Art. 123.—The parties having attended in Court on the day fixed by the Corn- , d o n e r s (whether a provisional restitution has or has not been awarded by V , ) the Plaintiff shall be at liberty to institute and exhibit his action in the Court to be maintained and quieted, in his possession of the property in suit, and laying either absolute o r conditional restoration by the Court, without being oblio-ed to famish his adversary, with copies of the deeds or evidences on which
^ grounds his right.
Art. 124. T h e Defendant having been allowed the usual delay, shall at the Miration thereof, be required to file his answer to the Plaintiff's action, with liberty however to retaliate, if' he thinks 'fit, and to file a cross-suit against the Huntiff. insisting on being himself decreed to the provisional possession of the
!>rop£rty in question, on his own right ; which shall be brought to issue in the ordinary way according to the usual course of proceeding, and the deeds and e n -W s appertaining to such controverted rights having been entered m a proper
Sc"edu!e, the Court shall proceed to make a decision thereof
Art. 125 After which the whole case shall be brought to a hearing before tlft Court upon the merits, as to the PoSsessoria Plenario, and tried in the same
man-**r and form, as is prescribed with respect to other actions originally instituted fa
^ C o u r t ; on which trial, the-Deposition sworn before the Commissioners eu $ f
fürt the previous îriqtfesf, shall not be taken as e v i d e n t agaifist tlie Defendant unless sworn to in Court, and brought in forma pro banti before the Court.
Art. 12&. After the naked right of possession shall have been in such tots» j by , 'prosecuted, settled, , n d decided upon by the Court ; - a n ' action, founded on f
*it&, may be instituted, according to the usual forms, and in due course of la*
Of Maintenue.
Art. '1er.. Where a party is hindered, disturbed, or molested by the a * W o n g of another, in the enjoyment or quasi possession of an estate or Ä property, which he has not held for the full term of a year and a daj,(
in case a longer period oftirne^haU have been allowed to elapse from the *>
c f the trespass, molestation, &c. complained of; he may apply to the ( V for a writ of maintenue, that He mav be m ainu i ^ j : . L
may oe maintained in the possession, i}uasi possession of his estate, immunities, rights, benefits and inheritances *, belonging thereto, and the party adverse shall be ordered and required mke adéquat, and proper compensation fethe injury done, to pay the co and expences sustained, wifb a perpetual injunction never to molest i Plaintiff; and in case of opposition, the Defendant and all such other persons "
may have objections to the execution of the said writ, shall be appointed <*
certain day, to appear before the Court, and state the reasons thereof, and!"
present at the filing and exhibiting of such suit or action, as the Plaintiff, ' that day, may chuse to prefer; to answer the same, as well as 'the application t(
be provisionally re-established and maintained in possession, and further to **
and proceed as the law directs; which form and proceedings shall be conform J to those prescribed in the foregoing articles.
Of Spolium (Trespass; Waste, 0cA
Art. 128. Whenever a person is forcibly and Vi et Armis, ousted and P«!
out of the possession of his property to which he has a lawful title and ',i*M J - m a y , in the first instance, aP P!y to the Court by petition, praying a writ •>
Mandamus to the Defendant, enjoining him to desist from interfering or meddling therewith, and to suffer the complainant to continue in the free and «.disturb**
enjoyment of his property, to make him compensation for the damages occasion^
by the trespass complained of, as well as for any consequential losses which ' * P W ! f f may have sustained, and to pay the costs of the s u i t ; and in case oi opposition, the same proceedings sli-.il k„ r n J
P f l U , & S s h a 1 1 be followed, a s noticed m the oreceediog
ia«
further forms and modes of proceeding as are usual ; with this difference only, thai the Defendant will not be allowed in this case, to institute any intermediate action, Pj Way of cross -suit, against the Plaintiff.
Of Penal Writs.
Art. ISO. Where a party takes upon him to do an unlawful act, which in its consequences may tend to the injury of another,—or where any person is appre-hensive, that something may be done by another to his prejudice or disadvantage,—
°f where a prosecution is commenced against a person by another, from malicious
°r vexatious motives, without any just cause or ground, to his injury and
*rong ;— the parties who may deem themselves aggrieved by any such acts or
at-^ßipts, may in the first instance make their complaint to the Court, and pray ttat a writ cr injunction may issue to the offending parties/ with a penal clause Nérted therein, commanding them to refrain from such conduct, on penalty of
a certain considerable fine to the Supreme Executive Power • and that in case of
•^obedience, the said penal clause may provisionally be allowed to take effect
atHl put in force, until the Court may think proper to direct otherwise ; and ßat in the mean time a day be appointed for the Defendant to appear before the
C"«rt, and that he may be required to proceed in the matter, according- to law
1 Jtl the usual manner.
of course ; but in lieu thereof, a simple order may be issued, with a clause
reserv-«og the Plaintiff's right to sue out and avail himself of such a writ, on the return f the said o r d e r . - % also the Court may grant the penal clause adcertum diem,
n which case the Plaintiff must, on the return day, pray that it may be allowed
0 continue.
d
Art. 132. So also the Plaintiff k his petition, shall be authorized to pray, that clause be inserted in the writ, by which he may be permitted to remove, any
u»*ance or erections made on his premises, to his injury, and for a continual
^fiction and perpetual injunction to the Defendant, from doing thejike again.
