244
tion in a summary way of such plaintiff to the said Court and on proof of the facts to the satisfaction of the said Court pay such damages to the said plaintiff as the said Court shall in that behalf think fit to order.
Enquiry as to
V. AND BE IT ENACTED AND ORDAINED that upon the return of every such Writ of Attachment as aforesaid or as soon after as conveniently may be and upon property in gar- such other day or days of adjournment if any as shall in that behalf be directed nishee's hands, the said Court shall proceed to enquire and determine whether in fact the plaintiff's cause of action arose within this Island or its Dependencies and if so then what lands monies chattels and other property as aforesaid sufficient to satisfy the plaintiff's cause of action together with his costs of suit then are or were at the time of the service of the same writ in the custody or under the control of any such garnishee or person as aforesaid belonging to the defendant or to or in which he was at that time entitled or interested as aforesaid and what debts were then due to such defendant from any such garnishee or person and the particulars thereof and whether the same lands monies and other property and debts or any part or parts thereof are or can be made available for the purpose of making such satisfaction as aforesaid and to what amount respectively--AND for the purposes of such enquiry and determination it shall be lawful for the said Court in a summary way to examine or permit the said plaintiff to examine vivd voce upon oath every such garnishee or person together with such witnesses (if any) as the said Court may think proper to be so examined and for that purpose to make such orders and issue such summonses to witnesses as may in that behalf be deemed expedient- AND any such garnishee or person as aforesaid or witness who shall refuse or neglect to attend according to the exigency of any such Writ of Attachment or to obey any such order or summons or shall refuse to be so examined shall be liable to be summarily proceeded against as in cases of contempt of Court and to be punished accordingly.
VI. AND BE IT ENACTED AND ORDAINED that if any such garnishee or person in whose hands any such lands goods or property as aforesaid shall have &c. by leave of Disposal of goods been so attached shall be desirous of disposing of the same or any part thereof or Court. of receiving the amount of any such bill or bond or other chose in action or any part thereof pending such attachment and shall apply for that purpose to the said Court it shall be lawful for the said Court (due notice having been given to the plaintiff of such intended application) to authorise such garnishee or person to sell or dispose of any such property or receive any such amount and to hold the proceeds of such sale or disposal or the amount so received subject to such attachment as aforesaid or otherwise for the satisfaction of the plaintiff as to such Court shall seem fit.
After attach-
VII. AND BE IT ENACTED AND ORDAINED that at any time after the return. day of
any such Writof Attachment it shall be lawful for the plaintiff to cause an ap- ment returned pearance to be entered for the defendant against whom the same shall have so issued plaintif may pro. and to proceed thereon as if such defendant resided within this Colony and had ap- oeed in the action. peared to the action in person-PROVIDED that such bond as is in that behalf hereinafter mentioned shall have been duly entered into before final judgment be given therein.
tachment.
to detcr-
VIII. AND BE IT ENACTED AND ORDAINED that so soon as upon any Court such examination or enquiry as aforesaid it shall be ascertained by the Court mine what proper- what lands monies or other such property and debts as aforesaid can be made ty is to continue available for the purpose of making such satisfaction to the plaintiff as aforesaid subject to the at- the said Court shall forthwith order the same or such part or parts thereof respectively as it shall think proper in that behalf to be thenceforward holden for that purpose and to continue subject to such attachment accordingly or to be sold or otherwise disposed of if such Court shall think fit and the proceeds or (in case of debts then payable) the amount of such debts to be paid into the hands of some Officer of the Court subject to such attachment as the said Court may order and with respect to all and singular the lands monies, and other property debts and other choses, in action to which no such order as last aforesaid shall be intended to apply it shall be lawful for the said Court at any time to direct that the said attachment shall be dissolved.
IX. AND BE IT ENACTED AND ORDAINED that within one calendar Plaintiff to enter month next after any such Writ of Attachment shall have issued as aforesaid the into a bond to ac- plaintiff at whose suit the same shall have been so issued or if absent some person count &c. on his behalf shall before the said Court enter into a bond with two suffi- cient sureties to be approved of by such Court acknowledging himself and themselves to be indebted to the defendant against whom such attachment shall have so issued in such sum as the said Court shall think fit to order the con- dition of which said bond shall be in the form or to the effect of the form contained in the Schedule to this Ordinance marked C-AND in case of any breach or alleged breach of such condition the defendant shall be at liberty to sue the parties to such bond thereon at any time and if such bond be not so entered into as aforesaid the attachment shall be ipso facto dissolved.
X. AND BE IT ÉNÁCTED AND ORDAINED that at any time after such bond After shall have been so entered into and after final judgment in favour of the plaintiff shall plaintiff may issue judgment have been obtained it shall be lawful for him to cause a writ or writs of fieri facias upon
a fieri facias.
No comments yet.
Private notes are available after approval.