in certain cases.

Courts, except Sum for Rent due upon any Lease or Demise, or Agreement for a Lease or Demise, of any Lands, Houses, Tenements or Hereditaments in this Island, whereof the Area shall exceed One Acre of Land-whether in writing or by parol, or for Rent due as between Landlord and Tenant in respect of the Occupation of any such Lands, Houses, Tenements or Hereditamentsshall be commenced in any Court to be constituted under this Act, unless the Sum or Amount demanded cannot in any way be made the subject of a Distress, or is recoverable thereby, or unless, at the time of the commencement of such Action, or at some time within Seven days previous thereto, there shall not be or have been upon the Premises in respect to which the Rent or Sum is claimed or has accrued due sufficient Distress to countervail the Rent or Sum so claimed; or if more than half a Year's Rent be claimed, a sufficient Distress to countervail half a Year's arrears of the Rent or Sum so claimed ; nor unless the Person or Persons desiring to Sue out a Summons for such Rent or Sum claimed, or his or their Agent, shall, previously thereto, make and subscribe an Affidavit, in the form prescribed in the Schedule to this Act annexed, marked (A), in the presence of and before the Clerk of the Court out of which the Summons may issue, in addition to any other Affidavit which may be otherwise required by this Act; and it shall be incumbent upon the Plaintiff or Plaintiffs in any such last mentioned Suits, upon the Trial thereof, to give Evidence of the Truth and Correctness of such Affidavit; Plaintiff to be and if it shall appear that the material averNon-suited, &c. ments contained therein are incorrect or untrue, it shall be lawful for the Court before whom the same shall be heard, and it is hereby required, to give Judgment of Nonsuit against the Plaintiff

Affidavit to be

Laken by Per

sons suing for

Rent.

Evidence required of the truth of such Affidavit.

If found incor

rect or untrue,

or Plaintiffs, with payment of the Defendant's Costs, sustained by reason thereof.

commenced.

ceeding.

of Summons.

IX. In all Actions brought before any Court as aforesaid, the Proceedings shall commence Actions, how (except as hereinafter mentioned) by Summons, according to the form, in the Schedule to this Act annexed, marked (B), in which shall be stated, separately, the original Debt, as the immediate Cause of Action, and the amount of Interest (if any) sought to be recovered therewith, under the Hand and Seal of the Clerkwhich Summons shall be served by any Consta- Form of proble or Bailiff of the Court out of which it issues, appointed as hereinafter mentioned, Eight days before the day named for Trial (exclusive of the day of Service); and such Service shall be by Mode of Service delivering the same to the Defendant in person, or, in case he cannot be found, then to the Wife, Child or other Person belonging to him, at his known place of abode (provided such Child or other Person be Sixteen Years old or upwards), and at the time of delivering the said Summons shall inform him or her to whom it shall be delivered of the meaning or purport thereof; and if the Defendant be an Inmate or Lodger, and cannot be found, or shall endeavour to evade Service, the service of the Summons shall be valid by delivering it to any Person of discretion as aforesaid, at the house or place where the Defendant lodges or resides, and at the same time telling him or her the meaning or purport thereof.

Witnesses, how

X. If any Person residing in this Island shall be served with a Subpoena, in the form in the Attendance of Schedule to this Act annexed, marked (C), secured. under the Hand and Seal of the Clerk of any Court constituted under the authority and by virtue of this Act, requiring him, at a certain

Neglect or refupoena, how pun

sal to obey Sub

ished.

time therein mentioned, to give Evidence between the Parties in any Suit in any of the said Courts, and at the same time shall have his Mileage tendered to him, and shall thereafter neglect or refuse to appear, as in such Subpoena required; and due Proof having been made of the Service thereof, and of such tender of Mileage, and no cause of absence having been shown to the satisfaction of the Court, and Oath having been made before it, by the Party at whose instance the said Subpoena issued, that the Person served therewith was a material Witness in the Suit; and it being also proved, to the satisfaction of the Court, that Damage had been sustained from the non-attendance of such Witness, then it shall and may be lawful for the said Court to give Judgment against such Person so neglecting or refusing to attend as aforesaid, for the amount of damages so sustained, not exceeding Twenty Pounds, together with Execution to is- Costs, and to order Execution against the said Offender, as in other cases after Judgment, as hereinafter directed-which Damages, when recovered, shall be paid over to the Party aggrieved by the said neglect or refusal.

