the-ordinances-of-the-legislative-counci-1890 — Page 117

ORDINANCE No. 15 OF 1844. 81


Supreme Court.


defendants shall have double costs , and shall have such remedy for recovering the
same as any defendant or defendants may have for his, her, or their costs in any case
by law.
120. And be it further enacted and ordained, that no person whatever shall be Plaintiffs and
defendants to
permitted to appear and act in any such summary proceeding for or on behalf of any attend personally
unless
plaintiff or defendant therein , unless it shall be first proved to the satisfaction of the unavoidably
prevented.
Chief Justice of the Court that such plaintiff or defendant is prevented by some
unavoidable necessity, or some good and sufficient cause, from attending such Court in
person.
121. And be it further enacted and ordained , that the provisions hereinbefore Witnesses not
attending, and
made with respect to the non-attendance of witnesses pursuant to their subpœnas, and persons guilty
of contempt, how
to persons guilty of a contempt of the Court, shall apply to and be in force as to all punished.

matters and proceedings under the summary jurisdiction of the said Court.
122. And be it further enacted and ordained, that the provisions hereinbefore Perjury.
made with respect to persons guilty of wilful and corrupt perjury shall apply to and be in
force as to all matters and proceedings under the summary jurisdiction of the said Court.
123. And be it further enacted and ordained, that in each and every case within Execution.
the summary jurisdiction of the Court where the Chief Justice thereof shall have made
any order or decree for the payment of money, it shall and may be lawful for the said
Chief Justice, at the prayer of the party so prosecuting such order or decree, to issue
a precept signed by the said Chief Justice, in the nature of a writ of fieri facias, or
capias ad satisfaciendum, which 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 said Chief Justice and he is Power to appoint
special bailiffs.
hereby empowered and authorized, when thereto required by the plaintiff in any suit or
proceeding wherein such precept or writ may be issued, to appoint one or more special
bailiff or bailiffs, to be named by the said plaintiff, to execute such precept or writ
upon receiving from such plaintiff full and sufficient security against any improper use
or abuse of such precept or writ .
124. And be it further enacted and ordained, that all such orders and decrees Orders and
decrees may be
shall and may be carried into execution in any district or place whatsoever within the executed any
where within
said Colony where the defendant, his goods, chattels, or effects may be found or be met the Colony.

with : Provided, that all executions and processes against the goods, chattels , and Time of levy.
effects of the defendant shall be executed between sunrise and sunset, in like manner as
is hereinbefore provided with respect to such executions ; and that any officer or person
executing the same at any other time shall be liable to the same fine as is hereinbefore
also provided in such cases .
125. And be it further enacted and ordained, that for the purpose of preventing Mode of
proceeding in
the writ of
any disputes as to the mode of executing the said last mentioned writ or precept , the execution.
same shall be executed in the following manner ; that is to say, that the bailiff or bailiffs
be directed, in the first instance, to levy on the goods, chattels, and effects of the