82 ORDINANCE No. 15 OF 1844.
Supreme Court.
defendant, and that, in the event of such bailiff or bailiffs not being able to find any goods,
chattels, or effects of the defendant, and the defendant failing to point out to his or their
notice any goods , chattels , or effects whereon to levy the amount, it shall and may be
lawful for the said bailiff or bailiffs to enforce the order, or decree of the Court by the
Proviso as to personal arrest and imprisonment of the defendant as hereinafter is mentioned : Provided,
disputed claim
to goods, &c. that if previous to the sale of the property so levied upon a disputed claim shall be made
thereto, and such claim shall be deposed to on oath before a Magistrate by the party
claiming the same, or by some person on his or her behalf the bailiff or bailiffs , on
payment to him, or them, or either of them, of the costs of the levy by such party, or
other person claiming on his or her behalf, shall release such property from the
execution, and proceed to enforce the order or decree of the Court by levying upon
other goods , chattels, and effects of the defendant, if any can be found or pointed out
to him or them , or by arresting the body of the defendant as hereinbefore is directed .
Imprisonment by 126. Provided always, and be it further enacted and ordained, that every such
process of
Court not to defendant who shall be arrested and taken in execution under the process of the said
exceed three
months. Court, as last aforesaid, shall and may be imprisoned in the prison of the said Court,
and shall be there detained for a space of time not exceeding three calendar months ,
unless before the expiration thereof, the order or decree of the said Court shall have
been satisfied ; and in case such order, or decree, shall not then be satisfied, such
Liability of defendant shall be discharged from such prison ; but it shall be lawful for the
future effects.
complainant at any time within three years after such order, or decree, to take out
fresh execution against any estate, or effects which such defendant may have become
possessed of, or entitled to, until such order, or decree, shall be fully satisfied.
Execution not to 127. And be it further enacted and ordained , that no execution awarded against
prejudice
landlords.
the goods of any party or parties shall extend to, or be construed to extend to deprive
any landlord or landlords of the power vested in such landlord or landlords by an act
8 Anne C. 14. passed in the eighth year of the reign of Her late Majesty Queen Anne, intituled , “ An
Act for the better security of Rents and to prevent frauds committed by Tenants " of
recovering one year's rent by virtue of, and in pursuance of the said Act .
Court may order 128. And be it further enacted and ordained, that it shall be lawful for the said
money to be paid
by instalments. Chief Justice, whenever it shall appear to him that the levy of the full amount of any
such order, or decree, of the said Court at one time may be attended with great distress
to the defendant, and that such distress may be avoided or lessened by enlarging the
time for satisfying such order, or decree, to order and direct the amount thereof,
together with the costs and charges, to be levied by instalments, at such stated times ,
and in such proportional amounts, as shall be expressed in such order, and as shall be
reasonable and just : Provided, that the time for satisfying any such order, or decree,
shall not exceed three months from the time of making such order as aforesaid :
Provided also, that in case such defendant shall fail to pay any such instalment agreeably
to such order, in every such case the plaintiff may proceed to take out execution for
the amount of such order or decree, and the costs and charges thereof, then remaining
due and unsatisfied, in like manner as if no such order as aforesaid had been made.