Judgment to be given against Offender.

Bue, &o.

Damages to be

paid to the par

iy aggrieved.

Parties, Plain tiff or Defend

ant, may be ex amined on Oath

or solemn Affirmation

XI. For the better discovery of the Truth, and for the more solemn determination of all matters and causes pending in any Court constituted under this Act, on the Hearing or Trial of any Action, or on any other Proceeding under this Act in any such Court, the Parties thereto, and all other Persons, may be examined either by or on behalf of the Plaintiff, or by or on behalf of the Defendant, upon Oath, or solemn Affirmation, in those Cases in which Persons are by Law allowed to make Affirmation, instead of taking an Oath, to be administered by the Court or by the proper Officer thereof.

Falso evidence,

XII. Any Person who, in any Examination upon Oath or solemn Affirmation, before any how punished." Court to be constituted under this Act, shall wilfully and corruptly give false Evidence, shall be deemed guilty of Perjury.

XIII. If any Court constituted under this Act shall, for the better Administration of Justice, deem it proper to defer the hearing of any Cause, it is hereby authorised so to defer the same to such other day as may be appointed by the said Court.

Hearing of

Cause may be

deferred to such day as Court

may appoint.

Clerk of Court may receive

Debt, &c.

XIV. After the issuing of any Summons, the Clerk issuing the same shall have full power and authority to receive or take from the De- Confession of fendant a Confession of the Debt or Demand for which he may have been sued-which said Confession, entered in Writing and signed by the Clerk, shall be conclusive against the said Defendant, and be made a Judgment of the Court,-in which case, it shall be the duty of Notice to be the Defendant in such Suit to give Notice thereof forthwith to the Plaintiff.

XV. If any Defendant, duly summoned as aforesaid, do not appear before the Court at the time and place required by the said Summons, without some just cause, to be allowed by the said Court; and if the Plaintiff shall duly appear, then it shall and may be lawful for the said Court, after Proof of the due service of the said Summons, upon Oath of the Constable who shall have served the same, to hear the Cause on the part of the Plaintiff only, and to make such Order or Judgment, together with Costs, as to it shall seem most agreeable to Law, Equity and good conscience, as if the Defendant had duly appeared.

given to Plain

tif.

Plaintiff not appearing, &c., or

becoming Non

suit, Court

may

award Costs, &c.

to Defendant and his Witnesses.

XVI. If, upon the day of the return of the Summons, the Plaintiff shall not appear without some just cause, to be allowed by the Court, or, upon appearing, shall not make Proof of his Demand to the satisfaction of the Court, but shall become Nonsuit, it shall and may be lawful for the said Court to award to the Defendant and his Witnesses, Hosts and Travelling Expenses, as allowed by this Act, and to issue Mode of recov Execution against the Plaintiff for the Recovery of the same, in the manner hereinafter prescribed: Provided nevertheless, that in all cases of adjourned Hearings, when Judgment shall be ultimately given against the Plaintiff, the Defendant shall be entitled to receive the same Costs for Travelling, and for each Attendance, if more than one, as are by this Act allowed to Witnesses.

ery thereof.

Defendant en

titled to Travel

ling Fees, &c., journed Hear ings, when judg given against

in cases of ad

ment shall be

Plaintiff.

-bow paid.

XVII. It shall be lawful for the said Courts Witnesses' costs to order and direct that the Costs and Charges of Witnesses shall be paid by either Party, or apportioned as they in their discretion shall deem just and equitable.

to pay the same

XVIII. If, on the hearing of any Suit beCourt may ap- fore any Court as aforesaid, it shall be proved portion Costs,or order Plaintiff that the Defendant had never, before the issuin certain esses. ing of the Summons, been furnished with an Account of the Plaintiff's demand, and that the said Account had been by the Defendant demanded of the Plaintiff at his place of residence, but that the Action was vexatiously brought, then it shall and may be lawful for the said Court, in its discretion, to apportion the Costs as it shall see fit, or to order the Plaintiff to pay the whole of the said Costs, or any part thereof, and to give Judgment only for such Sum as is sufficiently proved to be due on either side.