^ t y it may be, in the name of the Supreme Executive Power, under the
autho-rity of the Court, the usual fees on such occasions being paid by thé proper
Parties;
-Art. 260. And-in'.ease'thei ^ipstaiï should experience any difficulty or opposi-tion in so doing, the several Officers' of the law, shali by order of the' President and Members of the. Court, be required to give the necessary assistance, for the purpose of compelling obedience., and effectually carryirsg the decree and order of the Court, into execution.
Art. 2 6 1 . Should the highest bidder omit to deposit the money hid, with tte Register of the Court, on the day of the-issuing and sealing of the aforesaid Weeree, the property shall be again p u t up to sale, on the first Court day
follow-ing, at the risk of such bidder who will h'e held liable, to make good any deficien-cies that may arise in consequence, under a Summary Execution, and shall ft*"
feit any advantages that nray accrue from an encreased price.
Art. 262. B u t i n case the deposit should be regularly and punctually made with the Register as above mentioned, and no' Caveat or objections have be^1
entered against the same, t h e amount shall be delivered out, and paid either &
the Plaintiff or Plaintiffs, or to the claimants, if-any there be ; or otherwise »P' propriated, according to the tenor and provisions of the decree.
Art. 263. When all incidental questions on the matter of the sentence and execution have beea fknîlly àecidèd, the Register shall deliver info the Court' ins account in writing, of all receipts and expenditures, containing every item spe-cifically and particularly, as also of all lawful and Uecesfary costs and char**
incurred, &e. &c. which account, if required, shall be furnished to the partie»
concerned-, who will be at liberty to dispute the items and object thereto, if the/
or any of them may think fit.
Art. 234. Should any. surplus remain in the hands of the Èegister,'he shaft tender the same to the Defendant, but in case the Defendant refuse to ac-cept thereof, the amount shall abide the order and disposition of the Court, «*
msiy be most fit and proper.
ArtA2G5. In case the Defendant be not possessed of any moveable or irmuovß' able property, stock, credits, or other rights, within the jurisdiction of the Con&
out of which execution is issued, or in case the property seized and sold within such jurisdiction, prove not sufficient to satisfy the whole amount recover«1* against the Defendant; any further goods or estates which he may .possess, withi*
the jurisdiction of any other Court in the Island, shall be in the same manner lia-ble to be taken and sold :—and in this, case, -Letters of Request shall ba trans-mitted to the J u d g e or Judges of such Court where the property may be, to Ü*5
cad that the same may be retained subject to, and sold towards satisfaction of ^ original sentence, &c.
129
Art. 266. But in case the condemned party has no goods, or estates, real or personal, so that nothing' can be taken in execution, he shall be liable, upon the application of the Plaintiff, to be taken into custody, and confined in goal, under a further writ or order of, the Court, at the charge and expence of the Plaintiff«
according to the present or any future regulations, which are or may be made^ 00 that subject.
Of Willing or Voluntary Decrees, &c.
Art. 267. In cases where contracts are made between a Vendor and Vendee,' conditioned for the transfer and delivery of a property, on an amicable suit* unäeff a Voluntary Decree of the Court ;—or where the Vendor has warranted the estate sold, free of all incumbrances, and apprehends that any person is about to make any claims or demands against the same to his prejudice ; he may apply to the Court by petition, for a Mandate of Writ, with the usual clause of Citation and Notice against the parties concerned.
Art. 253. A.ul such Mandate or Writ shall expressly convey authority, to the Tipstaff of the Court, to publish the sale of the Property in question, three suc-cessive times, at intervals of eight days, and to summon all persons who have or pretend to have any mortgage or other claim of servitude, or otherwise, upon the lands or houses about to be sold, and also all Creditors or Claimants thereon, who may be either absent or unknown, for the purpose of bringing forward their seve-ral claims before the Court, 01 pain of a Perpetuum Silentium being decreed against them, and of the estate being absolutely conveyed without any reservation!.
