CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 35

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26. If any claim shall be made to or in respect of any Interpleader. goods or chattels taken in execution under the process of Court,

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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 calling 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.

exceed six

27. Every defendant who shall be arrested and taken in Imprisonment execution under the process of the Court, shall be imprisoned for by process of a space of time not exceeding six months, unless before the expi- Court not to ration thereof, the order or decree of the said Court shall have months. been satisfied: Provided that in case any defendant shall be discharged from prison without having paid the debt and costs for which he had been imprisoned, it shall be lawful for the com- plainant, at any time within three years after such order or decree Liability of ---

to take out fresh execution against any estate or effects which after acquired such defendant may have become possessed of, or entitled to, until effects. such order or decree shall be fully satisfied.

28. Whenever any defendant shall be taken in execution Expenses of under any process under this Ordinance, the complainant at whose debtor's main- suit he shall have been taken in execution shall pay the expenses of tenance in

prison to he the necessary and proper maintenance of the defendant in prison not paid by execu exceeding the sum of twenty-five cents per diem, and the amount tion creditor. 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

29. No execution awarded against the goods of any party Execution not shall extend to or be construed to extend to deprive any landlord to prejudice

of the power vested in such landlord by an Act passed in the landlords. eighth year of the reign of Her 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.

30. In case any action or suit shall at any time hereafter Action agains be commenced or brought against any officer of the Court or officers, &c. against any other person for anything done in pursuance of or under the authority of this Ordinance, it shall be lawful for such officer or other person in every such suit or action to plead the

general issue, and give this Ordinance and the special inatter in General issuto. evidence; and in case the plaintiff in such action or suit shall have

a verdict passed against him or be non-suited or discontinue his action or suit, the defendant shall, in any of the said cases, be allowed double costs.

31. No action or complaint or other proceeding under the Proceedings Summary Jurisdiction given by this. Ordinance, shall be treated not to be set or considered as invalid or subject to be set aside, on account of aside for want any verbal or technical error; but all errors and mistakes not' having a tendency to mislead the opposite party, shall and may in all cases be amended or altered by the Court.

of form.

32. In every cause or matter pending before the Court, Parties to the plaintiff and defendant, if not represented by attorney or by appear in attorney and counsel, as the case may be, must appear in

person or by person attorney. Provided always that in case it shall be proved to the satisfaction Proviso. of the Court, that any plaintiff or defendant, who may not be represented as aforesaid is prevented by some good or sufficient cause from attending the Court in person, the Court may, in its discretion, permit any relative, friend, 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.

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chattels,

33. The Court shall have power, if it see fit to do so, upon Specific deli- the application of the plaintiff in an action for detention of very of chattel to order the return of the chattel detained without giving 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 not 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.

affidavit.

34. It shall be lawful for the Court, if it shall in its dis- Account books cretion think fit, to permit either party to use his books of account evidence by as evidence in support of his claim or defence and also to take and adinit evidence by affidavit whenever a special ground for receiving the same shall be shown to the satisfaction of the Court by the party tendering it.