SCHEDULE II. until he has been imprisoned for such time or until he has paid. such fine as the Court directs. Ord. 46. Labour may certain Cases. 12. The Court may in its discretion direct that any Judgment be ordered in Debtor ordered to be imprisoned on account of any misconduct as aforesaid shall be kept to labour within the prison during any period of such imprisonment. Labour to be *13. The labour shall be of such nature, and shall be performed appointed by under such regulations, as the Governor in Council may from time to time appoint. Governor in In Debtors' Province or District. 14. In every case where a person is so committed to prison on account of misconduct as aforesaid, as well as in every case of a pe: son committed for contempt of Court, the Court may direct that the expenses of the conveyance of such person to prison, and of his maintenance during his imprisonment, shall be defrayed in the first instance by the Colonial Treasurer, if the Court considers that it is expedient in the interests of justice that the expenses should be so defrayed, and shall so direct. The Colonial Treasurer shall in all such cases be entitled to recover the sums so disbursed by him by attachment and sale of the property of the person imprisoned, or he may, if the Court so directs, recover such sums from the Execution Creditor. In case the Court shall not direct the said expenses to be defrayed by the Colonial Treasurer, the same shall be defrayed by the Execution Creditor. The Execution Creditor shall have right in all cases to recover all sums disbursed by him for expenses as aforesaid from the Judgment Debtor in the manner prescribed by the fourth Rule of this Örder. 3. Place of Imprisonment. 15. Any person ordered to be imprisoned under a decree shall Prison for the be confined in the Prison which shall have been declared under any Ordinance regulating Prisons for the time being in force to be a Debtors' Prison for the Province or District in which the Court making the decree has jurisdiction, or in which such Court has reason to believe that the debtor is at the time of the issue of the warrant; and if and whilst such classification may not have been made as respects any Province or District, then such person may be confined in any building declared a Prison, which the Colonial Secretary shall certify to the Court under his hand possesses suitable accommodation for the confinement of Debtor Prisoners: provided that nothing herein contained shall be construed to hinder Prisoners ordered to labour from being confined in any Prison within the jurisdiction of the Supreme Court. Imprison ment not to be more than 4. Consequences of Imprisonment. 16. No imprisonment shall prevent a Judgment Debtor from being again imprisoned for any act of wilful disobedience, or other Labour defined by Order of 29th April, 1878. default rendering him liable to be imprisoned, occurring or con- SCHEDULE II. tinuing after his imprisonment or release; but, except in such Ords. 46-47. cases, a party who has been once released from imprisonment shall once on same not be imprisoned again upon the same decree. Decree. Debt; how 17. Imprisonment shall not in any case operate as satisfaction or Imprisonextinguishment of the debt or cause of action, or deprive the ment not Execution Creditor of any right of execution against the moveable Satisfaction of or immoveable property of the Judgment Debtor: Provided that, far it affects in cases where the Judgment Debtor shall have been arrested and Execution. is detained in custody, no sale of any portion of his property taken in execution shall be made except by the written consent of the Judgment Debtor, and, except in the case of perishable articles which may be sold forthwith, until one month shall have elapsed after his being so arrested, and at least fifteen days' notice shall have been given to the Judgment Debtor specifying the property so taken and intended to be sold. not found. 18. In case the person against whom a warrant of arrest has Where Judgbeen issued is not found, the Execution Creditor shall be entitled ment Debtor to proceed by execution against his property as if no such warrant has been issued. ORDER XLVII. ENFORCEMENT OF ORDERS. 1. Any Order of the Court made in any cause or matter may be Orders in enforced by leave of the Court in the same manner as a Decree to general. the same effect. 