the-ordinances-of-the-legislative-counci-1890 — Page 105

ORDINANCE No. 15 OF 1844 . 69


Supreme Court.


Court one or more writs, or processes for the execution thereof : Provided that no such
writ or process shall issue against the immovable property of any person, to raise any
sum of money, debt, or damages, by the sale thereof, (except where by sentence of the
Court such immovable property may be declared to be specially liable to sale, ) until any
writ or process, which may have been issued against his movable property, shall be first
returned , and the Court shall perceive thereby that the said person has not sufficient
movable property to satisfy the exigency of the said writ or process ; or, if no such writ
or process shall have been issued, then until upon motion to the said Court for that
purpose made it shall appear to the satisfaction of the said Court, that the person, against
whose immovable property such writ or process is desired, has no movable property
which can be taken in execution of the sentence of the said Court, or not sufficient to
satisfy the same : and no writ or process of execution shall issue for the levying and
raising of any costs awarded by the said Court to any party, until the same shall have
been taxed by the Registrar of the said Court ; and, for that purpose, the plaintiff or
defendant, or attorney of the party obtaining any appointment for taxation from the
Registrar, shall give due notice to the opposite party of such appointment, in order that
he may be present thereat : and the Registrar shall, in his taxation and allowances ,
pursue such instructions as shall from time to time be given to him by the Court for that
purpose ; and either party, feeling aggrieved by his decision, may apply to the Court, on
motion, specifying the items, charges, or allowances objected to, that the said Registrar
may review his taxation.

64. And be it further enacted and ordained, that the judgments, decrees , and Judgments, &c.
may be executed
orders of the said Chief Justice, shall be carried into execution in any district, or place, anywhere within
the Colony.
whatsoever within the said Colony and its dependencies, where the defendant, his goods
or chattels, may be found or be met with.

65. Provided always, and be it further enacted and ordained, that no writ of Levy on
defendant's
execution against the goods, chattels, and effects of the defendant, shall be executed goods to be made
between sunrise
and sunset.
at any time after sunset, nor before sunrise, and if any officer or person shall execute
any such writ after sunset, or before sunrise, such officer or other person shall be
subject and liable to a fine of not exceeding fifty dollars, which shall be set by the
Chief Justice of the said Court, and enforced by distress and sale of the offender's goods .
66. And be it further enacted and ordained, that all motions, or special applica Motions.

tions to the Court, shall be supported by affidavits of the facts or circumstances upon
which the same are made, which affidavits shall be sworn before the Chief Justice, or a
Commissioner of the said Court.

67. And be it further enacted and ordained , that all memorials, petitions, and Memorials, &c. to
be brought
special applications to the Court, shall be brought before the Court by motion, in before the Court
by motion.
manner appointed for motions by the sixty-sixth section of this Ordinance ; and all such
memorials, petitions, or applications , shall be delivered to the Registrar, at his office, the
day before the same are moved in Court , and the Registrar shall make a roll thereof, and
call on the same in order ; and no such memorials, petitions, or applications shall be sent
to the Chief Justice of the said Court.