glect.

Penalty for ne grieved, a Fine or Penalty of Five Pounds, over and above the amount of all Sums due from him, and all Papers, Books and Documents, or other things retained, or the value thereof.

Buits against
Constables, &c.,

to be instituted
inname of party
aggrieved.

Bailiff's Sure

ties allowed to certain condi

withdraw on

tions.

Sureties not liable on any

fresh Writs.

XLIV. All Suits against any Constable or Bailiff, not absconding or absent as herein before mentioned, or against his Surety or Sureties, under and by virtue of this Act, shall be instituted and conducted in the name of the Party or Parties aggrieved.

XLV. The Sureties for a Constable or Bailiff Constable's or in any Bond, or either of them, shall, at any time, be allowed to withdraw from being Sureties or Surety for such Constable or Bailiff as aforesaid, on giving Notice, in Writing, under their or his hands, stating their or his desire to be relieved from being Sureties or Surety to the Clerk of the Court under this Act to which the Constable or Bailiff belongs; and the said Surety or Sureties shall not be liable on any fresh Writs, Executions, or other Process issuing out of the said Court, which, after the due delivery of such Notice, may be placed in the hands of such Bailiff or Constable; but the said Bailiff or Constable shall, nevertheless, have power, perfect business and he is hereby authorised, to perfect and in his hands; for complete any Business in his hands which may have been commenced, but not completed, at the time of such Notice as aforesaid; and for the due and faithful exercise and performance of his Duties therein, the said Bond shall, and it is hereby declared still to be good and valid against such Constable or Bailiff and his Sureties, until such Duties are fully and finally discharged and performed, notwithstanding such Notice of Withdrawal as aforesaid: Provided always, that if such Constable or Bailiff shall be able to find new Sureties or a new Surety in any

Empowers such
Bailiff, &c., to

the due performance of which, said Su

reties shall be

still liable.

Permits Bailiff,

&c., to find new Sureties, &o.

if they

such Bond as aforesaid, the Court may,
think proper, reappoint him a Constable or
Bailiff of the Court, on his entering into a fresh
Bond with such new Sureties or Surety.

XLVI. No Attorney or Counsel of the Supreme Court shall be allowed to speak on behalf of any Plaintiff or Defendant in any Court constituted under this Act, unless such Plaintiff or Defendant be absent from this Island, and such Attorney or Counsel shall be his authorised Agent therein: Provided always, that nothing herein contained shall prevent or be construed to prevent any Person duly authorised, other than an Attorney or Counsel of said Supreme Court, from appearing on behalf of any Corporate Body, in any Cause or Matter, before any Court constituted by this Act, in which such Corporate Body may be con cerned, either as Plaintiff or Defendant; but if the only authorised Agent of such Corporate Body in this Island shall be an Attorney or Counsel as aforesaid, then he may appear for such Corporate Body.

XLVII. When it shall so happen that any Witness, who may be considered necessary to be produced on the Trial of any Cause under the "Provisions of this Act, is obliged to leave this Island, it shall and may be lawful for any Commissioner, after due Notice in Writing to the adverse Party to be present, if he shall see fit, to take the Deposition of such Person obliged to leave this Island as aforesaid; and such Deposition, so taken and certified, under the Hand and Seal of the said Commissioner, and directed to the Court wherein such Suit or Action may be pending, shall be received as legal Evidence in said Suit: Provided, that Proof shall be first made, on Oath, that due

Absconding Debtors, how proceeded against.

cation.

ment.

written Notice was given to the adverse Party of the time and place of taking such Deposition, at least Three Days previous to the day appointed for taking such Evidence; and provided also, that if such Witness shall, at the time of the Trial of the Suit, be on this Island, and able to travel, he shall be required to give his Testimony viva voce at said Trial, in the same manner as if the Deposition had not been taken.

XLVIII. And whereas it is necessary to give to the Courts to be constituted by this Act the power of adjudicating when the Debtor has absconded: Be it therefore enacted, That it shall and may be lawful for the Clerk of any of the said Courts of Commissioners, upon application made to him, on Oath, in the form prescribed in the Schedule to this Act annexed, marked Form of appli- (L), in cases where the Debt shall not exceed Twenty Pounds, to issue an Attachment, in the form prescribed in the Schedule to this Act anForm of Attach- nexed, marked (M); and any Bailiff or Constable of such Court, or of any other Commissioners' Court for the County wherein such Court whence the Attachment shall issue shall be held, may thereupon attach the Goods and Chattels of the absconding or absent Debtor, in whatsoever County found, to the amount of the Debt and probable Costs of Suit, and secure the same to be forthcoming to satisfy the Execution which may issue in the Cause, with all Costs thereon, unless such Goods and Chattels shall be forthwith released, on Security being given as hereinafter prescribed and allowed; and thè Bailiff or Constable shall, at the time of making deliver to Wife, Attachment, deliver to the Wife or other Agent of the Debtor in whose charge or custody such Goods or Chattels may then appear to be, or serve in like manner as a Summons for a Small

Bailiff, may

attach Goods, Debtor, wherand secure the same, unless re

&c., of such

ever found,

leased on Security being given.

