the-ordinances-of-the-legislative-counci-1890 — Page 545

ORDINANCE No. 7 of 1862 . 509


Court of Summary Jurisdiction.


decree or order of the Court to have professional assistance, and that he or they ought
to be re-imbursed the cost thereof, in which case the cost of the employment of such
attorney or attorneys shall be defrayed by that party against whom the decree or order
shall be pronounced : And it is hereby provided, that in such case, no other or further
fee or charge shall be allowed , either between attorney and client, or party and party ,
than those specified in the schedule No. 2 hereunto annexed. [ Repealed by Ordinance
No. 1 of 1871. ]

19. The provision contained in the 27th section of Ordinance No. 6 of 1845 , with Witness not at
tending and per
respect to the non-attendance of witnesses pursuant to their subpoenas, and to persons sons guilty of
contempt, how
punished.
guilty of a contempt of Court , shall apply to and be in force as to all matters and
proceedings in the Court of Summary Jurisdiction .

20. The provisions contained in the 28th section of Ordinance No. 6 of 1845, Perjury.

made with respect to persons guilty of wilful and corrupt perjury, and the provisions
contained in the 4th section of Ordinance No. 2 of 1860 as to declarations, shall apply
to and be in force as to all matters and proceedings in the said Court.

21. In each and every case in the said Court where the Judge shall have made Execution.

any order or decree for the payment of money, it shall be lawful for the said Judge,
at the prayer of the party so prosecuting such order or decree, to issue a writ or
precept, which writ or 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 Judge, and he is hereby Power to appoint
special bailiffs.
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.

22. All such orders and decrees shall be carried into execution in any district Orders and de
crees may be
executed any
or place whatsoever within the said Colony, or in any place within the jurisdiction of where within
the Colony.
the Supreme Court, where the defendant, his goods, chattels or effects, may be found
or be met with : Provided that all executions and processes against the property of Time of levy.
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 exceed
ing fifty dollars, which shall be set by the Judge of the said Court and enforced by
distress and sale of the offender's goods.

23. For the purpose of preventing any disputes as to the mode of executing the Mode of execn
tion.
said last mentioned writ or precept, the same shall be executed in the following
manner : that is to say, the bailiff or bailiffs in the first instance shall if practicable
levy on the goods, chattels, and effects of the defendant, and in the event of such
bailiff or bailiffs not being able to find sufficient goods, chattels or effects, of the
defendant, and the defendant failing to point out to his or their notice any property