the-ordinances-of-the-legislative-counci-1890 — Page 176

140 ORDINANCE No. 9 OF 1845 .


Supreme Court- Summary Jurisdiction.


Power to appoint case may be : Provided that it shall be lawful for the said Chief Justice, and he is
special bailiffs.
hereby empowered and authorized , when thereto required by the plaintiff in any suit
or proceeding wherein such writ or precept may be issued, to appoint one or more
special bailiff or bailiffs , to be named by the said plaintiff, to execute such writ or
precept, upon receiving from such plaintiff full and sufficient security against any
improper use or abuse of such writ or precept.

Orders and 12. And be it further enacted and ordained, that all such orders and decrees
decrees may be
executed shall and may be carried into execution in any district or place whatsoever within the
anywhere within
the Colony.
said Colony, or in any place within the jurisdiction of the said Supreme Court, where
the defendant, his goods, chattels or effects, lands, tenements, or hereditaments, may
Time of levy. be found or be met with : Provided that all executions and processes against the
property of the defendant shall be executed after sunrise and before sunset, and that
any officer or person executing the same at any other time shall be 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, and, failing these, then to
levy the amount by sale of the lands, tenements, and hereditaments of the defendant.

Mode of 13. And be it further enacted and ordained, that for the purpose of preventing
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 defendant , and that in the event of such bailiff or bailiffs not being able to find
any goods, chattels, or effects , or any lands, tenements, and hereditaments of the
defendant, and the defendant failing to point out to his or their notice any property
whereon to levy, it shall and may be lawful for the said bailiff or bailiffs to enforce
the order or decree of the Court by the personal arrest and imprisonment of the
Proviso as to defendant, as hereinafter is mentioned : Provided that if previous to the sale of the
disputed claim
to goods, &c. property so levied upon a disputed claim shall be made thereto, and such claim shall
be deposed to on oath before a Magistrate by the party claiming the same or by some
person on his or her behalf, the bailiff or bailiffs, on payment to him or them , or either
of them, of the costs of the levy by such party, or other person claiming on his or her
behalf, shall release such property from the execution, and proceed to enforce the order
or decree of the Court by levying upon other property of the defendant, if any can be
found or pointed out to him or them, or by arresting the body of the defendant, as
hereinbefore is directed.

Imprisonment 14. Provided always, and be it further enacted and ordained, that every such de
by process of
Court not to fendant who shall be arrested and taken in execution under the process of the said
exceed three
months.
[* But see Supreme Court, as aforesaid, shall and may be imprisoned in the prison of the said
Ordinance No. 3
of 1849.] Court, and shall be there detained for a space of time not exceeding three calendar
months, unless before the expiration thereof the order or decree of the said Court
shall have been satisfied ; and in case such order or decree shall not then be
satisfied, such defendant shall be discharged from such prison ; but it shall be lawful