CO129-013 - Sir John Davis - 1845 [8-12] — Page 203

Perjury.

Execution.

X. And be it further enacted and ordained, That the provisions contained in the 27th Section of Ordinance No. 6, made with respect to persons guilty of wilful and corrupt perjury, shall apply to and be in force as to all matters and proceedings under the Summary Jurisdiction of the said Supreme Court.

XI. And be it further enacted and ordained, That in each and every case within the Summary Jurisdiction of the said Supreme Court where the Chief Justice thereof shall have made any order or decree for the payment of money, it shall and may be lawful for the said Chief Justice, at the prayer of the party so prosecuting such order or decree, to issue a writ or precept signed by the said Chief Justice, in the form given in the Schedule hereunto annexed, which writ or precept shall be directed to one or more Bailiff or Bailiffs of the said Court, who is and are hereby authorized and empowered to levy the amount thereof of the goods, chattels, and effects, lands, tenements, and hereditaments, of the Defendant, or to Power to ap-arrest the Defendant, as the case may be: Provided, that it point special Bail- shall be lawful for the said Chief Justice and he is hereby empowered and authorized when thereto required by the Plaintiff in any suit or proceeding 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.

iffs.

Orders and De- crees may be ex-

1

XII. And be it further enacted and ordained, That all such

ecuted any where

orders and decrees shall and may be carried into execution in within the Colony, any district or place whatsoever within the said Colony, or in any place within the Jurisdiction of the said Supreme Court, where the Defendant, his goods, chattels, or effects, lands, tenements, or hereditaments, may be found or be met with: Provided, that all executions and processes against the pro- perty of the Defendant shall be executed after sunrise and before sunset, and that any officer or person executing the same at any other time shall be liable to a fine of not exceed- ing Fifty Dollars, which shall be set by the Chief Justice of the said Court, and enforced by distress and sale of the offen- der's goods, and, failing these, then to levy the amount by sale of the lands, tenements, and hereditaments of the Defendant.

Time of levy.

Mode of pro- ceeding in the

XIII. And be it further enacted and ordained, That for the Writ of Execution. purpose of preventing any disputes as to the mode of execut- ing the said last mentioned writ or precept, the same shall be executed in the following manner; that is to say, that the Bailiff or Bailiffs be directed, in the first instance, to levy on the goods, chattels, and effects of the Defendant, and that in

the

the event of such Bailiff or Bailiffs not being able to find any goods, chattels, or effects, or any lands, tenements, and here- ditaments of the Defendant, and the Defendant failing to point out to his or their notice any property whereon to levy, it shall and may be lawful for the said Bailiff or Bailiffs to en- force the order or decree of the Court by the personal arrest and imprisonment of the Defendant, as hereinafter is mentioned; Provided, 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 per- son 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 property 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.

Proviso as to dis-

puted claim to goods, &c.

not to exceed three

XIV. Provided always, and be it further enacted and or- Imprisonment by dained, That every such Defendant who shall be arrested and process of Court taken in execution, under the process of the said Supreme months. Court, as 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 Defendant shall be discharged from such Prison; but it shall be lawful for the Complainant, Liability of fu- at any time within three years after such Order or Decree, to ture effects. 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

XV. And be it further enacted and ordained, That no Ex- ecution awarded against the goods of any party or parties, to prejudice Land- shall extend to, or be construed to extend to deprive any lords. Landlord or Landlords of the power vested in such Landlord or Landlords by an Act 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 com- mitted by Tenants," of recovering one year's Rent by virtue of, and in pursuance of the said Act.

6 Anne, c. 14.

Court may order

to be paid

XVI. And be it further enacted and ordained, That it shall be lawful for the said Chief Justice, whenever it shall appear by instalments." to him that the levy of the full amount of any such Order or Decree of the said Supreme Court, at one time, may be attended with great distress to the Defendant, and that such distress

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