Art, 133. If the Defendant should disobey such penal order or writ, and Regard the injunction therein contained, the Plaintiff shall be at liberty to Pply for another penal writ, grounded'on his opposition to the former, for the
8*1 h
e of obtaining immediate satisfaction for all damages sustained in consequence hereof
Art.( 134. Where a penal'writ is issued, the D fendant may, if he thinks fit, P y to the Court, to appoint the return thereof at a shorter day than originally ôî
, ; and so toavidzM the PIui»USf^but he .»m not be permitted, Aon to plead any exceptions to the competency or jurisdiction of the Court.
Art. 135. Further, the Defendant may, on entering his answer, pray that the f u n c t i o n ' be dissolved, and that the writ do «and for, and be converted, into t simple process.
Art. 136. And as well with respect to the dissolution of the injunction, an exemption from the penalties thereof/as with respect to the eventual hearing of such case, the proceedings shall he the same as in all common actions, originally instituted in the Court, save only as to the party's declaring his submission to the writ, which shall be done in the same manner as prescribed m eases of civil arrcsh in the following articles.
Of Civil Arrests, &c.
Art. 137. Whenever a party may have cause and grounds of proceeding;
against eithet the person or goods of his antagonist, he shall be at liberty to apptt for a writ for that purpose/to be granted by thé Court, or by the President whe»
there is periculum in mfcrtb for, the apprehension of the person, or seizure of M goads, s t a t i c at the same time the cause of the complaint, the grounds of s j i application, and a n t i n g all the document, upon which be founds his claim, a«
conceives himself entitled to such a'process«
Art, 133. But no personal arrest against the body, or seizure of goods, sha be «-ranted, in cases where the Defendant is an inhabitant of the districts with!«
the jurisdiction of the Court in which the application is made, and who has b fixum domicilium therein, except when some strong suspicion arises, that I intends to quit the jurisdiction, or is about to remove or alienate his property,JÖ
fraud of Ms creditor; or where the complainant has any legal or equitab mo or lien, on any part of the Defendant's real, or personal property, '
bieb hè may have a particular claim on that account.
Art.' 1^9. Subjects of the British Government, Who, have their fixed reside)?
in any particular part of the island, within the jurisdiction of any of the CoUf
6f Justice] shall not be allowed elsewhere, by process under any local jurisdiction where they mav casually happen to be at any time, to arrest each other, u n ^ for debts, or contracts entered into in such foreign jurisdiction, or for o special causes, which by law.may render them subject thereto.
Art. 140 Neither the persons nor goods of foreign ambassadors,, public a ge r
of native princesi or other persons whatsoever, (who are privileged by lav?,
,} p tiff
xesson of their public capacities,) who may come to the Island, for tue transac 'of public affairs, shall be liable to such arrests or seizures,
105
"Art. 141. After the issue of the aforesaid writ and the due execution thereof by the tipstaff, as well against those in whose custody the goods were taken, as against the party chiefly concerned, the Plaintiff shall, on the nest Court day appear, on pain of having the process set aside by his default; on which day he must support, and insist on the continuance of such arrest, and the Defendant must profess his submission and obedieace thereto; whereupon the Plaintiff shall be required to proceed ia his action, according to the usual course of the Court.
Art. 142, Arrests or seizures of property, founded on an absolute claim or right of the Plaintiff, on mortgage or other lien, or made under a final execution upon a judgment obtained, shall not be liable to be set aside upon security, until after the usual proceeding and investigation had in Court. In all which case«
therefore, a clause shall be inserted in the writ, after the words ( and in case of opposition) to the following effect, viz. -the aforesaid arrest to remain in
force, until after hearing the partis,, and investigation being made, the Courtshall direct otherwise %c—summons, $c.
Art. 143 But arrests ad-foundandum jurisdictionem, and all other arrests
*ot herein before motioned, may be avoided at the request of the Defendant, upon his proving a domicilii citandi and executandi, by giving secunty to abide the judgment which may becnentually given against him by the Couft;
and therefore in writs issued in such cases, the following clause shall be msert-U f t e r ' t h e words (aad m case of opposition,) »the aforesaid arrest to remain
« in force mless afier the parties snail have been heard, the Court may direct
»otherwise; or until the Defendant shall give sufficient security to, abide the
"judgment offne Court, Resummons, See.