Bailiff, to

&c., a Notice.

Attachment

and notice being Court, Court may proceed to and give Judg

returned to

hear the Case,

ment thereon.

Person allowed

to retain posses

rity for the va-
lue thereof.

on giving Secu

Debt a Notice, in the form prescribed in the
Schedule to this Act annexed, marked (N), form of Notice.
that he may inform his or their Principal of the
proceeding, or attend at the hearing of the
case, and assert any claim he may have, if he
shall see fit; and such Attachment and Notice,
being duly returned to the Court whence such
Attachment shall have been issued, shall be suf-
ficient to warrant the said Court in hearing the
case at its next sitting; and the Court shall
thereupon proceed to try the cause and give
Judgment therein: Provided always, that any
Person in whose hands or possession any Pro-
perty may be attached as aforesaid shall be atsion of Property
liberty to retain possession of the same, upon
giving Security, by himself or herself, and one
or more sufficient Sureties, to the satisfaction
of the Officer making the Attachment, to the
fair apparent value, in his opinion, of the Pro-
perty attached, and in the form prescribed in
the Schedule marked (O), to this Act annexed, Form of Bail.
that the Articles shall be forthcoming, or the
value thereof paid on demand, if requisite, to
satisfy the Judgment which may afterwards be
given: And in case Judgment shall be given
for the Plaintiff, then, after the expiration of
Three Months, Execution may issue against the
Property so attached; and in case the same, or
any part thereof, be not forthcoming, then
against the proper Goods and Chattels of the
Sureties, to levy the Sum for which they shall
have become bound as aforesaid, with costs of
demand and Execution; and in default thereof,
against their Persons, as in cases of Execution
against Defendants for Small Debts, unless such
Sureties shall comply with their Obligation,
given as aforesaid the non-compliance to be
first ascertained, on Affidavit made before and
filed with the Clerk of the Court wherein such
Judgment shall have been given.

Mode of procedure, when judgment shall be given for

Plaintiff.

1

of Absconding

Debtor, may be fore Court, in

summoned be

certain cases.

Applicant.

mons.

XLIX. Where no Goods, Chattels or Effects Wife, Agent,&c. of such absent or absconding Debtor, in the hands or under the management of his Wife, Agent or other Person, shall be exposed to view or can be come at, so as to be attached, then it shall and may be lawful for the Clerk of any of the said Courts of Commissioners, on application being made to him for that purpose, and on Oath being also made in the same manner as in the last preceding Clause mentioned, being in the form prescribed in the Schedule to Form of Oath of this Act annexed, marked (L), in cases where the Debt shall not exceed Twenty Pounds, to issue a Summons, in the form prescribed in the Form of Sum- Schedule to this Act annexed, marked (P), to be served on the Wife, Agent or other Person in whose hands or under whose controul, although not exposed to view, it may be thought some of the Goods, Chattels or Property of the absent or absconding Debtor are, requiring such Wife, Agent or other Person, to appear before the said Court, to answer the Plaintiff; and the Duty of Court, said Court shall proceed to try the cause, and give Judgment therein; and if, on the examination of the said Wife, Agent or other Person, any Goods, Chattels or Property of the absent or absconding Debtor shall be discovered to be in his or her hands or power, then the said Court shall issue an Attachment against the same, in the form in the Schedule to this Act Form of Attach- annexed, marked (M), to be executed by any Constable or Bailiff, as in the last preceding Clause of this Act mentioned, or make such Order on the said Wife, Agent or other Person, to surrender and deliver up the same, as to the said Court may seem proper: Provided always, that such Wife, Agent or other Person, may be at liberty to retain possession of such Property on giving Security, by himself or herself, with one or more Sureties, to the satisfaction of the

in such cases.

ment.

Wife, Agent,&c. at liberty to re

tain Possession

of Property, on

giving security,

&e.