after the trial of the last cause in each term, judgment may be entered up upon the several verdicts therein found and obtained, and execution be thereupon issued, unless either of the parties shall have obtained a rule for a new trial, or judgment shall be otherwise stayed or delayed. No. 7. Ord. No. 9, 1852. eight days after trial. Adjournment of XXXII. That, when the issues, inquests, and matters of fact, depending in the said Court, shall be tried, or continued over to the Court. the succeeding term, (which continuance of all issues, inquests, and other matters undetermined, shall be of course without any motion or order therefor,) and the respective juries shall be discharged, it shall and may be lawful to adjourn the Court for a space of time not exceeding eight days; and at the day of such adjournment, if need be, the said Judge shall meet and hold the said Court, and thereat sit from day to day, if to him it may seem expedient, for the hearing and determining matters of law, and such other business as may be brought before him, and may be transacted at such adjourned Courts. XXXIII. That, in all actions to be brought in the said Court, after the commencement of this Ordinance, wherein the defendant shall be arrested and held to bail, and wherein the plaintiff shall not recover the amount of the sum for which the defendant in such action shall have been so arrested and held to bail, such defendant shall be entitled to costs of suit, to be taxed according to the practice of the said Court: Provided, that, it should be made to appear to the satisfaction of the Court, motion to be made in Court for that purpose, and upon hearing the partics by affidavit, that, the plaintiff in such action had not any reasonable or probable cause for causing the defendant to be arrested and held to special bail, in such amount as aforesaid, and provided such Court shall thereupon, by a rule, or order of the said Court direct that such costs be allowed to the defendant; the plaintiff shall upon such rule or order being made, as aforesaid, be disabled from taking out any execution for the sum recovered in any such action, unless the same shall exceed the amount of the taxed costs of the defendant in such action, and in case the sum, in any such action, shall be less than the amount of the costs of the defendant, to be taxed as aforesaid, that, then the defendant shall be entitled, after deducting the sum of money recovered by the plaintiff in such action, from the amount of his or their costs, so to be taxed as aforesaid, to take out execution, for such costs, in like manner as a defendant, or defendants, may now, by law, have execution for costs in other cases. Costs allowed Defendant in certain cases. XXXIV. That there shall be allowed, as heretofore, interest, Interests on at and after the rate of six pounds, for each hundred pounds, by the Judgments. year, upon all judgments entered up in the said Court, from and after the day on which such judgment shall be actually signed; and, that the Provost Marshal of the said islands, under any execution issued from the aforesaid Supreme Court, shall and lawfully may levy, take, and receive (besides the debt or damages and costs), the interest hereby given, and the costs and charges of the renewal, or renewals, of execution, any law, usage, or custom, to the contrary notwithstanding. XXXV. That, all writs of execution may be tested on the day on which the same are issued, and be made returnable immediately, after the execution thereof, whether in Term or vacation. Writs of Exetested and cution when returnable. XXXVI. That, where executions shall hereafter be issued against Ord. No. 9, the goods, and chattels, lands, and tenements, of any defendant or No. 7. 1852. When real Estate may be taken in Execution. Money and Se- Moneys in the defendants, if such defendant shall have goods and chattels which may be come at, and levied upon, sufficient to satisfy such debt, damage, and costs recovered, the lands and tenements of the said defendant, or defendants, shall not be levied upon; and, where there shall not be goods and chattels sufficient to satisfy such debt, damages, and costs, and the lands, and tenements, and real estate shall be taken in execution, the Provost Marshal shall not proceed to the sale of any such lands, or tenements, until he shall have given public notice in some newspaper of the colony, wherein the Government notices are by authority inserted (in which he shall describe the said lands or tenements, for the space of at least three calendar months after levy made), unless such period be lessened by desire of the defendant or defendants, signified to him in writing for that purpose. XXXVII. That, by virtue of any writ of fieri facias to be sued out of the aforesaid Supreme Court, after the commencement of this Ordinance, the Provost Marshal, or other officer having the execution thereof, may and shall seize, and take any money, and any cheque, bills of exchange, promissory notes, bonds, specialties, or other securities, for money belonging to the person against whose effects such writ of fieri facias shall be sued out, and may and shall pay to the party suing out such execution, any money which shall be so seized, or a sufficient part thereof, and may, and shall hold any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, as a security, or securities, for the amount by such writ of fieri facias directed to be levied and raised, and may sue in the name of such Provost Marshal, or other officer, for the recovery of the sum, or sums, secured thereby, if and when the time of payment thereof shall have arrived; and, that the payment to such Provost Marshal, or other