the-ordinances-of-the-legislative-counci-1890 — Page 163

ORDINANCE No. 6 OF 1845 . 127


Supreme Court .


perty within the said Colony, as surety or sureties, that the defendant shall appear
according to the exigency of the said writ, and shall also stand to, abide, and perform
the judgment of the said Court thereon, or render himself to the prison of the said
Court in execution for the same, and that the said defendant shall not, from and after
the date of such bond or obligation, remove or withdraw any of his property from and
out of the jurisdiction of the said Court, so as to evade the judgment thereof, if the
same shall be for the plaintiff (which said bond or obligation shall, as near as may be,
be in the form given in the schedule hereunto annexed marked No. 2. ) ; or if the defendant
shall pay to the sheriff or his deputy a sufficient sum of money to cover the amount of
the debt or damages mentioned in the writ, together with the cost and charges indorsed
thereon, and a further sum of five dollars for the charges of making the arrest, or shall
deliver to the said sheriff or his deputy the property specified in the said writ, or the
value thereof, either as a deposit, or security in lieu of giving a bail- bond, or in
satisfaction of the suit or action, then the said sheriff shall permit the said defendant
to go at large, and free of the said arrest as to such suit or action .

25. And be it further enacted and ordained, that if upon the trial of any suit or Malicious arrest.
action in which the defendant shall have been so arrested or held to bail as aforesaid,
it shall appear to the said Supreme Court that the arrest of the defendant was vexatious,
and malicious, and without any reasonable or probable cause, and that the order for
such arrest was obtained upon a wilful misrepresentation of the facts of the
case, it shall be lawful for the Chief Justice of the said Court in his discretion
to order and adjudge the plaintiff in such suit or action to pay to the defendant the costs
of such arrests or holding to bail, together with such further sum of money as to the said
Chief Justice shall seem fit, as a reasonable compensation to the said defendant for
having been so arrested or held to bail ; and in default of payment of any sum of
money so ordered to be paid as aforesaid, it shall be lawful for the said Chief Justice,
and he is hereby authorized , to commit the said plaintiff to the prison of the said
Court until the same shall be paid : Provided, that in any case in which compensation
shall have been awarded as aforesaid, it shall not be lawful for the defendant to
proceed against the plaintiff, by action or otherwise, for the recovery of any other or
further sum of money by way of damages for such arrest or holding to bail.

26. And be it further enacted and ordained, that it shall and may be lawful to and Allowance of
expenses and
for the said Supreme Court, in all proceedings therein, whether of a civil or criminal compensation
to witnesses.
nature, to order and allow to all persons examined or detained as witnesses in any such
proceeding, such sum or sums of money as to the said Court shall seem fit, as well for
defraying the reasonable expenses of such witnesses, as for affording them a reasonable
compensation for their trouble and loss of time.

27. And be it further enacted and ordained, that if any person served with a Punishment of
witnesses for
subpæna to attend the said Supreme Court as a witness in any suit or action therein, or non-attendance,
and of persons
upon the trial of any indictment or information, shall refuse or neglect to attend the guilty of a con
tempt of Court.
said Court pursuant to such subpæna , or if any person shall be guilty of any contempt