Art. 283. In this proceeding, the Tipstaff will not be required to repeat hi«' summons on the parties in default, unless judgment of default shall have beea previously passed against them by the Court.
Art 270. But should any person or persons, in consequence of such notice, ap-pear in Court on the day appointed, the Petitioner must then enroll his cause on the list, and bring the same on to a', hearing, and then and there pray, that a de,-crée may be awarded to him by the Court, pursuant to his Petition.
Art. 271. And in case such person or persons appearing shall put ia a plea, or answer'thereto, or pray time for that purpose, such of the parties as may be in de-fault by their non-appearance, shall have a judgment of dede-fault passed against them, and another summons issued thereupon, at the instance of the Petitioner.
Ait. 272. After which, should the parties appear on the second or third sum-mons, they will be required in the same manner to file their answers, unless they desire time ; but it shall not be required of such parties^ to purge themselves of their first or second defaults above-mentioned.
"1
Art. 3T3. T h e absreateefs however,-not making their'appearance' upon the se-cond summons, a sese-cond j u d g m e n t of default shall be given against them, and a
% î r d summons issued ; and if on such third summons they still omit, or fail to ap-féSr, a third default -shall in like manner be entered ; in consequence whereof,
t h e Petitioner shaJl be admitted on the next Court-day to proceed with his cause ; iwhen' a fourth summons ex super abundanti, against the absent parties shall be
granted, preparatory to the Petitioner's producing his proofs, in support and veri-fication of his case.
Art. 27*. After which, no claimant will have a right to be admitted, unless
"he hns previously, by sufferance of the Court, been allowed to purge himself of t h e third Default ; which done, the action «hall he proceeded upon, and the
argu-ments and proofs on both sides heard and decided by the Court, in a summary way.
Art. 275. When the Voluntary Decreehas been once entered, anda Perpet uum Silentium imposed, on all persons who before pretended to possess claims on t h e e s t a t e , of mortgage, servitude or otherwise, they shall be thenceforthbarred and precluded from preferring or prosecuting any claims against the vendor, by action at law or otherwise—nevertheless, it shall be permitted to such persons if
they think fit, or any of them, to petition the Government for relief, against the effects of such voluntary decree, so far as it affects their or any of their interests ; which petition ïn that case shall be referred to the Court, for further discussion and investigation.
Art. 276. And in case one or more persons feeling interested in the matter, should impeach or object to such Voluntary Deóree; the p r o c e e d i n g s ^ the case, as also the action, and proofs formerly adduced, against the absent parties, shall be laid before the Court on application, and a decision immediately made thereon by
the Court.
Of the Commutation or Conversion of Willing or Voluntary, into Unwilling or Involuntary Decrees, &c.
Art. 277. As it has been already provided, in cases of Execution* in Real Actions, that notwithstanding the discovery of mortgage or other claims on the . Lands, Houses, &c. seized, the Tipstaff may proceed on with his w r i t of
execu-tion, with respect to such property ; in like manner, the Defendant or owner of the estate may be at liberty to sell and dispose of it, in the most beneficial manner, but he will not be authorized finally to alienate or transfer it by a legalconveyance, except .by consent of the Plaintiff, and after obtaining the conversion of the Involuntary.
into a Voluntary decree or judgment, &c.
131
Art 278 For which purpose, the party against whom the writ has been issu»
rd shall present a petition to the Court, setting forth the nature of the process taken out against him, the progress made in the execution thereof, and the fact of hi, having sold or deposed of the property, taken under the. execution, to h » utmost advantage, with the amount for which sold, and the name of the
purcha-s e ; and praying in conpurcha-sequence, that the Court may he pleapurcha-sed to Commute the former Involuntary, into a Voluntary decree or j udgraent, &c.
Art 919 Upon reading which, the Court shall make an order, that the peti-tion be brought on in Judicio, in the presence of the party Vattorney who sned out the writ.
Art. 280. And the petitioning party shall be obliged to enlist his petition on the roll, in the usual form, in order to the same being brought to a hearing.