2. Any Interlocutory Order may be enforced by leave of the Interlocutory Court by any of the methods applicable thereto by which a Final Orders. Order is enforceable. - ceedings and Default. Judgment by 3. Interlocutory Orders may also be enforced according to the Staying Profollowing provisions:If a Plaintiff in a Suit makes default or fails in fulfilling any Interlocutory Order, the Court may, if it thinks fit, stay further proceedings in the Suit until the Order is fulfilled, or may give a Judgment or Nonsuit against such Plaintiff, with or without liberty of bringing any other Suit on the same grounds of action, or may make such other Order on such terms as to the Court shall seem just. If a Defendant in any Suit makes such default or failure, the Court may give judgment by default against such Defendant, or make such other Order as to the Court may seem just. But any such judgment by default may be set aside by the Court upon such terms as to costs or otherwise as the Court may think fit. SCHEDULE II. Obedience enforced in same manner as upon Parties in a ORDER XLVIII. DECREES OR ORDERS UPON OR IN FAVOUR OF PERSONS NOT PARTIES. 1. Where a person not being a party in a Suit obtains an Order, or has an Order made in his favour, he shall be entitled to enforce obedience to such Order by the same process as if he were a party in the Suit; and any person not being a party in a Suit against whom obedience to any Decree or Order may be enforced, shall be liable to the same process for enforcing obedience to such Decree or Order as if he were a party to the Suit. In what Before what Affidavit to be filed. SPECIAL PRACTICE IN CERTAIN CASES. I. Foreign Attachment. ORDER XLIX. PROCEEDINGS BY FOREIGN ATTACHMENT. 1. Proceedings by Foreign Attachment may be taken in manner hereinafter prescribed in all Suits founded on Contract or for Detinue or Trover, provided that the cause of action arose within the jurisdiction. 2. Such proceedings shall not be taken before a Commissioner, but may be taken before a Divisional Court of the Province where the cause of action arose or the property intended to be attached is situated. 3. Upon the Filing in Court by the Plaintiff in any such Suit of an Affidavit to the following effect, that is to say: (a) That the cause of action arose within the jurisdiction; the Defendant, but that the Defendant is absent from the (c) That the Plaintiff has furnished to the Agent of the Defendant within the jurisdiction full particulars of his claim, and demanded payment without receiving satisfaction thereof; or that the Defendant has no known Agent within the jurisdiction; (d) That the Defendant is beneficially entitled to lands or to any interest therein within the jurisdiction, or to any moneys, securities for money, goods, chattels, or other property whatsoever within the jurisdiction, in the custody or under the control of any other person within the jurisdiction, or that such other person (hereinafter called the Garnishee) is indebted to the Defendant; Ord. 49. the Court may issue a Writ of General Attachment against all SCHEDULE II. property, moveable and immoveable, of the Defendant within the jurisdiction, or such part thereof or property specified as may be Issue of Writ. sufficient to answer the amount of the Plaintiff's claim, which shall be called a Writ of "Foreign Attachment," and shall be made returnable not less than fourteen days after the date thereof, except by special leave of the Court. diction. 4. Absence from the jurisdiction shall, for the purpose of pro- Absence from ceedings by Foreign Attachment, be taken to be absence for the the Juristime being, whether the party shall ever have been within the jurisdiction or not. before Issue of Writ. 5. Before any such Writ shall issue the Plaintiff, or some one Bond to be on his behalf, shall enter into a Bond with one or more sufficient entered into sureties to be approved by the Court, in a penal sum equal to twice the amount of the claim, or in any less sum by special leave of the Court, the condition of which said Bond shall be that, in case the Defendant shall at any time within the period limited by this Order in that behalf cause the Writ to be set aside, or any judgment which may be given in the Suit to be reversed or varied, the Plaintiff will pay to the Defendant all such sums of money, damages, costs, and charges as the Court may order and award on account of, or in relation to the said Suit and the said Attachment or either of them: provided that the Court shall not award a larger amount of damages than it is competent to decree in an action for damages, and such award shall bar any Suit for damages in respect of such Attachment. 