinlly interested, (and ~vlltdier
solely, or joint1 with any person or l)~rsol~s), and all debts of

r

* f l 1 - G i G 2 r y a, kind r" t ien doc: by nnv sucli gnraislice to sac11 defcrd:mt, h

althoagh the same, or n p i t thereof, may 1,e payahlc only at ;r frtture day, ~11~11, to the cxtctit of sncli defendant's ~ight, titlc, ailcl interest therein, respectively be attached in the l~mcis of' sucl~

garnisliee and (d&ct to any l onn I;de y~rior l i ~ s tlwreoa), be liablt. - .. $ * G

&W 8

to the satisfixction of tlie particular d&and, or ciutse of actidn. of - - d

which he or she sllall, by the same writ, have hacl notice; and if t . - -. v

any sucli gtlruiishee, or person, without the leave of tlw Court, or s -

+. 4 Judge thereof; shall, at any time after such service, and before the " -

said attaclliuent sl~nll bc dissolved, sell, or otherwise dispose of, or

% ' * part with, any n~lcll property, or pay over any such debt, or any

part thereof excepting, only, to or to the use of the plaintiff in such writ, lie or she shall, upon the applicatiou, in a summary way, of such plaintiff to the Court, and, on proof of the facts, pay sucli darnages to the plaintiff, as such Court shall, in that behalf; tlliuk fit to award.

Inquiry as to property

in garnishec's hands.

5. TJpoil the return of any such writ of attachment, as aforesaid, or

as soon as con~&%3Z~ may be, and upon such other day or days of

A--,&-y adjournment, if any, as shall in that behalf' be directed, the said Court

Court sliall proceed to inquire alrd determine, whether, in fact, the plaintiff's cause of action arose withi11 the said Province, and if so, then what lands, moneys, chattels, and otlicr property as aforesaid, (sufficiei~t, or not more tliair snfFicieiit to satisfy the plaintiff's cause of action, together with his costs of suit), then are, or were a t the

of the snid writ, in the custody, or under the e5;trnishee or persou, as aforesaid, belongiu~ to

the defendant, or to, OF in which, he ' was at that time entitled or

hiterestcd as :~fbresnid; and what debts were then due to such defendant, from arw suc11 garnishee or person, and the particulars thereof', arid nlrctllfr sdch l~nds, moneys, azd other property and

debts, or any part or parts tl~ercof; are, or can be ~ m d c available

for t lk pm$ok of niking socl1 satisfi~ction, s s afbresaid, and to

wllnt miloi~nt respectively, and for the purposes of such enquiry

nucl determitistion, it sllall be lnw-f~~l for the ssirl Court, or 3 ~ l t d & tllcreof, in a sunlmary way, to examine, or pewi t the said plnintitf'to examine, uiz'n aocu, u on oath, every-such - ~ c 2 person, to- gctlicr with sucli wit;"legscs?~f' any), ns the snid Court, or a .Judge thereof inay think fit to be so examined, and for that pnrposc: to -L t3 (Is

make such orders, nvrd issue suc.11 suilinlonses to the several gay- r 44

~ ~ i s h c e s, p d to m y witness or witnrGses, as iiiay, in that behalf iw nt~&f?'~r dk-=

deemed expedient; and any such prnlshee m' o r per:ou, :rs aforesaid. ~a"ies-

or witncss, who shall ~ d u s e or ilcg cc, to atteird, according to the

cxigcncy of any such writ of attacllu~ent, or to obey ally such order A

or sutnmoi~s, or shall refixsc: to - be so exanlined, shnll be

somnlnrily p r o c e e ~ a g ~ r ~ --..-- as in cmes of -- eootenq -- urt,

i d to be pl is l icd accoruingly: P r o v z d always, t l i n t ~ ~ l y

(::18e-3 -s7i;ZIEippear. r n ~ ~ e r the circrmistances, to be rcason-

able or just so to do, it s h l l be lawful fbr t lx said (lourt, or a	.	.
.Judge ihereof, to dispense with the attendance of any such gnr- iiisIice up011 his subnlittil~g to be csrtmipd upon oath before tlrc

snkl CO rt, o r y Judge thereof, or upon such other terms, as such a

Court or Judge sl~nll impose; and where any snch prmislice &:ill d o ---

:~ttciid iu obe(1ience to any such writ or s~mm6ns, it shall bc lawful I

fbr the Conrt to award hinl the reasonable expense of such attcxr-

dance, to bc paid by tlre plczintiF.

