10° VICTORIE.- 1847 . 13
Defendant, his Goods or Chattels, may be found or be met with :
Provided that no Writ of Execution against the Goods, Chattels, Levy on Defendant's
and Effects of the Defendant, shall be executed at any time after Goods to be made be-
Sunset, nor before Sunrise ; and if any Officer or Person shall set.
execute any such Writ after Sunset, or before Sunrise, such Officer
or other Person shall be subject and liable to a Fine of not exceed-
ing Fifty Dollars, which shall be set by the said Court, and enforced
by Distress and Sale of the Offender's Goods.
XXXIII. That all Motions or Special Applications to the Court Motions.
shall be supported by Affidavits of the Facts or Circumstances upon
which the same are made (which Affidavits shall be sworn before a
Judge or Commissioner of the said Court) ; and that all Memorials Memorials, & c.
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 any Judge of the said Court, except by
special Permission .
3.-PROCEEDINGS IN FORMA PAUPERIS.
XXXIV. That any Poor Person, before commencing or defend- Right to Sue or De-
fend in forma Paupe-
ing any Action or Suit in the said Court in his own Right, or ris.
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 Householders living in his Neighbourhood, that he is not
possessed of Property to the Amount of Fifty Dollars in value,
excepting Wearing Apparel 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. That if the Party applying to sue or defend as a Pauper Appointment of Bar-
rister and Attorney to
in any case not being within the Summary Jurisdiction of the Court, appear for Pauper.
shall also pray that any 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.
XXXVI. That no Fee shall be taken by any Barrister or Attor- No Fees to be taken
in Pauper causes.
ney, or Officer of the Court, from 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,
D and