1890_COURT_OF_SUMMARY_JURISDICTION_ORDINANCE — Page 5

ORDINANCE No. 7 OF 1862.

Court of Summary Jurisdiction.

decree or order of the Court to have professional assistance, and that he or they ought to be re-imbursed the cost thereof, in which case the cost of the employment of such attorney or attorneys shall be defrayed by that party against whom the decree or order shall be pronounced: And it is hereby provided, that in such case, no other or further fee or charge shall be allowed, either between attorney and client, or party and party, than those specified in the schedule No. 2 hereunto annexed. [Repealed by Ordinance No. 1 of 1871.]

19. The provision contained in the 27th section of Ordinance No. 6 of 1845, with respect to the non-attendance of witnesses pursuant to their subpoenas, and to persons guilty of a contempt of Court, shall apply to and be in force as to all matters and proceedings in the Court of Summary Jurisdiction.

20. The provisions contained in the 28th section of Ordinance No. 6 of 1845, made with respect to persons guilty of wilful and corrupt perjury, and the provisions contained in the 4th section of Ordinance No. 2 of 1860 as to declarations, shall apply to and be in force as to all matters and proceedings in the said Court.

21. In each and every case in the said Court where the Judge shall have made

any

order or decree for the payment of money, it shall be lawful for the said Judge, at the prayer of the party so prosecuting such order or decree, to issue a writ or precept, 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, of the defendant, or to arrest the defendant as the case may be: Provided that it shall be lawful for the Judge, 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.

22. All such orders and decrees shall be carried into execution in

any district or place whatsoever within the said Colony, or in any place within the jurisdiction of the Supreme Court, where the defendant, his goods, chattels or effects, may be found or be met with: Provided that all executions and processes against the property of the defendant shall be executed after sunrise and before sunset, and that 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 Judge of the said Court and enforced by distress and sale of the offender's goods.

any

23. For the purpose of preventing any disputes as to the mode of executing the said last mentioned writ or precept, the same shall be executed in the following manner that is to say, the bailiff or bailiffs in the first instance shall if practicable levy on the goods, chattels, and effects of the defendant, and in the event of such bailiff or bailiffs not being able to find sufficient goods, chattels or effects, of the defendant, and the defendant failing

to point out to his or their notice any property

500

Witness not-at- tending and per- sons guilty of contempt, how punished.

Perjury.

Execution.

Power to appoint special bailiffs,

Orders and de- crees may be executed any- where within the Colony.

Time of levy.

Mode of execI- tion.

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