6. That if any such g,~rnishee or person in whose hands any sucl~ ~ ' i ~ ~ l o f w1)(k

y 11y leave of C h l ~ t.

l a d s, goods, or property, or debts, as t~foresaid, shall have beeu so attachecl, shnll be desirous of disposing of the same, or any part thereof, or of receiving or paying (as the case may Le) the amount of any bill, bond, debt, or 0 t h chose in action, or any part thereof; pending such attachment, 3 r d sEdl apply for that purpose to the said Court, or a Judge thereof, it shall bc lawful f'or the said Court or Judge (due notice haviix been riven to the lslaintiff of auch intende; application), to auth&ze .-a such'~arnishee, orIperson, to sell or dispose of such property, or to receive or pay any such amount, and the urocccds of such sale or disnosd. or the amonnt so received, or mid {ss the case may be), shall 'thereafter be held by such gar~lisllrk or persm, or be into Court, or invested, or otherwise bc dctlrind or appropriated fbr the satisfaction of the plaintiff', as such Court

s l d think fit to order. 7, At

After return day,

7. At any time, after the return day of any such writ of attach-

action a&f

g r

* plaintiff may prooeed

m if defendant in the	ment, it shall be lawful for theplaintiff to proceed tlwaon in the
Colony.	such defendant resided in the Province aforesaid, and had appeared to s ~ ~ h action i-nll: Provided, that such bond, as is hereinafter in that behalf prescribed, shall have been first duly eu- terzRhto.

Court to determine

rc what property is to 8. So soon as upon any such exanlintltion or inquiry as aforesnid, such properties and debts as aforesaid c m (consistently with existing liens or prior claims thereon, to be determined by the said Court or J ~ d g e ), be made available for the purpose of making satisfaction to the plaintiff ns aforesaid, tlie said Court or Judge s1i:ill forthwith order the same (or such part or parts thereof respectively as such Court or Judge shall think proper in that bel~nlf') to be thenceforward holden for that purpose, and to continue subject to such attachment aecordiq$y, or to be sold or otllcrwise disposed of, if such Court s h l l think fit, arid the proceeds (or in case of' dcbts then payable) the amount of such debts to be paid into the llands of some officer of tlic Court subject to such att:~chrnent as the said Court or Judge may order, and with respect to all and sinqular the lands, moneys, and other property debts, and other choses 111 fiction to wl~ich no such order as aforesaid shall be intended to apply, or as to which no snch order caz be made, it shall be lawful for the

+ 5 continue subject to it shall be ascertained by the Court what lands, moneys, or other

attwhment.

s a 3 Court or Judge, at an time to direct that tlie said attachme~lt

Proviso as to any	shall be dissolved: Yrovi 7? ed idways,	tlmt where more than oiic writ
vecond writ.

of attachment shall have issued against the same gmnisllee o x r s o n, or the same property shall have been attaclled at the suit of more than one plaintiff, i t shell be lawful for the said Court to award and determine bow much, and what parts of tlie propcrty so attaclied,

, or to what amount in value thereof shall be retained or holden

&L ,&/h&-- - -

under each of such writs, or'be paid into Court or disposed of (as the case may Be) for the s cpmte benefit of each plxiutiff; and as to

writs lodwed with the Sheriff -- on t l i e2me day, the plaintiff t1ielEiF

s h a i i ~ d to satisfaction pari pass~, but if any such writs

shall lime been so lodged with the Sheriff on diffemt .---- days, the

plaintiffs shall be entitled to satisfaction respectnwly, according to

the priority of each in such lodgment.

