CO882-(3-4) — Page 264

PUBLIC RECORD OFFICE

Reference:

TICO. 882

سلات

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIES COPYRIGHT PHOTOGRAPH-NOT 205

Privilege of employés salary.

Penalty for failure on appeal.

Oppositions

to wages deposited not valid.

When the

wife's goods will be free

from seizure for wages.

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such privileged claim justify that they have used due diligence to enforce payment of their claim, and that they have been unavoidably prevented from obtaining payment at an earlier period. Pro- vided also, that several judgments in favour of the same party shall in no case entitle him to claim payment of wages by way of privilege for more than the period to which such privilege is limited as above, which period shall be computed backwards from the date of the last of such judgments.

175. The manager and employés upon an estate, other than the gens de service as herein-after defined, have a privilege for arrears of salary, taking rank immediately after the privilege of the said gens de service, and limited to six months next preceding the judgment condemning the employer to the pay- ment of such salaries. The privilege of the several

parties above mentioned shall be admitted in its rank as hereby established in the same manner and subject to the same conditions as is herein-before provided for the privilege of the gens de service.

Any judgment of a stipendiary magistrate con- demning an employer to the payment of wages or salary may at any time, before such payment shall have been satisfied, be attacked by any interested party, on the ground that such judgment was obtained by fraud or collusion.

The party attacking such judgment shall obtain a summons, signed by the stipendiary magistrate, setting forth the facts of fraud or collusion on account of which the judgment has been obtained, as clearly as will satisfy the magistrate, and calling upon the party to such judgment to show cause why it should not be set aside.

The stipendiary magistrate shall have jurisdiction, and shall be bound to hear and determine the merits of the case, and his judgment, if the subject matter at issue is of the amount of 201. or above, shall be liable to appeal before the Supreme Court; but shall not otherwise, and in no case, be reviewed by appeal certiorari, or in any way soever.

Provided that no summons issued, or judgment given by any stipendiary magistrate, shall be liable to be set aside or quashed on questions of form.

176. Any person attacking as aforesaid a judgment of the stipendiary magistrate, shall, if he fail, be ordered to pay all costs, and may be further liable to a fine not exceeding 107., if the summons be held by the magistrate to have been malicious or frivolous.

177. No opposition or attachment lodged in the hands of any stipendiary magistrate or district cashier against any moneys payable to labourers for arrears of wages shall be valid or effectual. The suma so payable shall be paid to the labourers entitled to receive the same, any such opposition or attachment notwithstanding.

178. In case any domestic servant shall have obtained judgment against his employer for arrears of wages, no seizures of moveables made in the house or premises of the employer shall be set aside or invalidated, on the ground that such moveables are the property of the wife of the employer.

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179. When a certificate of discharge, sent or pro- On discharge

of servant

duced to a magistrate under article 101 of this judgment Ordinance, shall state any amount of wages remains for unpaid unpaid to the labourer discharged, the magistrate wages to be shall, upon the production of the certificate, condemn given. the employer to pay to the labourer the wages which appear to be due to him, granting a delay, not exceeding one month, for the payment into court of the amount so due.

180. Whenever a stipendiary magistrate shall have Subrogation given a judgment condemning an employer to the on claims for payment of any sum for arrears of wages or salaries, wages. any third party may obtain subrogation into the rights and privileges of the labourers or employés under such judgment, by paying into the hands of the stipendiary magistrate the amount due under such judgment, and by thereupon obtaining from the magistrate a subrogative receipt under the hand and seal of the magistrate for the amount paid, which receipt the magistrate shall be bound, if re- quired, to give at the time of the money being paid.

181. Whenever, in execution of any judgment for Seizure of compensation or wages, there shall not have been real estate found sufficient goods and chattels to satisfy the for wages. said judgment, the stipendiary magistrate may isone

a writ of execution against any real estate belonging to the debtor, in whatever district the same may be situated; but no such writ of execution shall be acted upon without the authority of one of the judges of the Supreme Court, and the return of such writ shall be made to the registrar of the said

court.

Upon such authority being obtained the writ shall be notified to the employer in the form of a "com- mandement," and the seizure shall thereupon be made subject to the delays prescribed by law between the "commandement” and the seisure.

The proceedings of the sale of such estate shall be made and taken under the authority of the Supreme Court, in the form and manner prescribed by the law existing at the time being.

If such estate be already under seisure, and the proceedings be delayed or suspended, the creditor, under any such judgment as aforesaid, may ask of the Master of the Supreme Court subrogation in the seizure upon the simple production of the said writ of execution issued by the stipendiary magis- trate as aforesaid.

182. It shall be lawful for the stipendiary magia- Seisure of trate to cause any standing crop to be seised (male randing Brandon), provided the provisions of articles 838 orope. and 627 of the Code of Civil Procedure be complied with, and provided the procedure hid down in the preceding article be followed, except that the writ shall not be returnable to the Registrar of the Supreme Court.

183. No sale of personal property, or of standing Sale of crop seized in virtim of a stiponilmey magistrate's order, shall be effected in my other place than that in appointed by him, nor until 10 days after the

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