3.378 
     
    
   
   
    
     ROYAL GAZETTE. 
     
    
   
   
    
     . _,__-__,i .. I..__, -,  
     
    
   
   
    
       
     
    
   
   
    
     p. 0.“ , --.- - . . _-... -Hi,_ -,, , '_ 1 
     
    
   
   
    
     time, to order such documents as they may 
     
     think fit to be produced, and such witnesses as 
     
     they may think necessary to appear and be 
     
     examined, viva race, before such Court or 
     
     Judge, and upon hearing such evidence to 
     
     make suckrule or order as they may deem just. 
     
    
   
   
    
     XI. In all actions of ejectment in the 
     
     Supreme Court, where the plaintiff, or lesser 
     
     of the plaintiff, has a verdict pass against him, 
     
     or becomes nonsuit or nonprossed, or otherwise, 
     
     the action goes against him, or in case the 
     
     action be discontinued, then, and, in such case, 
     
     execution by Fieri Facias, or otherwise, may 
     
     be issued out of the said Court against the 
     
     lesser of the plaintiff, his lands, goods, chat- 
     
     tels and person, for the recovery of the de- 
     
     fendant’s costs, as in other suits which do not 
     
     relate to land. 
     
    
   
   
    
     XII. In case any defendant, being a British 
     
     subject, is residing out of this Island, it “shall 
     
     be lawful for the plaintiff to issue a writ of 
     
     summons, in the form contained in schedule (A) 
     
     to this Act annexed, containing the declara- 
     
     tion, according to the practice new adoped in 
     
     summary causes, and which writ shall bear the 
     
     endorsement contained in the said form, pur- 
     
     porting that such writ is for service out of this 
     
     Island, and the time for appearing and pleading 
     
     by the defendant to such writ, shall be regu- 
     
     lated by the distance from this Island of the 
     
     place where the defendant is residing, and it 
     
     shall be lawful for the Court or Judge, upon 
     
     being satisfied by affidavit that there is 
     
     cause of action, which arose within this Island, 
     
     or in respect of a breach of a contract made 
     
     within the Island, in whole or in part, or 
     
     intended to be executed in whole or in part, 
     
     within this Island, or in respect of a contract 
     
     made and entered into between parties, one of 
     
     whom, at the time of making such contract 
     
     shall reside within this Island, and that the 
     
     writ was personally served upon the defendant, 
     
     or that reasonable efforts were made to effect 
     
     personal service thereof upon the defendant, 
     
     and that it came to his knowledge, and cit-her 
     
     that the defendant wilfully neglects to appear 
     
     and plead to such writ, or that he is living out 
     
     of the Island, in order to defeat or delay his 
     
     creditors, to direct, from time to time, that the 
     
     plaintiff shall be at liberty to proceed in the 
     
     action, in such manner and subject to such 
     
    
   
   
    
       
     
    
   
   
    
     conditions as to such Court or Judge may seem 
     
     fit, having regard to the time allowed for the 
     
     defendant to appear and plead being reasonable, 
     
     and to the other circumstances of the case; 
     
     provided always that the plaintiff shall, and he 
     
     is hereby required to prove the amount of the 
     
     debt or damage, claimed by him in such 
     
     action, either before a jury, upon a writ of 
     
     inquiry, or before a Judge ; and the making 
     
     such proof shall be a condition precedent to his 
     
     obtaining judgment. 
     
    
   
   
    
     XIII. In any action against a person 
     
     residing out of this Island, and not being a 
     
     British subject, the like proceedings may be 
     
     taken as against a British subject resident out 
     
     of this Island, save that in lieu of the form of 
     
     the writ of summons in the schedule (A) to this 
     
     Act annexed, the plaintiff shall issue a writ of 
     
     summons according to the form contained in 
     
     the schedule (B) hereto annexed, and shall, in 
     
     manner aforesaid, serve a notice of such last 
     
     mentioned writ upon the defendant therein 
     
     mentioned, which notice shall be in the form 
     
     contained in the said schedule (B), and such 
     
     service shall be of the same force and effect as 
     
     the service of the writ of summons in any 
     
     action against a British subject resident abroad, 
     
     and by leave of the Court or a Judge, upon their 
     
     or his being satisfied by affidavit as aforesaid, 
     
     the like proceedings may be had and taken 
     
     thereupon. 
     
    
   
   
    
     XIV. Any affidavit of service of writ or 
     
     notice, or any other affidavit, for the purpose 
     
     of enabling the Court or a Judge to direct 
     
     proceedings to be taken against defendants out 
     
     of the Island, maybe sworn before any Judge 
     
     of a Court of Record or Justice of the Peace, 
     
     in any of Her Majesty’s dominions, or before 
     
     any Consul General or Consul, vice Consul or 
     
     Consular Agent, appointed by Her Majesty at 
     
     any foreign port or place, whose official 
     
     character and signature shall be certified under 
     
     the hand and seal of a notary public ; provided 
     
     always, that if any person shall, within this 
     
     Island, use or tender in evidence any such 
     
     affidavit with a false or counterfeit signature 
     
     thereto, knowing such signature to be false or 
     
     counterfeit, he shall be guilty of felbny, and 
     
     shall, upon conviction, be liable to be im- 
     
     prisoned for a term not exceeding three years, 
     
     nor less than one year, with hard labour.