$to 9. Within fourteen da,ys next after any such writ of attachment shall have been issued as aforesaid, the plaintiff, at wllose suit the same shall have been issued, or, if absent,, ---- some person on his behalf, shall, before the Court or Judge enter into a bond, with two sufficient sureties, to be approvcd by such Court or Judge, acknowledging

L Lk&-&c	7	himself and then~selvea to be indebted to the defendant, against whom such attachment shall have so issued, in such sum as the Court or Judge shall think fit to order, cLdit iona~h, amongst other things, to repay all such suma as the plaintiff shall realize in the action,inc;si the i;d&nent therein shall be &ereafter vacated, reversed.
or altered, toget&er 'iwith all costs sustained by the defendant, which said bond and condition shall be in such form as the Judges of the

the said Court slmll prescribe; and, in case of any breach, or alleged breach, of such coadition, the defendant shall he at liberty to sue the parties to suclz bond thereon at any timc, and if such bond be not SO entcred into as aforesaid, the attachment shall be @so facto

dissolved.

10. That at nny time after such bond shall have bccn so entered Aftyjudxmc'i.4 plamtllf may lsvua

into, and after final judgment in favor of the plaintiff shall have j d r i f z e h r.

been obtained, it s l d l he lawful for liim to cause a writ or writs of fkri &ins upon such judgnent, to be from time to t h e issued,

as i any ordinary case, for the aaloutlt of the debts or d a n ~ a p,

and costs thereby recovered, and to causc to be taken in execution uncicr any such writ (as ag,ziwt :mv def'enct;uit whose property shall have beon so nttaclmd as aforesah), not only all or any part of their lands, goocls, moneys, and ot lm propcrtics so attached, and which shall then coiltinuc subject to such nttnchment as ;~forcsaid,

in whose lmnds soever the sauie slid1 tlleil be (and wl~atcver may

be the mture of such property, wlletlier ordinarily liable to be taken

in execution or not, mid although the same or part thereof may be of the natme of a chose in actiou), but also any otllcr real or pcmonal property of the dcfcadant, which the said plaintifmay

a +. L then he liable to jind, and to receive any such goods, moneys, or pro- c 2

. pcrty i l l sntisfi~ction or part satisfaction of such debts or clanlnges,

b and costs, at an amo~rnt to be fixed by the Sllcriff, or to cause a11

ii

such property (except as next nientioned), to be sold urlclcr s ~ c h

writ or writs, as in ordinary cases: Provided that, with respect

to nny such tlcht or chose in action as aforesaid, no sale or other dispo- fr.nd ant 11nrlt.r attach-	of debts duc to de-
sition thereof s l d l take place, csccpt by order ofthe Court, and upon	luollt.
the npplicatiou of the plaintifF, atid it shall be lawful for the said Court or a Judge, at any time, in :I summary w:tnner, to authorize an action for the a~noutit of my such debt, to he brought iil tlie name of the creditor, being mcli defendant as aforesaid, or to cause the tlcbtor to be sumnloiieci to attend such Court to show m l ~ y he sliould not forthwith pay the xinount of such debt to such plaintifif, and if 110

sufficient cause is shown, to O S ~ C ' ~ such paymelit accordingly, and

to enforce such order, together with all costs attending tltc same,

by an attaclment for conten~pt, as in other cases.

11. That if pending any such writ of foreign a t, t ache~r t as Provi~ionfordisrirl- aforesaid, or at any time before final judgment obtained in the ~~ft~forCig"D"Gc"- action in which such writ issued; the defendant against whom sucll

attacllrnent shall have issued, or ally person on his behalf, shall

before a Judge of the said Court enter into a bond, with two SUS-

* *

cient sureties, acknowledging hiinsclf and thcinselves to be indebted to the p1:~intiff in such smn as the Court shall think fit to order, conditioned to pay the plairltiff the nmoullt of such debt or damages,

and costss as 1143 shall a t any time thereafter, recover in such ac t io~~,

t11en it shall be lawful for such defendant or person entering into the said bond, to plead and to defend such action, and upon giving notice thereof to tbe said plaintiff, to apply to the said Court by motion, as of course, that the said attachment may be dissolved, aud

1 3 the

the mnc shall be dissolved accordingly, and the action shall there-

upon proceed to trial and judgment in the ordinary manner.

