CO129-151 - Lieut Governor Whitfield - 1871 [7-8] — Page 277

out Leave of

XVI. Any Garnishee who shall without Leave or Order of the Penalty for Court at any Time after the Service of Writ and before the Attach- disposing of ment shall be dissolved, knowingly part with the Custody or Con- Property trol of any Property attached in his Hands, or sell or dispose of attached with the same, or pay over any Debt due by him to the Defendant the Court. excepting only to or to the use of the Plaintiff, shall pay such Damages to the Plaintiff as the Court shall award and shall be liable to the same Punishment as is provided in the Case of a Person guilty of any Conteinpt before the Court by Section XIX of the Principal Ordinance.

Writ.

XVII. After the Issue of a Writ of Foreign Attachment, the Proceedings Plaintiff may proceed with his Action as if the Defendant had upon Issue of appeared, and shall establish his Claim to the Satisfaction of the Judge, and in Case he shall obtain a Judgment, the Judge may at

the same or any subsequent Sitting examine the Garnishee and Examination determine what Property is subject to Attachment in his lands of Garnishee. under the Writ served upon him, and may order such Property or Order thercon. any Part thereof to be applied in Satisfaction of the Judgment and for that Purpose may, if necessary, make any Order for the Sale and Realization thereof as the Circumstances of the Case require.

XVIII. The Defendant may, notwithstanding the Issue of the Defendant Writ of Foreign Attachment, appear and defend the Action, and if may appear Judgment be given against hin, may oppose the Order for the and defend Application of the Property attached in Satisfaction thereof. Action,

XIX. In Cases where the Defendant shall not have appeared Proceedings and defended the Action, no Order for the Application of any Pro- where Defend- perty so attached as aforesaid in Satisfaction of the Plaintiff's ant shall not Judgment shall be made unless Notice of the Issue of the Writ of have appeared. Foreign Attachment shall have been inserted twice in the Gazette

or (in Lieu thereof) in such One or more Newspapers of the Co- lony as the Court inay direct, nor until a Period of Fifteen Days

shall have elapsed from the Date of the Service of the Writ.

XX. No Property in Custodiâ legis or in the Hands or under Property in the Control of any Public Officer in his Official Capacity shall be Custotiâ liable to Attachment.

legis, &c. Procedure and Practice. XXI. Section XVII of the Principal Ordinance is hereby Repeal. repealed.

XXII. In every Cause or Matter pending before the Court, the Parties to Plaintiff and Defendant if not represented by Attorney or by appear la Attorney and Counsel as the Case may be must appear in Person: Person or by Provided always that in Case it shall be proved to the Satisfaction Attorney. of the Judge, that any Plaintiff or Defendant who may not be Proviso. represented as aforesaid is prevented by some good or sufficient Cause from attending the Court in Person, the Judge may in his Discretion permit any Relative, Friend, Servant, or Agent of such Plaintiff or Defendant who shall satisfy the Court that he has authority in that Behalf, to appear for such Plaintiff, or Defendant.

XXIII. In all Proceedings in which the Sum in Dispute shall Parties to exceed Five hundred Dollars the Parties, if requiring Legal Assist- appear by ance, must appear by Attorney and Counsel; Provided always that Counsel in in Case they shall be unable to procure the Attendance of a Barrister on Tender of the propor Fee according to the First Schedule hereto, the Court may, at their Request, permit them to appear by Attorney only.

certain Cases,

Equitable

XXIV. It shall be lawful for the Defendant in any Cause in which if Judgment were obtained against him he would be entitled Defences. to Relief against such Judgment on equitable Grounds to plead such Grounds by Way of Defence and the Plaintiff may reply in answer to any such Plea of the Defendant Facts which avoid such Plea on equitable Grounds: Provided that if it shall appear to the Judge that any such equitable Plen or Replication cannot be dealt with by the Court so as to do Justice between the Parties, he may order the same to be struck out.

XXV. The Court shall have Power if it see fit to do so upon specific the Application of the Plaintiff in an Action for Detention of any Delivery of Chattel to order the Return of the Chattel detained without giving Chattels, the Defendant the Option of paying the Value assessed or otherwise agreed upon and in Case the Defendant shall refuse or fail without reasonable Cause to comply with such Order the Court may order him to be imprisoned for any Term nor exceeding Six Months and Execution to issue against his Goods and Chattels for the Amount of such assessed or agreed Value as aforesaid and for the Costs recovered.

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