the-ordinances-of-the-legislative-counci-1890 — Page 97

ORDINANCE No. 15 OF 1844 . 61


Supreme Court.


(No. 1. ) ) to be issued to take and arrest the body of such other party so about to leave the
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
Court; and of which said writ the sheriff, or his lawful deputy, shall, upon any arrest
to be made by virtue thereof, give to the defendant, at his request, and at his charge,
a true copy : Provided always , that upon any such arrest the defendant shall give
to the sheriff reasonable security by bond or obligation of the said defendant, and of Bail bond.

one or more other person or persons having sufficient property 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 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.

32. Provided also, and be it further enacted and ordained, that where in any Power of Court
to order a
suit or action the defendant shall have been arrested or held to bail as aforesaid, if the defendant's
discharge.
plaintiff in such suit or action shall not prosecute his claim with all reasonable
diligence and despatch , it shall be lawful for the Chief Justice of the said Court to
order the said defendant to be discharged out of custody or the bail bond to be
delivered up to be cancelled, and to make such further order in the matter as tothe said
Chief Justice shall seem fit.

33. 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 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 arrest, 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