Provision enabling

absent defendant to 12. That if after any final judgment obtained as aforesaid, an defendant had, at the time of the obtaining of the said judgment, and still linth, a substantial ground of defence (either wholly or in part) to the plaintiff's action on the merits, and such affidavit (sworn as next hereinafter rncntioned) shall, at any time before tlw expiration of tliree years next after such judgmeut, be filed in the said Court, then, upon motion thereupon for that purpose made to the said Court on behalf of the said defendant, and after due notice thereof given to tile said plaintiff (and securitj being entered into for the payment of all costs by him, at any time thereby sustain~d), it shall

m md defend, affidavit shall be made bymdefendant, against whom such process

notwithf~tmding judg- or folveign a-r 18 l have --C---- issued as aforesaid, that such

be I awf~~ l for tlle said Court to cause the merits so alleged as aforc-

said, to be enquircd into mid deten~~inecl, in such nianacr and form, eitlrer by a feigned issue betwcen the parties or otherwise, a id a t such time mid under such tcrms and contlitious for tllc 1)urpose of securing the substantid erds of' justice, as to the said Court or Judge shall seem meet; and the said Court or Judge, after such inquiry and determination had, sllall thereupon give such judgment in the matter for the reversal of the judgment i n tlm original action, either in the whole or iii part; or shall, (11. lawfully UIRY from time to tirnc, make such orders in the premises between the gartics,as thcjus- tice of the case shall appear to require; and every such judf;meut and order nixy at any tirne (if the party s~wceeding shall t lmk f i t ) be suggested upon or added to the record of the original action, in which such final judgment shall have been so obtained as aforesaid; and every such affidavit, if made within tlle said Province, s l d l be sworn before lz Judge or some officer of the Court, or person autho- rized to take affidnvits to bc used ill tlic said Court.

*h&+- PPOPCI~Y inpobaession 13. That the property of any such absegt, defendant as aforesaid, custody and power of the dckndant's wife, or crf ally CO-defendant,

L*	of any CO-dcfendaut's
vife. may, under tlia provisions of this Act, he attached and taken in the

and that no process of foreign-t against any sueh absent

dcfcndant, nor any lien intcndcd tu bo tl~crcby created upon tlie lands, moneys, securities, debts, and chattles, or other property of such defendant, thereby attached, shall be defeated by reason of

* ' such CO-defendant or any other garnishee as aforesaid being, or claiming to be, joint2 interested F . Y-- ip sueh &end ierein, either

,$ '*v as partner or o th=ise~ a%d m all wses it s h e sufficient for

P , the puqoscs of this Act to attach property in the hands of the

&J	''C"-	person or persons having the actual care, custody, or control thereof	-
for thc time being.	-

Provision bcasc of	14. That in all cases where two or more defendants shallbe sued as CO-partners,
C.-.	absentdefelTtlantssued

and as to any one of such defendants there shall

as CO-part~en.

&l L "ll be an affidavit of personal service, then, if a t any time aftet"

Q.. h filing of melr affidavit an affidavit shall be filed that to the beet

4R-f~ of

of the deponent's knowledge artd belief thnt one or more of the defendants served did, in fact, when the cause of action accrued, carry on business in the said Province as a CO-partner jointly with any other defendant or defendants, and that sirch last-mentioned defen-

