510 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
whereon to levy, the said bailiff or bailiffs shall enforce the order or decree ofthe
Court by the personal arrest and imprisonment of the defendant as hereinafter is
mentioned.
Interpleader. 24. If any claim shall be made to or in respect of any goods or chattels taken in
execution under the process of the Court, or in respect of the proceeds or value
thereof by any landlord for rent or by any person not being the party against whom
such process has issued , it shall be lawful for the clerk of the Court, upon application
of the officer charged with the execution of such process, as well before as after any
action brought against such officer, to issue a summons calling before the said Court
as well the party issuing such process as the party making such claim, and thereupon
the Judge of the said Court shall adjudicate upon such claim and make such order
between the parties in respect thereof, and of the costs of the proceedings, as to him
shall seem fit, and such order shall be enforced in like manner as any order made in
any action in the same Court .
Imprisonment 25. Every defendant who shall be arrested and taken in execution under the
by process of
Court not to ex
ceed six months. process of the said Court, shall be imprisoned for a space of time not exceeding six
calendar months, unless, before the expiration thereof, the order or decree of the said
Court shall have been satisfied : Provided that in case any defendant shall be dis
charged from prison without having paid the debt and costs for which he had been
Liability of imprisoned, it shall be lawful for the complainant, at any time within three years after
after-acquired
effects. such order or decree, to take out fresh execution against any estate or effects which
such defendant may have become possessed of or entitled to, until such order or decree
shall be fully satisfied.
Expenses of 26. Whenever any defendant shall be taken in execution under any process
debtors' main
tenance in pri under this Ordinance, the complainant at whose suit he shall have been taken in
son to be paid
by execution
creditor. execution shall pay the expenses of the necessary and proper maintenance of the de
fendant in prison not exceeding the sum of twenty-five cents per diem, and the amount
of such expenses shall be a debt to the Crown , and shall be suable for and recoverable
by the Governor of the Gaol for the time being.
Execution not 27. No execution awarded against the goods of any party shall extend to or be
to prejudice
landlords. construed to extend to deprive any landlord of the power vested in such landlord by an
Act passed in the eighth year of the reign of Her Majesty Queen Anne, intituled
"An Act for the better Security of Rents and to prevent Frauds committed by Te
nants, " of recovering one year's rent by virtue of and in pursuance of the said Act.
Court may order 28. It shall be lawful for the said Judge of the Court of Summary Jurisdiction
money to be paid
by instalments. whenever it shall appear to him that the levy of the full amount of any order or decree
of the same Court at one time may be attended with great distress to the defendant,
and that such distress may be avoided or lessened by enlarging the time for satisfying
such order or decree, to order and direct the amount thereof, together with the costs,
and charges, to be paid by instalments, at such stated times, and in such proportional
amounts, as shall be expressed in such order, and as shall be reasonable and just :
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