198

Plaintiff not to divide
cause of action.

Power to summon
witnesses in civil
cases.

Process to be served
by bailiff if one ap-
pointed.

Witnesses entitled to
expenses.

Limitation of powers
under Resident Ma-
gistrates' Ordinance.

3. It shall not be lawful for any plaintiff to divide any cause of
   action for the purpose of bringing two or more actions in any Resi-
   dent Magistrate's Court.

4. It shall be lawful for every Resident Magistrate or Justice
   of the Peace to issue a summons to any person to appear and give
   evidence before him in any civil action then pending, and every per-
   son who shall neglect or refuse to appear as aforesaid, or who shall
   refuse to give evidence, shall be liable to a penalty not exceeding
   ten pounds, or in default of payment to be imprisoned for a term
   not exceeding fourteen days.

5. In all cases where a bailiff shall have been appointed for
   any Resident Magistrate's Court, all process from the said Court
   shall be served by the bailiff or his assistants, when the person upon
   whom the process is to be served shall reside within ten miles in
   a straight line from the place where the said Court
   is usually held, and the said bailiff or his assistants shall
   be entitled to receive the fees specified in Schedule A to this Act
   annexed, which fees shall be accounted for to the Clerk of the said
   Court, who shall pay over the same in like manner as other fees re-
   ceived by such Clerk. Provided always that all such fees shall be
   prepaid. Provided further that it shall be lawful for the said Re-
   sident Magistrate to refund to the said bailiff or his assistants, out
   of the fees which shall be received in respect of Schedule A to this
   Act annexed, any amount actually expended by him or them in
   serving such process as aforesaid.

6. Every person who shall be summoned, and who shall ap-
   pear as a witness, shall be entitled to an allowance or compensation
   for expenses and loss of time, according to the scale contained in
   Schedule B to this Act annexed. And in any case of nonsuit any
   Resident Magistrate or, any two Justices of the Peace, shall have
   power to award to the defendant such costs as to him or them shall
   seem reasonable, and the amount so awarded may be recovered in
   the same manner as if judgment had been given for the said
   amount.

7. And whereas it is now lawful, under and by virtue of an Or-
   dinance intituled the "Resident Magistrates Ordinance," Session 7,
   No. 16, forany Resident Magistrate or any two or more Justices of
   the Peace to hear and determine in a summary way any claim or
   demand whatsoever of a civil nature, in which neither of the parties
   are of the Native race, and where the debt or damage shall not
   exceed twenty pounds. And whereas it is expedient that such juris-
   diction should be restricted, Be it further enacted as follows:
   It shall not be lawful for any Resident Magistrate nor Justices of
   the Peace to take cognizance of any such claim or demand in which
   the validity of any devise, bequest, or limitation under any will or set-
   tlement may be disputed, or for any malicious prosecution, or for any
   libel or slander, or when any title to land is in dispute, or of any ac-
   tion for criminal conversation, or for seduction or breach of
   promise of marriage.