126
Power to regulate sittings of the Court, and to make rules and orders.
Arrest allowed in case of debtors being about to leave the Colony.
[Amended by Ordinance No. 5 of 1832.]
Bail-bond.
ORDINANCE No. 6 OF 1845.
Supreme Court.
otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such Treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers, for an order for the payment thereof, stating in such petition the purpose for which such money is required, and such Treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order. [Repealed by Ordinance No. 8 of 1860.]
23. And be it further enacted and ordained, that it shall be lawful for the said Supreme Court to make and prescribe such rules and orders, touching the times and place of holding the Court, form of process, pleadings, and other business and proceedings of the said Court, and of the fees payable therein, as to the said Court shall seem fit, and such rules and orders from time to time to alter, amend, or revoke, as occasion may require.
24. And be it further enacted and ordained, that if any person shall have a claim or ground of action, of whatever nature, against any other person who shall be about to leave the said Colony, and to proceed to parts beyond the jurisdiction of the said Supreme Court, or who may reasonably be suspected of an intention so to do, either for the purpose of avoiding process in such action, or otherwise, whereby, the recovery of any debt or damages may be delayed, and the party having such claim or ground of action as aforesaid, or some person on his behalf, shall produce to the said Chief Justice an affidavit of such his right of action, and of the intention of such other party to leave the said Colony, and to proceed to parts beyond the jurisdiction of the said Court, and shall also state in such affidavit the grounds upon which he believes that the other party is about to leave the said Colony as aforesaid, in such case it shall be lawful for the said Chief Justice, if he shall think fit, to order a writ of capias ad respondendum, (in the form given in the schedule hereunto annexed, marked No. 1.), to be issued to take and arrest the body of such other party so about to leave the said Colony; in which said writ the amount of the debt or damages demanded, or the value of the property sought to be recovered, shall be truly specified, and the costs and charges of issuing the said writ shall be indorsed thereon by the Registrar of the said Court; and of which said writ the sheriff, or his lawful deputy, shall, upon any arrest to be made by virtue thereof, give to the defendant a true copy: Provided always, that if upon any such arrest the defendant shall give to the sheriff reasonable security by bond or obligation of the said defendant, and of one or more other person or persons having sufficient property,
126
Power to regu- late sittings of the Court, and to make rules and orders.
Arrest allowed
in case of deb-
tors being about
to leave the
Colony.
[Amended by Ordinance No. 5 of 1832.1
Bail-bond.
ORDINANCE No. 6 OF 1845.
Supreme Court.
otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such Treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers, for an order for the payment thereof, stating in such petition the purpose for which such money is required, and such Treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order. [Repealed by Ordinance No. 8 of 1860.]
23. And be it further enacted and ordained, that it shall be lawful for the said Supreme Court to make and prescribe such rules and orders, touching the times and place of holding the Court, form of process, pleadings, and other business and proceed- ings of the said Court, and of the fees payable therein, as to the said Court shall seem fit, and such rules and orders from time to time to alter, amend, or revoke, as occasion may require.
24. And be it further enacted and ordained, that if any person shall have a claim or ground of action, of whatever nature, against any other person who shall be about to leave the said Colony, and to proceed to parts beyond the jurisdiction of the said Supreme Court, or who may reasonably be suspected of an intention so to do, either for the purpose of avoiding process in such action, or otherwise, whereby, the recovery of any debt or damages may be delayed, and the party having such claim or ground of action as aforesaid, or some person on his behalf, shall produce to the said Chief Justice an affidavit of such his right of action, and of the intention of such other party to leave the said Colony, and to proceed to parts beyond the jurisdiction of the said Court, and shall also state in such affidavit the grounds upon which he believes that the other party is about to leave the said Colony as aforesaid, in such case it shall be lawful for the said Chief Justice, if he shall think fit, to order a writ of capias ad respondendum, (in the form given in the schedule hereunto annexed, marked No. 1.), to be issued to take and arrest the body of such other party so about to leave the said Colony; in which said writ the amount of the debt or damages demanded, or the value of the property sought- to be recovered, shall be truly specified, and the costs and charges of issuing the said writ shall be indorsed thereon by the Registrar of the said Court; and of which said writ the sheriff, or his lawful deputy, shall, upon any arrest to be made by virtue thereof, give to the defendant a true copy: Provided always, that if upon any such arrest the defendant shall give to the sheriff reasonable security by bond or obligation of the said defendant, and of one or more other person or persons having sufficient pro-
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