ORDINANCE No. 15 of 1844,
Supreme Court.
defendants shall have double costs, and shall have such remedy for recovering the same as any defendant or defendants may have for his, her, or their costs in any case by law.
120. And be it further enacted and ordained, that no person whatever shall be permitted to appear and act in any such summary proceeding for or on behalf of any plaintiff or defendant therein, unless it shall be first proved to the satisfaction of the Chief Justice of the Court that such plaintiff or defendant is prevented by some unavoidable necessity, or some good and sufficient cause, from attending such Court in person.
121. And be it further enacted and ordained, that the provisions hereinbefore made with respect to the non-attendance of witnesses pursuant to their subpoenas, and to persons guilty of a contempt of the Court, shall apply to and be in force as to all matters and proceedings under the summary jurisdiction of the said Court.
122. And be it further enacted and ordained, that the provisions herein before made with respect to persons guilty of wilful and corrupt perjury shall apply to and be in force as to all matters and proceedings under the summary jurisdiction of the said Court.
*123. And be it further enacted and ordained, that in each and every case within the summary jurisdiction of the Court where the Chief Justice thereof shall have made any order or decree for the payment of money, it shall and may be lawful for the said Chief Justice, at the prayer of the party so prosecuting such order or decree, to issue a precept signed by the said Chief Justice, in the nature of a writ of fieri facias, or capias ad satisfaciendum, which precept shall be directed to one or more bailiff or bailiffs of the said Court who is and are hereby authorized and empowered to levy the amount thereof of the goods chattels and effects of the defendant, or to arrest the defendant, as the case may be: Provided, that it shall be lawful for the said Chief Justice and he is hereby empowered and authorized, when thereto required by the plaintiff in any suit or proceeding wherein such precept or writ may be issued, to appoint one or more special bailiff or bailiffs, to be named by the said plaintiff, to execute such precept or writ upon receiving from such plaintiff full and sufficient security against any improper use or abuse of such precept or writ.
124. And be it further enacted and ordained, that all such orders and decrees shall and may be carried into execution in any district or place whatsoever within the said Colony where the defendant, his goods, chattels, or effects may be found or be met with: Provided, that all executions and processes against the goods, chattels, and effects of the defendant shall be executed between sunrise and sunset, in like manner as is hereinbefore provided with respect to such executions; and that any officer or person executing the same at any other time shall be liable to the same fine as is hereinbefore also provided in such cases.
125. And be it further enacted and ordained, that for the purpose of preventing any disputes as to the mode of executing the said last mentioned writ or precept, the same shall be executed in the following manner; that is to say, that the bailiff or bailiffs be directed, in the first instance, to levy on the goods, chattels, and effects of the defendant,
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Plaintiffs and defendants to attend personally unless unavoidably prevented.
Witnesses not attending, and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the writ of execution.