Art 231 In case the Plaintiff or party who sned out the writ consents, or fails to shew .officient cause to the contrary ; the Court shall, in favor of the p e t . tioner, ai low the I »voluntary,.to be commuted into a Voluntary Decree.
Art 282 Upon condition however, that the costs of the former proceeding, and writ of execution, be in the first instance refunded out of the proceeds of the sale, and that t h e amount thereof do regain in deposit, in the hands of the R a s t e r of the Court, to be disposed of under the order of the Court, upon a due console-ration and adjustment of any claims preferred against the same, and of the ques-tions of the controverted rights of legal priority, or equality of the different
claimants. ,
Art 283. For which purpose, the C o u r t s h a l l , in favor of the party against Whom the writ issued, award a further process, whereby all the claimants against t*e proceeds of the estate shall be summoned, as well those who m a y b e present as others living abroad, to appear before the Court, and pursue such proceeding«
with respect to their several interests, as are prescribed under the preceding head of Voluntary Decrees, &©.
Of Preference, and Concurrence or Equality between Creditors, as connected with the subject of Executions.
Art. 2 3 1 The proceedings in the case of Involuntary Decrees, &c. or of such as are commuted into Voluntary Decrees, &c. as well as on any other incidental or collateral matter relating to executions being closed, the party who obtained the writ of execution, or one of the parties jointly claiming with him, shall be at liberty to issue a summons, inviting all the different claimants and creditors,
inter-ested'in the proceeds of the sale made under the execution, and remaining in de«
posit with the Register of the Court to come in, asd in a summary wav to lifigä«
•tteir differed demand., as well as their rights of Priority or Concurrence • for which purpose, each party shall be at liberty to deliver, in to the C o u r / h i s claim in writing, with the proofs thereof, and a schedule of theoapers reûtin*
thereto; of which they shall respectively be entitled to take out copies, and to
« e o b j e c t i o n if any they have, within the space of eight d a y s ; after which period, no further proceedings will be allowed.
Art. 285. The Court having adjusted the several rights, and directed the appropriation of the money i„ deposit, or if the parties themselves have entered into composition, agreeing to divide the amount; they may petition the Court for an order to the Register to deliver out the same to them, to be distributed according to their own agreement, or else in conformity to any -decree which may have been made by the Court.
Art. 286. After such appropriation and delivery of the deposit money out of the Court, any other person appearing and preferring a claim as a creditor shall not be e n t i t l e d > have a renewal of the above proceedings, without previously - obtaining special relief from Government, hy Restüutio in Intern, and agree!
apg to pay all the costs incident thereon.
Art. 287. If in cases of Involuntary Decree.. 4 c . no claimants should appear, and there be consequently, no cause of investigation as to priority or equality of debt,, the triumphant party at whose instance the writ of execution issued, shall enter h i s ^ t i t i o » on the list of , « # a s \ve]] ^ t h g
R e n t e r of the Court, who holds the money levied under the e x e c u t e , as the party against whom the same was directed, praying that he may be allowed to receive a competent portion thereof, equal to the amount of the c r ^ m n a ion money and costs recovered by him, or as far a, the mqaeyjn d e p o ^ may * 4 d to discharge the same; which request shall be accordingly granted on hear-ing the Register, io, a summary manner.
Art. 288 Should any overplus remain after such payment, the D e f e a t may request, that the s a m e raaj b e p a i d o u t toMm; ^ ^ a ^ ^ j ^ quiry, and by the consent of the Plaintiff and of the R e n t e r , s h a l l b e c o n r ^d
with, unless other creditors or persons interested, in the mean time come forward and lay claim thereto.
Of Civil Custody.
Art, 889. All sentences, judgments and decrees of the Court, with person-al condemnation against the parties, to perform a factum or particular ,ct, as well a. all such as affect any public Bodies, or I n s t i t u t i o n Curators or Guardians, Atorntc, Executors, &c. shall be carried into execution, ia the following mau-ßer.