officer, by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty, or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge such party to the extent of such payment, or, of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, specialty, or other security, and such Provost Marshal, or other officer, may, and shall, pay over to the party suing out such writ, the money so recovered, or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied; and, if, after satisfaction of the amount so to be levied, together with Marshal's poundage and expenses, any surplus shall remain in the hands of the Provost Marshal, or other officer, the same shall be paid to the party against whom such writ shall be so issued: Provided, that no such Provost Marshal, or other officer, shall be bound to sue any party, liable upon any such cheque, bill of exchange, promissory note, bond, specialty, or other security, unless the party suing out such execution shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in any such action. XXXVIII. That, if any person against whom any judgment, or No. 7. Ord. No. 9, 1852. Public Treaavailable sury for Judgment judgments, shall have been entered up in the aforesaid Court, shall XXXIX. And in order to prevent any person against whom judgment shall have been obtained from transferring, receiving, or disposing, of any moneys, or allowances hereby authorized to be charged for the benefit of the judgment creditors, or creditor, under an order of a Judge, be it further ordained, That, every order of a Judge, charging any such moneys, or allowances, under this Ordinance, shall be made, in the first instance, ex parte, and, without any notice to the judgment debtor, and shall be an order to show cause only, and such order shall restrain the receiver-general and treasurer, or cashier of the bank, or other proper officer, as the case may be, from passing any such moneys, or any interest due thereon, or any such allowance, to such judgment creditor, or any one claiming under any such judgment creditor, in the mean time, and until such order shall be made absolute, or discharged; and that, if after notice of such order, such receiver-general and treasurer, or cashier, or other officer, as aforesaid, shall make any such payment, then, and in such case, such receiver-general, and treasurer, or cashier, or other officer, as the case may be, shall be liable to the judgment creditors or creditor, for the value or amount so charged, and so paid, or such part thereof, as may be sufficient to satisfy the judgment or judgments in respect of which such charge was made; and that no disposition of the judgment debtor, in the mean time, shall be effectual as against the judgment creditor, or creditors; and further, that, unless the judgment debtor shall, within a time to be mentioned in such order, show to the Court in which such judgment or judgments have been recovered, sufficient cause to the contrary, the said order shall, after proof of notice thereof to the judgment debtor, his attorney or agent, be made absolute Provided, that, such Court upon the application of the judgment debtor, or any person interested, shall have full power to discharge, or vary such order, and to award such costs, upon such application, as may be thought fit. XL. That all decrees and orders of the Court of Chancery, Ordinary, and Vice-Admiralty, and all rules and orders of the said Supreme Court, whereby any sum of money or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgment, in the said Supreme Court, and the person to whom any such moneys, or costs, charges or expenses, shall be payable, shall be deemed judgment creditors, within the meaning of this Ordinance, and all powers hereby given to the Judge of the said Supreme Court, with respect to matters depending in the same Court, shall and may be exercised by the Judges of the said Courts Effect of the for that pur pose. Decrees of &c. &c. avail- purpose. No. 7. Ord. No. 9, 1852. Estates not by descent of devise, within twelve months, not liable to Dower. Judge may issue Search Warrant to discover property. Execution in cases of sen of Chancery, Ordinary, and Vice-Admiralty, with respect to matters there depending; and all remedies hereby given to judgment creditors are, in like manner, given to persons to whom any moneys, costs, charges, or expenses are, by such decrees, orders, or rules, respectively, directed to be paid. XLI. And whereas by the laws now in force within these islands, the real estate of a judgment debtor, is liable to be levied on, and sold in satisfaction of any judgment debt, but notwithstanding such levy and sale, such lands are frequently subject to claims of dower, which operate prejudicially to the interest of creditors; for remedy whereof, be it ordained, That, whenever any real estate has been acquired by a judgment debtor, otherwise than by descent, or devise, within twelve calendar months, next preceding the day on which a judgment shall have been entered up against him, or having been acquired otherwise than as aforesaid, previous to such period, he shall, within such period, have expended and laid out Five hundred pounds, or upwards, in erecting buildings on, or otherwise improving such real estate, then, and in such case, all such real estate shall be liable to be levied on, and sold under such judgment, free and clear of all claims of the wife of such debtor for dower therein. XLII. That, in all cases where it shall be made to appear to the satisfaction of the said Court, or of the Judge thereof, that, there is reason to suspect and believe that property of any judgment debtor is concealed in any house, premises, or other places, not belonging to such debtor; such Court, or Judge, is hereby directed, and