HOT
Power to regulate
Court, and to make
shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred Dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as Administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such Treasurer, he shall apply by Petition to the Court, or to the Chief Justice at Chambers, for an order for the payment thereof, stating in such Petition the purpose for which such money is required, and such Treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order.
XXIII. And be it further enacted and ordained, That it Sittings of the shall be lawful for the said Supreme Court to make and rules and orders. prescribe such rules and orders, touching the times and place of Iolling the Court, form of process, pleadings, and other business and proceedings of the said Court, and of the fees payable therein, as to the said Court shall seem fit, and such rules and orders from time to time to alter, amend, or revoke, as occasion may require.
Arrest allowed
in case of debtors
the Colony.
!
XXIV. And be it further enacted and ordained, That if any being about to leave person shall have a claim or ground of action, of whatever nature, against any other person who shall be about to leave the said Colony, and to proceed to parts beyond the juris- diction of the said Supreme Court, or who may reasonably be suspected of an intention so to do, either for the purpose of avoiding process in such action, or otherwise, whereby, the recovery of any debt or damages may be delayed, and the party having such claim or ground of action as aforesaid, or some person on his behalf, shall produce to the said Chief Justice an affidavit of such his right of action, and of the inten- tion of such other party to leave the said Colony, and to proceed to parts beyond the jurisdiction of the said Court, and shall also state in such affidavit the grounds upon which he believes that the other party is about to leave the said Colony as aforesaid, in such case it shall be lawful for the said Chief Justice, if he shall think fit, to order a writ of Capias ad respondendum, (in the form given in the Schedule hereunto annexed, marked No. 1,) to be issued to take and arrest the body of such other party so about to leave the said Colony; in which said
writ
writ the amount of the debt or damages demanded, or the value of the property sought to be recovered, shall be truly specified, and the costs and charges of issuing the said writ shall be indorsed thereon by the Registrar of the said Court; and of which said writ the Sheriff, or his lawful Deputy, shall, upon any arrest to be made by virtue thereof, give to the Defendant a true copy: Provided always, that if upon any such arrest the Defendant shall give to the Sheriff reasonable security by Bond or obligation of the said Defendant, and of one or more other person or persons having sufficient pro- perty within the said Colony, as surety or sureties, that the Defendant shall appear according to the exigency of the said writ, and shall also stand to, abide, and perform the judgment of the said Court thereon, or render himself to the prison of the said Court in execution for the same, and that the said Defendant shall not, from and after the date of such Bond or obligation, remove or withdraw any of his property from and out of the jurisdiction of the said Court, so as to evade the judgment thereof, if the same shall be for the Plaintiff which said Bond or obligation shall, as near as may be, be in the form given in the Schedule hereunto annexed marked No. 2.); or if the Defendant shall pay to the Sheriff or his Deputy a sufficient sum of money to cover the amount of the debt or damages mentioned in the writ, together with the cost and charges indorsed thereon, and a further sum of Five Dollars for the charges of making the arrest, or shall deliver to the said Sheriff or his Deputy the property specified in the said writ, or the value thereof, either as a deposit, or security in lieu of giving a bail-bond, or in satisfaction of the suit or action, then the said Sheriff shall permit the said Defendant to go at large, and free of the said arrest as to such suit or action.
Bail-bond.
XXV. And be it further enacted and ordained, That if Malicious arrest. upon the Trial of any suit or action in which the Defendant shall have been so arrested or held to bail as aforesaid, it shall appear to the said Supreme Court that the arrest of the Defendant was vexatious and malicious, and without any reasonable or probable cause, and that the order for such arrest was obtained upon a wilful misrepresentation of the facts of the case, it shall be lawful for the Chief Justice of the said Court in his discretion to order and adjudge the Plaintiff in such suit or action to pay to the Defendant the costs of such arrests or holding to bail, together with such further sum of money as to the said Chief Justice shall seem fit, as a reasonable compensation to the said Defendant for having been so arrested or held to bail; and in default of payment of any sum of money so ordered to be paid as aforesaid, it shall be lawful for the said Chief Justice, and he is hereby authorized, to commit the said Plaintiff to the prison of the C
said
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