did not arise within the Colony.
433
Nevertheless the Defendant could not move to set aside the writ without putting in the required Security.
It will be seen that the new enactments provide against some of these objections (see Sections 196 and 197).
I would suggest that clauses should be added to the Draft to the following Effect : 1. That property in Custodiâ legis should be liable to attachment by leave of the Court.
2. That property in the Custody of a Public Officer in his official capacity (but not being in Custodia legis) should be liable to attachment by consent of the Crown. (Lee Indian Code S. 237.)
3. That the Rule of Court of the 5th of March 1857 (see page 118 of W. Lister's Index to the Ordinances) be incorporated in the Ordinance.
4. That Provision be made for determining