authorized, to grant a search warrant to the Provost Marshal, or other proper officer, to execute such warrant, according to the tenor thereof, and such marshal, or other officer, shall be entitled to the same protection, as is allowed by law, in execution of a search warrant for property reputed to be stolen or concealed. XLIII. That, whenever any person or persons shall be convicted of any offence, punishable with death, and sentence of execution tences of death, shall be accordingly pronounced upon him, her, or them, it shall be the duty of the Provost Marshal, upon receiving the warrant of execution from the Judge of the said Court, to make and do execution upon him, her, or them, so sentenced, as aforesaid, on the day, and place mentioned in the said warrant of execution: Provided, however, that no such sentence of death shall be carried into execution, until the said Judge shall have made a report, in writing, of such sentence, or judgment, stating the nature of the offence, and the substance of the evidence given on the trial, to be laid before the President, or Officer administering the Government, and the Executive Council of these islands; and, until notification shall have been given and received, from His Excellency, the Captain-General, and Governor-in-Chief, in and over the island of Jamaica, that the Royal prerogative of pardoning offences, will not be interposed. Absence of the Judge from illness or otherwise, how provided for. XLIV. That, if at any time the Judge of the said Supreme Court, in consequence of incapacity by illness, or unavoidable absence, or other just cause, be unable to attend, or preside at the said Court upon the particular day on which the same is appointed to be holden, as aforesaid; it shall and may be lawful for the Prothonotary and Clerk of the Crown, to adjourn the said Court for any time not exceeding seven days: Provided, always, that in any of the cases above set out, it shall be lawful for the President, or other Officer administering the Government, by commission under the great seal of the Colony, to appoint a fit and proper person to act as Judge of the said Court, during the absence, or incapacity, as aforesaid, of the said Judge, and the person so appointed, shall, for the time being, be invested with, and exercise all and singular, the powers, jurisdictions, and authorities, which, by law, are vested in and can be exercised by, the Judge of the said Court.* No. 7. Ord. No. 9, 1852. Cases wherein the Judge is interested provided for. XLV. That, whenever the Judge for the time being, shall certify to the President, or Officer administering the Government, for the time being, that, there is pending in the said Supreme Court, and personally then ready for trial, or hearing, any action, suit, or other proceeding, either civil or criminal, in the event or decision of which such Judge is personally interested, either as a party thereto, or indirectly, to such an extent, as in the opinion of such Judge, incapacitates him from sitting as Judge at the trial, or, hearing of such action, suit, or other proceeding, then, in every such case, it shall be lawful for the President, or Officer administering the Government, as aforesaid, to issue a commission under the great seal of the Colony, appointing a fit and proper person to act as Judge, at the trial or hearing of such action, suit, or other proceeding, and, the person so appointed shall as far as relates to such particular action, or other proceeding, be vested with all and singular the powers and authorities by law vested in the Judge for the time being: Provided, always, that, the issuing of any such commission shall in no way interfere with the powers and authorities of the said Judge, except so far as relates to the particular action, suit, or proceeding, mentioned and referred to in the commission of such acting Judge, but such Judge shall continue to exercise all and singular the general powers and authorities of his office, the issuing and continuing in force of such special commission, to the contrary notwithstanding. XLVI. That, whenever the Queen's Advocate, or other first law officer of the Crown, shall be absent from the Colony, or the said Court, by reason of sickness or otherwise, it shall be lawful for the Clerk of the Crown, or some duly qualified Counsel, authorized by the said Queen's Advocate, or other first law officer of the Crown, in that behalf, to conduct all pleas of the Crown, and enrol the judgments thereon.† Absence of vocate provided for. fice of the Judge, Provost Marshal, or Clerk of the Crown provided for. XLVII. That, upon the death, resignation, or other removal Death or remofrom office, of the present Judge of the said Court, of the Provost val from of Marshal, or Prothonotary and Clerk of the Crown of these islands, and afterwards from time to time as vacancies may occur in any of the said offices, it shall be lawful for the President, or other Officer administering the Government, to appoint a fit and proper person to officiate as such Judge, until Her Majesty's Royal will and pleasure shall be made known thereon, and the person so appointed, shall, during the time he shall act as such Judge, be invested with the same and like powers and authorities as if he had been appointed by Her Majesty; and also to nominate and appoint, by commission under his hand and seal, upon either of the above events, persons to fill the said offices of Provost Marshal, and Prothonotary, and Clerk the Crown, respectively: Provided, always, that, nothing herein * See this clause explained, Ord. No. 3 of 1859, post, No. 11 of this class. † See Ord. No. 3 of 1859, sec. 2. See Ord. No. 3 of 1859, sec. 3, post, No. 11, of this class. |