Art. 315. Whenever a party who has succeeded in obtaining a Sentence, J u d g -ment or Decree, in a suit determined by the Court, or who has the faculty or pri~
>ile*e of suing out immediate Execution against his adversary, under colour or pretence thereof causes the same to be directed or executed against another or third person, residing within the same jurisdiction, not mentioned in, the writ ;—
or procures the seizure thereunder, of goods which are not liable thereto, or otherwise extends the operation and Use of the writ, beyond what he is entitled to by the tenus and provisions of the sentence, judgment or decree of the Court ; - o r where the Defendant alleges payment and satisfaction of such sentence, Ac. and tóe same is disputed on the other side : - a n d in general whenever one deems him-self oppressed or aggrieved by any unusual severities or hardships practised against him, not strictly authorized or necessary, in the course of the execution of a. writ, or conceives that any informality or irregularity has taken place in the issuing, or manner. of elocution of the writ, he shall be at liberty to apply to tha
C o u r t o n any of those grounds by petition, praying a writ or Mandamus, whereby he may be admitted in opposition, with a penal clause directing the discontinuance of such execution. In consequence of which petition, before any final order being made, the parties shall be directed to attend Commissioners of the Court, with or without stay or suspension of the execution, according as circumstances may ap-pear to s q u i r e ; after which and the issuing of the process, the Commissioners
shall proceed to inquire into, and decide on the matter in a summary way.
Of Insolvency and the mode of Proceeding in Litigated Matters and Questions of Priority or Equality, between Creditors.
Art. 316. Whenever at the instance of one or more creditors, an estate has been declared Solvent by the Court, or is represented so to be by the heirs or representatives of the deceased, the same shall be taken charge of, and administered by the Register, under the authority and direction of the C o u r t / o r the P r e
-sident thereof.
' A r t . 317. In such case, the Registershall be required immediately, in presence of two witnesses, to put the property of the deceased Insolvent under seal, to take proper care thereof, and. with the least possible delay, to p a k e an inventory of the
3 a m e . ~ ï n case the estate or inheritance is of any considerable extent, the inven-tory shall be taken in presence of Commissioners of the Court.
Art. 318. He shall also diligently inquire, whether any part of the estate has 'been embezzled ôr concealed, of whether any thing has been done in fraud, of to 'the prejudice of the creditors, by any person or persons whomsoever.
Art; 319 Thereupon, a Mäij of six. weeks shall be -allowed to the parties, for entering into a composition or agreement among themselves; after the expiration of which period, the property shall be put up to sale by Public Auction, under, the order of the Court, in the presence of Commissioners of the Court, iR
the manner prescribed with respect to Styles, under Executions. Provisions and Bona peritura, or any other articles liable to loss or decay, shall be sold withia a fortnight in the same manner, and the Register shall use all possible diligence in.
collecting the outstanding debts, and otherwise promoting as much as possible, the interest of the estate and'creditors.
Art. 320. All the creditors both present and absent, having been summoned tö bring forth their claims, and to hear the Judicium Prefer enti et Concurrent held in the manner and within the time prescribed, under the head of Preference and Concurrence, &c. In the event of their not having succeeded in effecting a Composition of settlement among themselves, they shall, on the day appointed, prefer their claims with the vouchers and proofs thereof, to the Court, and fur-ther proceed to litigate with each ofur-ther, the Priority of ,E'quality of (heir sev*
eral Debts in the manner prescribed in cases of Executions, &;c.
Aft. 321. With respect to the disposal of the estate, the provisional pa vments atid the distribution of the monies arising therefrom, the Register and the several creditors shall proceed, as directed in the preceding article of Priority, &c.
Of Revision,
Art. 32a. If any person should deem himself aggrieved by any Judgment, D e -cree or Sentence of the Court, arid desire to obtain a Revision thereof for error committed ; he shall be at liberty to apply to the Court, for a W r i t Or Mandamm of Revièion by petition, shewing the particulars in which the error is alleged to have been committed, and depositing with the Register, the usual fine in Revision amounting to eighty R i s Dollars.
Aft. 323. Such petition must be presented within the space of two years from the date of the judgment, &c. including the date of the obtaining and issuing of the said Writ.
Art. 324-. After the issue of the said writ, the Petitioner shall, on the return thereof, be obliged to bring on his Petition, insisting on the grounds alleded, and
139
praying that bis application may be granted'without arty further process on his part, and the other party in case he has no special objections to make thereto, shall put in his answer contending generally, that the Petioner's application ought to be denied, without entering into any further particulars or statements on his side;—to which the former shall reply^ and the later re-join.
Art. 325. The debates having been thus c o m p l e t e d ^ both sides, the parties shall, on the following Court day, deliver in and mutually interchange their respective schedules and inventories; and each for himself (Hinc inde) pray j u d g -ment in his own favor.—Such schedules and inventories shall only refrr to the several papers and proofs adduced in the proceedings in revision ; and besides the writ and pleadings appertaining thereto, the parties shall not be permitted to give in any further papers, save only one statement or deduction, containing the points of Law on each side.