'ci O OÙ
Art. .290. If the party condemned, neglect or omît 'to "perform such sentence w decree &c. according to the tenor thereof, or refuse to comply, the Tipstaff shall, after ten days from the date of the same, require him so to do, and re-peat such warning every twenty four hours, by summation and renovation ; at tthich last, he shall appoint the parly to appear on a given day, at the dis-tance of eight days' at least, within the preccincts of t h e Goaler's dwelling be-fore sun set, and there to remain under his charge until he shall have compli-ed with, and performcompli-ed the sentence or decree of the Court, or until further order, on penalty of ten rix dollars, and requiring him at the same time, on the
»est Court day, to appear and • stand • to such farther proceeding ör order, as öiaybe made or carried on against him.
Art. 29 1 . It is however to be understood, that the aforesaid party shall not;
be considered to be in actual or close confinement in the (Boater's house, as it is sufficient if he appears therein once in the d a y ; of which circumstacsce, the gOaier shall enter a note in his b o o k .#
A " •• ,
Art 293. When a party is confined at the suit of another in goal, on a civil process, the latter shall be obliged to give security to the Goaler, for pay-ment of all chanres and expences which may be incurred, on 'account of the maintenance of his debtor : - i n default whereof, he will-be suffered to go at large, ^ o b t a i n i n g a certificate from the Goalerto that effect ; which certificate Ae debtor shall, if necessary, exhibit into the Court by his Attorney. In this Case, the creditor will be deprived of the benefit of-his execution, with liberty to tim however, if he thinks fit,'to commence his action de novo.
Art. 293. Should the party condemned, on the summons of the Tipstaff as above not ren 1er himself into custody, and his appearance be not entered in t h e book of the Goaler, a return shall be made thereof to the Court, by the Tipstaff, H e n judgment of default shall be entered airains* U n in the Court, on a Regular Court day ; and a second summons shall be issued against such party, requiring him to render himself into custody, accompanied by a warrant for his apprehension and detention, with condemnation in a fine of ten rix dollars.
Art. 29*. If on the contrary, the party condemned makes his appearance on the summons of the Tipstaff, but has not within eight days made any objections, to the legality or lawfulness of his confinement, or shewn a disposition and Willingness to 'fulfil: the sentence or decree of the Court, on his p a r t ; he shall be liable in the above . » « e r at the request of the Plaintiff, to be taken into ac-tual custody, and placed hi close confinement.
Art. 235. T h e Defendant having been take» into custody, and remaining w
confinement for the space of fourteen days., without fulfilling such sentence or decree ; the Plaintiff will be authorized t o exhibit an account of the damages and expences incurred by means of the Defendants obstinate continuance in cus-tody, and non-performance of the sentence &c. aforesaid.
Art. 296. W h i c h account of charges, shall by order of the Court, be supplied to the party in custody for his answer or objections, which must be put in withm eight days, on penalty of a peremptory judgment of default; after which the cost«
and damages will be assessed and settled by the Court, at a certain pecuniary sum.
Art. 297. In order to the obtaining payment and satisfaction of the said char-ges, &c. so ascertained and allowed by the Court, the Plaintiff shall have a rigW to issue an execution against the Lands and Goods of the Defendant as .prescribed .under the head of Executions on Involuntary Decrees.—But nevertheless tb«
Defendant shall be compelled to remain in close custody, until the Plaintiff sbaij .have by such means, obtained full satisfaction of his demands, including his daifl'
ages and costs, &c.
Art. 298. In case however, the Defendant has submitted to render h imself in custo' dy on the first summons, he shall be obliged on the first Court day following, tl appear in person coram Judicio, when he will be at liberty to pray an investigation as to the legality of his imprisonment, and that he may be heard thereon before' Commission of the Court, or permitted to compound, and make a settlement w $ his creditor.
Art 1299. Both parties having appeared before Commissioners, and B°' being able to effect a settlement, their mutual debates with the statements, afl' swers, replies, &c. mutatis mutandis, in the form of ordinary pleadings in a"
action, shall be recorded by them ; after which the whole proceeding shall b^
action, shall be recorded by them ; after which the whole proceeding shall b^