6. The Bond shall be in such form as the Court may from time Form thereof. to time, or in any particular case, approve and direct, and shall be entered into before the Registrar, and deposited in Court: and whenever it shall be made to appear to the satisfaction of the Court, upon affidavit or otherwise, that under the circumstances it is expedient that the Writ should issue forthwith, and before the Bond shall have been entered into as aforesaid, the Court may order the Writ to issue accordingly, upon such terms as it shall think fit, and by the same Order shall limit the time, not exceeding seven days from the date of the issue of the Writ, within which the Bond must be entered into and deposited as aforesaid; and in the case of default of complying with the requirements of such Order within the time thereby limited, the Court may dissolve the Writ, and thereupon may award costs and damages to the Defendant, in the manner hereinbefore provided in the case of a Writ being set aside or a Judgment in the Suit being reversed or varied. 7. Where two or more Writs of Foreign Attachment shall issue Priority of at the Suit of different Plaintiffs, they shall take priority respec- Writs. tively according to the date and time at which application for the Writ may have been made to the Registrar. 8. Property in the custody, or under the control of any Public Property in Officer, in his official capacity, shall be liable to attachment with Custody of a the consent of the Attorney-General; and property in custodia or in custodia legis shall be liable to attachment by leave of the Court. In such legis. Public Officer SCHEDULE II. cases the Writ of Foreign Attachment must be served on such Public Officer, or on the Registrar, as the case may be. Ord. 49. Effect as respects Lands. Effect of ing Moveable Sale of Move by Order of Court. 9. From the time of the issuing of a Writ of Foreign Attachment all lands within the jurisdiction, or any interest therein to which the Defendant mentioned in such Writ is then beneficially entitled, whether solely or jointly with others, shall, to the extent of his interest therein, and subject to Crown debts and to any bonâ fide prior title thereto, or lien or charge thereon, and to the rights and powers of prior Incumbrancers, be attached and may be declared liable to satisfy the claim of the Plaintiff. 10. From the time of the service upon the Garnishee of a Writ of Foreign Attachment, all property whatsoever within the jurisdiction other than lands, or any interest therein, to which the Defendant mentioned in such Writ is then beneficially entitled whether solely or jointly with others, and which is in the custody or under the control of the Garnishee, and all debts then due, or accruing due, by the Garnishee to the Defendant shall, to the extent of the Defendant's interest therein, and subject to Crown debts and to any bonâ fide prior title thereto, or lien or charge thereon, and to the rights and powers of prior Incumbrancers, be respectively attached in the hands of such Garnishee, to satisfy the claim of the Plaintiff. 11. The Court may, at any time before judgment, upon such able Property grounds as it shall deem sufficient, order any property, other than lands, or any interest therein, attached under such Writ, to be sold in such manner as it shall direct, and the net proceeds to be paid into Court. Punishment of Garnishee disposing of leave. 12. Any Garnishee who shall, without leave or Order of the Court, at any time after the service of the Writ and before the attached Pro- attachment shall be dissolved, knowingly and wilfully part with perty without the custody or control of any property attached in his hands, or remove the same out of the particular jurisdiction, or sell or dispose of the same, or pay over any debt due by him to the Defendant, excepting only to or to the use of the Plaintiff, shall pay such damages to the Plaintiff as the Court shall award, and he shall be deemed guilty of Contempt of Court: provided that the Court shall not award a larger amount of damages than it is competent to decree in an action for damages, and such award shall bar any Suit for damages in respect of such attachment. Custody by Notice of 13. In all cases, where it shall be made to appear to the satisfaction of the Court, by affidavit or otherwise, that there is reasonable cause to believe that any property attached is in danger of being removed out of the jurisdiction, or of being sold or otherwise disposed of, the Court may, by an Order in writing, direct the Sheriff to seize such property and detain the same subject to the Order of the Court; and the Sheriff shall thereupon seize and detain such property accordingly. 14. Notice of the issue of the Writ of Foreign Attachment shall be inserted twice in the Gazette, and twice in some newspaper, unless the Court shall, by reason of the Defendant having entered |