This legislation has been repealed.
Where a matter is
brought in the Court or in a court of summary jurisdiction over which the
Court has no jurisdiction, the Judge or Magistrate shall order the matter to
be struck out, and the Court or court of summary jurisdiction has power to
award costs to the same extent, and recoverable in the same manner, as if the
Court had jurisdiction therein and the person bringing the matter had not
appeared in the Court or the court of summary jurisdiction or had so appeared
and failed to establish his case.