510
The Sheriff.
Imprisonment by process of Court not to exceed six months.
Liability of after acquired effects.
Expenses of debtors' maintenance in prison to be paid by execution creditor.
Execution not to prejudice landlords.
Court may order money to be paid by instalments.
ORDINANCE No. 7 OF 1862.
Court of Summary Jurisdiction.
whereon to levy, the said bailiff or bailiffs shall enforce the order or decree of the Court by the personal arrest and imprisonment of the defendant as hereinafter is mentioned.
24. If any claim shall be made to or in respect of any goods or chattels taken in execution under the process of the Court, or in respect of the proceeds or value thereof by any landlord for rent or by any person not being the party against whom such process has issued, it shall be lawful for the clerk of the Court, upon application of the officer charged with the execution of such process, as well before as after any action brought against such officer, to issue a summons calling before the said Court as well the party issuing such process as the party making such claim, and thereupon, the Judge of the said Court shall adjudicate upon such claim and make such order between the parties in respect thereof, and of the costs of the proceedings, as to him shall seem fit, and such order shall be enforced in like manner as any order made in any action in the same Court.
25. Every defendant who shall be arrested and taken in execution under the process of the said Court, shall be imprisoned for a space of time not exceeding six calendar months, unless, before the expiration thereof, the order or decree of the said Court shall have been satisfied: Provided that in case any defendant shall be discharged from prison without having paid the debt and costs for which he had been imprisoned, it shall be lawful for the complainant, at any time within three years after such order or decree, to take out fresh execution against any estate or effects which such defendant may have become possessed of or entitled to, until such order or decree shall be fully satisfied.
26. Whenever any defendant shall be taken in execution under any process under this Ordinance, the complainant at whose suit he shall have been taken in execution shall pay the expenses of the necessary and proper maintenance of the defendant in prison not exceeding the sum of twenty-five cents per diem, and the amount of such expenses shall be a debt to the Crown, and shall be suable for and recoverable by the Governor of the Gaol for the time being.
27. No execution awarded against the goods of any party shall extend to or be construed to extend to deprive any landlord of the power vested in such landlord by an Act passed in the eighth year of the reign of Her Majesty Queen Anne, intituled "An Act for the better Security of Rents and to prevent Frauds committed by Tenants," of recovering one year's rent by virtue of and in pursuance of the said Act.
28. It shall be lawful for the said Judge of the Court of Summary Jurisdiction whenever it shall appear to him that the levy of the full amount of any order or decree of the same Court at one time may be attended with great distress to the defendant, and that such distress may be avoided or lessened by enlarging the time for satisfying such order or decree, to order and direct the amount thereof, together with the costs, and charges, to be paid by instalments, at such stated times, and in such proportional amounts, as shall be expressed in such order, and as shall be reasonable and just: