the-ordinances-of-the-legislative-counci-1890 — Page 162

126 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 [ Repealed by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. ]
Power to regu
late sittings of 23. And be it further enacted and ordained, that it shall be lawful for the said
the Court, and
to make rules Supreme Court to make and prescribe such rules and orders , touching the times and
and orders.
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.
Arrest allowed
in case of deb 24. And be it further enacted and ordained, that if any person shall have a claim
tors being about
to leave the or ground of action , of whatever nature, against any other person who shall be about to
Colony.
[Amended by
Ordinance No. 5 leave the said Colony, and to proceed to parts beyond the jurisdiction of the said
of 1852.]
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
Bail-bond. 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