I. 8- % s32-J

dant or defendants is or are absent from the Province, it shall be lawful for the plaintiff, at his option, to proceed against every such absent dcfendant in the manner next hereinafter mentioned, that .- is to say, upon the filiug of' such aHidavit, or as soon after as con- veniently may be, the plaintiff shall cause a notice to every such defendant, signed by himself or attorney, to be published three times in the South dzcstrcdian Government Gazette, aud, in three successivc wceks, in at least one daily and one weekly newspaper published in the City of Adeliiide iu such form as the CJourt sllall fbr that pwposc direct, requiring every such defemht to q y a r; and if on the day nanied in such uotice (such day not

being less tlrm ten days nest after t l~c publicatiou of tlic same in

the said Grlzerte), srzch defei~dallt shall uot nppear, tlre p1;~iutiff

luny procccd a e l ~ e or t h y resided in the said Province, and had

a p p r e d to the actiou in person.	4
p**, . 1

16. The like proccediags may be had whme two or more Jde- Similar proriyioAl r i* -

wlwre defmdnnts iJrl_

fendants shall be sued, although not as co-prtners, upon an snarl cu- e ( +, Q;

dn

affidavit by or on behalf of the plaintiff', that the cause of actiolr wr tner~. #:S L",

agtliust all the cleikildauts accructl within the l'rovince, and that	*g	r....-- 4
my one '5 more of soch de fhdmt or defendants is, or are absent fioul the Province: Provided that ixl addition to the l~ublication of such

v~otice	RS aforesaid, the plaiutiff s l d give security by bond to such	,a	.; d ~	;3
-

an amount ancl in such form 3s the Court or a Judge sl~all order,

conditiorlccl to repay all such sums ss Ire shall recover in the action

avirinst any such &K& defendant, together with all costs sustained

A a * - d

by such defendant in the premises, in cast? the judgment therein

against llilu sh:dl afterwards be vltcatccl, reverwd, or altered, aud

every such defitndnut shall have the like mntedy aid the same pro-

cecdings may be taken in lris behalf' for procuring the reversal of'

hereinbefore provided with respect to defe~dmts against whose pro-

such judgment, so far as tllc same nlFects such defendant as art:

perty thcre shall have issued as aforesaid any writ of foreigu attach-

ment.

16. And whereas, in some cases, business is carried on in the CO-partnwship, all

said Province, by persons in CO-partnership or by one individual ~ ~ ~ , " ~ ~ ~ ~ ~ ~ p r s

or more, assuming the style of a CO-partnership, or acting as agent,

el- '7

or agents, for a CO-psrtuership, aud, in some of tl1os-t: cases, the *4a	-
names of the actual &embers of such co-partuership, or of some of them, are, or may be, unkuown, and, in order to prevent any failure of justice in such cases: Be it Enacted, that every such co- partnership, and the several members thereof, or the person or persons, having carried on business under thc style of any such CO-partnership, ma,y be sued in anybactiun-at-law, in tlte name, or

names ofao_n_exr" %?Le of the members of such CO-pam1er;uhip,

00 behalf of all the members comprising the same, or in the nzzwe or

names

names of any such agent or agents, for, and in behalf', of such co- partnership, so as that in all cases wherein it would have been necessary, if this Act had not been passed, to mention the names of all the members comprising any such CO-partnership, it shall be sufficient to mention the name or names of such one or more member or members, or of such agent or agents, in behalf of such CO-partner~hip; and every judgment obtained in any such action shall have the same eff'ect and operation upon the property, both real and personal, of such CO-partnership, and also upon the property and persom of the se~era l members thereof, when dis- covered, whether such property be joint or separate, as if every member of such co-partnership had been actually, and in fact, a defendant in the action.

P~OGO. 17. That in every writ of summons issued, and decla-

W e orfinn of CO-

partnership shall be	ration or other pleading filed on behalf of the plaintiff, in any action
p&&d in writ, tc.	brought under the provisions of the preceeding section, the style
or firm of the said CO-partnership shall be specified, and it shall distinctly appear that h e defendant sued isAso sued &her as a member, or as an agent for, or ia behalf of a CO-partnership: Provided always, that no agent, sued on behalf of a CO-partnership,
shall, by reason only of his being so sued, be liable in person or
in property to any judgmel~t obtained in such action.

