The law evidently intends that there should be a warrant of commitment before a debtor is permanently imprisoned, and the form thereof is given in the schedule to No. 1 of 1839, &c.

The 6th rule applies only to cases where the debtor has been committed by the court, and is meant to explain and enforce the duty imposed on fiscals by the last branch of the first section of the ordinance.

The execution of process, and making return thereof, are separately enjoined by the first branch of the clause of the ordinance.

The writ under which a fiscal arrests a debtor directs that the debtor shall be brought before the court forthwith; it certainly empowers the fiscal to keep him safely until brought before the court; but still the man is to be brought before the court forthwith, that is, with all reasonable possible speed; and that does not mean merely leading the man to the precincts of the court, and taking him away again if the adverse party is not present; but bringing him into court, and bringing the matter before the notice of the judge, with whom it rests to determine whether the warrant of commitment to gaol is to be made out or not. And this ought to be done on the same day, and in the course of the same sitting of the court, during which the debtor is brought the hour of the sitting being left to the court

in

below.

The plaintiff should take care to lodge with the

Civil process -when it may be served.

Forcing outer doors.

secretary the proper stamp for commitment, which may be taken as a caveat against the prisoner's discharge, and might itself be considered as a motion on behalf of the creditor that the debtor should be committed, unless he showed cause to the contrary. The judge is not bound to ascertain whether batta is lodged or not. (33749, D. C. Colombo, 12 July, 1864.)

The fiscal may, however, permit arrested debtors to attend the public worship of their religion once in every fortnight, between the hours of 9 A. M. and 2 P. M. under a proper guard; and also, if there is no bathing place in the prison, to allow them out, under guard, once a week, to bathe at the nearest bathing place; but to go nowhere else, under pain of punishment to the guard. (No. 1 of 1839, § 14, R. 7.)

Civil process, whether at the suit of the Crown or not, cannot be served or executed between sunset and sunrise; nor on Sunday, Good Friday, or Christmas day; nor on any Christian clergyman, or any minister of any other religion performing public worship; nor on any one attending public worship. (Idem. R. 2.)

The outer door of any dwelling house must not be forced open in order to seize the person under civil process, issued at the suit of a private individual. But doors

* Query-does this imply that the door may be broken at the suit of the Crown, as in criminal process? Probably, in the case of the recovery of revenue debts, the non-payment of which are breaches of duty, i. e. delicts against the Crown, and quasi-criminal, breaking

may be forced open in execution of process against property; but not until admittance shall have been first demanded by the fiscal, or his officer, in the presence of the constable, police vidahn, or other headman of the division or village in which the dwelling is situate; in whose presence, also, if admittance be not granted, whether there is any person therein or not, the fiscal or his officer must force open the same. (No. 1 of 1839, § 14, R. 5.)

No person can be arrested in mesne process, or taken or charged in execution, upon any judgment obtained in any court in the colony, in any action for the recovery of any debt contracted since the 1st July, 1835, wherein the sum claimed or recovered does not exceed ten pounds, exclusive of interest and the costs recovered by such judgment. (No. 7 of 1853, § 104.) Under this clause, a person cannot be arrested for mesne profits, or for costs under ten pounds. (14015, D. C. Kornegalle, 18 May, 1860.)

NOTE. The Articles of War and the Mutiny Act allow an action being entered, but do not permit execution against the person, or, as a necessary consequence, against the effects belonging to a defendant as a soldier. (6181, D. C. Trincomalie, 27 June, 1838; Morg. D. 238.)

doors might be allowed in cases not provided for by special statute; but, query, would it be so in cases of contract, where the Crown bargains with the subject as if both were iudividuals?

No arrest for

debt under

£10.

CHAPTER IX.

DISTRICT COURTS.

Motions.

EXCEPTIONAL PROCEEDINGS.

In the previous chapters has been traced the course of a suit, from libel to execution, nearly in the simplest form that a suit can take place; but the direct course of a suit is often diverted and interrupted by certain exceptional proceedings, which it will be the object of this chapter to describe.

These proceedings are generally brought before a court by motion. All motions made to the court in the progress of a suit, to which the adverse party has a right to object, must be duly notified to such adverse party two days, at least, before they are made, in order that he may, if he think fit so to do, show cause at once against such motion being granted. But if he do not show cause in the first instance, then an order must issue, calling on him to show cause against the same within four days; and if he do not then show good and sufficient cause, the rule must be made absolute. (R. and O. Sect. 1. R. 33, p. 69.)

Motions need not be made in writing, except in some few special cases, where, from their nature, they necessarily require to be reduced to writing, in which case stamps are necessary. All other motions may be made vivá voce; and no proctor is allowed to charge for drawing an application, unless where it is necessary to be reduced to writing. The proper proof of applications (and, if written, of their delivery) is the entry, by the judge, in the proceedings, of the motion made, and of its being granted or refused; which entry ought to be made of all applications, whether written or verbal. (Supp. R. and O. 9 Oct. 1834, p. 112; Marshall, 422-3.)

motions.

As to motions that require notice, the following Notice of motions have been decided to require notice :-a motion to file an amended answer; a motion to recall a writ of possession. (18337, D. C. 3 June, 1845: Kandy, Austin, 94, 36.)

According to English practice, a rule is not generally made absolute until two or three days after it is returnable. If a rule is made absolute in such a manner that either party may be said to be taken by surprise, the court will order the rule to be opened. It is not competent in any case to make a rule nisi absolute until the day after the day for which the rule is returnable, thereby giving the party on whom the rule has been served, grace until the sitting of the court on the fifth day. (27853, D. C. Kandy, 26 July, 1856; Lor. R. 160: Austin, 197.) Similarly, it is laid down in 20757, D. C.