80
COURT OF SUMMARY JURISDICTION.
Power to appoint
lawful for the Judge, and he is hereby empowered and author- ized, when thereto required by the Plaintiff in any Suit or Pro- special Builiffs. ceeding wherein such Writ or Precept may be issued, to appoint one or more Special Bailiff or Bailiffs, to be named by the said Plaintiff, to execute such Writ or Precept, upon receiving from such Plaintiff full and sufficient security against any improper Use or Abuse of such Writ or Precept..
Orders and Decree may be executed any-
lony.
Time of Levy.
XXII. All such Orders and Decrees shall be carried into execution in any District or Place whatsoever within the said Colony, or in any Place within the Jurisdiction of the Supreme where within the Co- Court, where the Defendant, his Goods, Chattels or Effects, may be found or be met with: Provided that all Executions and Pro- | cesses against the Property of the Defendant shall be executed after Sunrise and be fore Sunset, and that any Officer or Person executing the same at any other Time shall be liable to a Fine of not exceeding Fifty Dollars, which shall be set by the Judge of the said Court and enforced by Distress and Sale of the Offenders's Goods.
XXIII. For the purpose of preventing any Disputes as to Mode of Execution. the Mode of Execution the said last mentioned Writ or Precept, the same shall be execu- ted in the following Manner: that is to say, the Bailift or Bailiffs in the first instance shall if practicable levy on the Goods, Chattels, and Effects of the Defendant, and in the event of such Bailiff or Bailiffs not being able to find sufficient Goods, Chattels or Effects, of the Defendant, and the Defendant failing to point out to his or their no- tice any Property whereon to levy, the said Bailiff or Bailiffs shall enforce the Order or Decree of the Court by the personal Arrest and Imprisonment of the Defendant as hereinafter is mentioned.
XXIV. If any Claim shall be made to or in respect of any Interpleader. Goods or Chattels taken in execution under the Process of the Court, or in respect of the proceeds or value thereof by any Landlord for Rent or by any person not being the party against whom such Process has issued, it shall be lawful for the Clerk of the Court, upon application of the Officer charged with the execution of such Process, as well before as after any action brought against such Officer, to issue a Summons eall- ing before the said Court as well the Party issuing such Process as the Party making such Claim, and thereupon the Judge of the said-Court shall adjudicate upon such Claim and make such Order between the Parties in respect thereof, and of the Costs of the Proceedings, as to him shall seem fit, and such Order shall be enforced in like manner as any Order made in any Action in the same Court.
Imprisonment by Process of Court not to exceed Six months, Liability of after-ac- quired Effects.
XXV. Every Defendant who shall be arrested and taken in ! Execution under the Process of the said Court, shall be impri- soned for a space of Time not exceeding Six Calendar Months, un- less, before the Expiration thereof, the Order or Decree of the said Court shall have been satisfied: Provided that in case any De. fendant shall be discharged from Prison without having paid the Debt and Costs for which he had been imprisoned, it shall be lawful for the Complainant, at any Time within Three Years from 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.
Expenses of Deb- tor's maintenance in Prison to be paid by Execution Creditor.
XXVI. Whenever any Defendant shall be taken in Execu- tion under any Process under this Ordinance, the Complainant at whose Suit he shall have been taken in execution shall pay the expense of the necessary and proper Maintenance of the De- fendant in Prison not exceeding the Sum of Twenty-five Cents per diem, and the a- mount of such expenses shall be a Debt to the Crown, and shall be suable for and recoverable by the Governor of the Gaol for the time being.