Where several me	18. After the passing of this Act, in all cases where two or more
sued as joint con-

tractors, the verdict Persons shall be sued as joint contractors, the plaintiff sllall be

may be	avma	entitled to a judgment (or to a verdict or judgment, as the case may
of them only.	be) against such of the defendants as shall appear to be liable,
although one or more of the persons made a defendant or defendants shall appear not to be liable: Provided that in every such case, the defendant or defendants not liable shall have judgment and be entitled to costs against the plaintiff, and to the like remedy for the same as a defendant hath in any ordinary case.
Attachment and

execution may be 19. That every writ of attachment upon which any order shall

pleaded in bar.	have been made as aforesaid, when the same shall have been fo~aw.ed
by execution levied, may be p l ~ i n ~ y ~ e r s o n or persons
in whose hands any lands, goods, debts, or effects as afbresaid, shall
be attached to any action brought by, or on behalf of the defendant for the recovery of such property; and if any such action shall be brought pending the attachment, the same shall be stayed by order of the Court, or a Judge thereof, until the attachment shall be dissolved or the proceedings thereupon be otherwise determined, and in such plea it shall only be necessary to state shortly that such writ of attachment was issued, and set out the substance of the order finally made thereupon, and then to allege that the property sought to be recovered was taken under a writ of execution iasued after such order.
Act t o extend only to

casa of contract. 20, That nothing in this Actxontained shall extend to any action

of tresnass, or other action in tort (&over or detinue excepted), but

tc+ actions on or arising out of contract only.

21. That

21. Tllnt this Act shall not be deemed or taken to apply to any Act not hnplily for

action, to be brought apinst any person who shall have left the d o h a v e leftthe six months to prtics

Province previously to the passiilg of this Act, until six months ~ ~; ~ ~; $ ~ ~

after the date hereof. A C ~.

22. A bsenc~ from the said Province shall, for the purposes of this The term abnmce. ?-

Act, be= to mean absence for the time b e i s, whether the party --". --

shall ever have been within the said ProvGce or not.

23. It shall be lawful for the Judges of the Supreme Court, for ~ h, collrt may rnako

the more satisfactory deterrnin~tion of any question of fit& arising rules and direct and award trials bcfora m&,

under this Act, to direct the trial of any feigned issue or issues by a jury.

n jury; and for that purpose to make all necessary orders as to the

form thereof, and wlio shall be parties therein, and otherwise, and

in all cases in which no provision, or no sufficient provision, is by

this Act made, it shall be lawful for the Judges of the said Court,

from time to time, for the purpose of facilitating, or more effec-

tually carrying into execution any of the objects of this Act

(either upon any appliclication in a surnrnary way made for that pur-

pose by or on behalf of any person interested in any mauuer by

this Act intended to be provided for, or without any such appli-

cation), to make and prescribe all such rules and orders, either

general, or applicable to any particular case, only touching any of

the matters intended to have been hereby provided for, and touch-

ing also, the manner of proceeding before, or applying to the

Court or Judge; aud also the execution of writs and orders, and the

allowance and taxation of costs uilder this Act, as to the said Judges

shall seem expedient; and such rules and orders from time to time

to revoke or alter, as to thc said Judgys shall appcar requisite, and all J

rules and ordrw so made and prescribed, shall be of the same force S	and effect as if they hacl been inserted in this Act; and the said	6
Court or Judge shall, in all cases whatsocver of applications made to, or proceedings had, or taken before, or by authority of the said Court or Judge, or otherwise, under this Act, have full power
to adjourn the case or proceedings, fiom time to time, and in all	cases to refuse or award costs, the same to be pdd by and to such

party or parties as the Court sl~all in each case think fit to order.

24. This Act may be amended or repealed by any Act to be Act maybe nmcndcd.

passed during the present Session.

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A ~ L A I U E : Printed by authority by W. c. Cox, Government Printer, Victoria-square.