Art. 325. The Petitioner within three months after the Commencement of t h e above Proceeding in Court, shall apply to Government, by a further Petition, praying that a commission of Joint Revisors in the nature of Provisional Judges may be appointed, (equal to the number of the Members of the Court, who sat at the trial of the original cause, and were present at the passing of the final judgm-nt, &c. and who may be then living, ) be nominated and 'appointed, for the purpose of investigating, and if necessary revising, the aforesaidj udgment,
&c. and proceedings alluded to.
Art. 327. The several Individual Members so appointed, shall on a proper summons, appear and respectively take the following Oath, to wit :-~
Form of the Oath.
" Ï A. B. do solemnly Swear, that I will pay due respect to the President and ' Members of the Court, that I have not given any counsel or advice in this
r cause, and that. I will deliver my opinion, sincerely and faithfully as i i con-' science and equity Ï am bound to do, without favor, partiality or affection to
" any one,
" So Help me G o d . "
Art. 328. In case any of the Members of the Court had been absent, at the time of passing the original judgment, &c. he shall nevertheless be allowed
•R-x-officio, to occupy his place, during the proceeding in Revision, without any increase of the number of Revisors in consequence thereof.
Art. 329. In the event of the decease of one or more of the Members of the Court, who were present at the former decision, in the interim, or oftheir
ab-3ence, on the day of Revision; a similar number of Revisors shall be put aside fe
and he di.pen.ed with by the C o u r t / w i t h o u t the necessity of admiairfering to them the above öath.
.-Art 330 No paper, „or exhibit, w h a t e v e r shall be allowed to be introduced
« made nie of, b v anv of the partie» at the above investigation, which were not be-fore a v « e d ». „pon the origioal trial, and especial!, no exception, „or qucstmn, . „ anv collateral «ratter.;- * « be allowed to be submitted to the J^es '-„ « . . „ ( „ „ „ . b u t the « m e »hall be brought before the Cnnrt e x c l u d e ! , , and de-' c i M . « « ( d i e s A Law, in the usual manner, in the first « # & and before a n ,
proceedings are had in Revision.
1 A r t 331 The BsßnäU, U Reviùon, .hafl nnt he allowed to retaliate b ,
„ , , » nf anv actio,, or complaint » M * * M i * he dee™, himself injured b , the origin.« sentence, ^ « * « * he m a , himself appl v for and see en , w ti t for thet purpose, depositing the „ , „ « ! fine léRe^U.n : and he snail b . permitted to proceed, i„ the same manner a, directed above, with re,pect to h,s
ad-v c r s ar , ; and both ca,e, shall be brought on and determi„ed at the ,a,ne t,m«.
Art 33? After the proeeed,ng8 have been ope„ed . „ d r e a d in the presence of
«be C o b « , ànd.nf the Rigors or , / » d , eS „ R ^ n , and t h e , shall have corn-i c e d delcorn-ivercorn-ing thecorn-ir ve.es ; ,be „ t t e r shaH no, be aUowed to . a . « « . tacorn-il all {be votes have bee» given, and a final decision made.
A,., 33S The above preceediogs io K e Ä i , shall not operate to step the
M, , „ i o „ of the original jndgment, if the doing so be not attended with i n e n t , able consequence, to the p a r t , ; and at the expiration of ten day, from the date of pronouncing the original .judgment, decree or sentence, e m o t i o n m a , be a lowed to issue thereon, without a„v previous security . - b u , ,f the p a r t , condemned o, the , „ r i . i n . 1 ,ui«, should within that, period, file h i , petition fer a re-heanng or
Kt\tn„n- in that case the triumphant p a r t , requesting the execution, shall be bound te'give secoritv. to refund the amouut which m a , be levied by hu* teere-n d e r , iteere-n casethe proceediteere-ngs should be revised, or the judgmeteere-nt, 4 c . set as.de.
Art S 3 * But should the consequences of sdeh execution be irremediable,
«he p a r t , condemned shall have a right of stopping the writ from being sued out, by pobliclv declaring in Court, i„ ópen Co„rt, within the above space o f t e n
d a , , ; his intention of applying for a re-hearing. I „ which case the rtutffc*
„ , , , „ m a , a p p l / t o Government, praying that a„ e a r l , d a , m a , be a „ , g „ e for the prosecution of the proceedieg in * « * < » » , * **> »f «? '™ %*>
declared tó; in consequence of which, the co„dem„ed p a r t , w d U o t h a a right of making a n , further application, to the like effect.
'• Art 33Ù. Sentences, judgment, and decree, of the Court, relating to the, righ
„f possetóem to real property, InUrlo^r» Jui^s an* A « * * * * - >
II
evîsed aöd amended by final ones, and such as do not'imply any -le°-al ma or Infamy on the party condemned, or any important legal prejudices or disabilities, and also sentences, judgments and decrees, founded on the voluntary consent of parties, as well as generally, all other matters in which by Law and the existing regulations, no Reformation nor Appeal is allowable, shall not be liable to Revision.
Given in the Government House, at Molenvliet, this 21st day of January, 1812.
By me the Lieutenant Governor of the Island of Java, and its dependencies,
(Signed) T H O S . S. R A F F L E S . By Order of the Honorable V
the Lieutenant Governor >
in Council. }
iigȎd) J . DAVIDSON, Act. Sccty. to Govt.
Here follows the'Table of Fees, f or the several Officers of the Courts of Justice,
•^—•vide • Appendix A,
F O R T Ä E
MAGISTRATES • '
OF