1
1
i
Judgments, &c.,
made between sun- rise and sunset.
costs awarded by the said Court to any party, until the same shall have been taxed by the Registrar of the said Court; and for that purpose, the Plaintiff or Defendant, or Attorney of the party obtaining any appointment for taxation from the Registrar, shall give due notice to the opposite party of such appointment, in order that he may be present thereat: and the Registrar shall, in his taxation and allowances, pursue such instructions as shall from time to time be given to him by the Court for that purpose; and either party, feeling aggrieved by his decision, may apply to the Court on motion, specifying the items, charges, or allowances objected to, that the said Registrar may review his taxation.
XXXII. It is further ordered, That the judgments, decrees, may be executed and orders of the said Chief Justice, shall be carried into any where within the Colony.
execution in any district or place whatsoever within the said Colony and its Dependencies, where the Defendant, his Levy on defend goods or chattels, may be found or be met with: Provided, ant's goods to be that no writ of execution against the goods, chattels, and effects of the Defendant, shall be executed at any time after sunset, nor before sunrise; and if any officer or person shall execute any such writ after sunset, or before sunrise, such officer or other person shall be subject and liable to a fine of not exceeding Fifty Dollars, which shall be set by the Chief Justice of the said Court, and enforced by distress and sale of the offender's goods.
Motions.
Memorials, &c,
Right to sue or
Pauperis.
XXXIII. It is further ordered, That all motions, or special applications to the Court, shall be supported by affidavits of the facts or circumstances upon which the same are made, (which affidavits shall be sworn before the Chief Justice, or a Commissioner of the said Court); and that all memorials and petitions shall be brought before the Court upon motion, and shall be delivered to the Registrar at his office, the day before the same are moved in Court, and the Registrar shall make a roll thereof, and call on the same in order; and no such memorial or petition shall be sent to the Chief Justice of the said Court, except by special permission.
3. PROCEEDINGS IN FORMA PAUPERIS,
XXXIV. It is further ordered, That any poor person, defend in forma before commencing or defending any action or suit in the said Court in his own right, or becoming poor during the progress thereof, may apply to the Court on motion, for leave to sue or defend as a Pauper, which motion shall be supported by an affidavit of the party so applying, and of two house- holders living in his neighbourhood, that he is not possessed of property to the amount of Fifty Dollars in value, excepting
household
household goods, wearing apparel, tools of trade, and the matter or thing claimed by him in the action or suit, if he be Plaintiff, and thereupon it shall be referred to a Barrister of the said Court, or such other person as the Court shall appoint, to consider the said case; and upon the party so applying producing a certificate signed by such Barrister or other person, that he has considered the case of the said party, and believes him to have a good cause for action, or defence, as the case may be, it shall be lawful for the said Court to grant a Rule to the party applying, calling upon the opposite party to shew causes why the applicant should not be allowed to sue, or defend, (as the case may be) in forma pauperis, and unless sufficient cause be shewn against
the said Rule, the same shall be made absolute.
XXXV. It is further ordered, That if the party applying to Appointment of sue or defend as a Pauper, in any case not being within the Barrister and At- Summary Jurisdiction of the Court, shall also pray that any for Pauper. Barrister or Attorney consenting thereto may be appointed
to appear for him, the Court will so order, or else will appoint a Barrister and Attorney, or other person duly authorised to act as such, to appear for the said party.
torney to appear
causes.
XXXVI. It is further ordered, That no fee shall be taken No fecs to be by any Barrister or Attorney, or Officer of the Court, from taken in Pauper any person admitted to sue or defend as a Pauper, for anything done in the conduct of the cause; but if he succeed, and the costs should be awarded to be paid by his opponent, then the Barrister and the Attorney of the said party, and the Officers of Court, shall be entitled to, and shall receive all such fees as the Registrar of the Court shall allow to them on taxation.
XXXVII. It is further ordered, That any person having when privilege been so admitted to sue or defend as a Pauper, and becoming of suing or defend- as a Pauper to of ability during the progress of the cause, or misbehaving s himself therein, by any vexatious or improper conduct or proceeding, or wilful delaying the cause, shall, on the same being shewn to the Court, be deprived of all the privileges of such his admission.
4.
CRIMINAL PROCEEDINGS.
cease.
Process for Sum-
on Indictment or
XXXVIII. It is further ordered, That the process of the said Court for summoning the Defendant to answer any Indict-moning defendant ment or Information, and for the service of a copy of the In- Information. dictment or Information on any Defendant therein named, shall be by writ sued out by the Registrar of the said Court, or when the prosecution is at the instance of a private party, by the
125