Court of Com ing his claim against the original defendant his executors or administrators, saving nevertheless the right or claim of such third party against the plaintiff, and thereupon to make such order between such defendant and the plaintiff as to costs and other matters as may appear just and reasonable. 8. Where an action has been commenced mon Pleas to exer- in respect of a common law claim for the cise certain powers recovery of money or goods or where goods and authorities or chattels have been taken or are intended though title of to be taken in execution under process claimants is adissued from the Court of Common Pleas, Asverse. sistant Court of Appeal or any Petty Debt Court and the defendant in such action or the Provost Marshal or other officer has applied for relief under the provisions of this Act it shall be lawful for the said Court of Common Pleas Assistant Court of Appeal or Petty Debt Court to exercise all the powers and authori ties given to it by this Act, though the titles of the claimants to the money, goods or chattels in question, or to the proceeds of value thereof, have not a common origin, but are adverse to and independent of one another. Rules, orders, &c. entered of record and made evidence. 9. All rules, orders, matters, and decimade in pursuance sions to be made and done in pursuance of of his Act may be this Act by any of the superior courts of law, except only the affidavits to be filed, may, together with the declaration in the cause (if any), be entered of record with a note in the margin expressing the true date of such entry, to the end that the same may be evidence in future times if required, and to secure and enforce the payment of costs directed by any such rule or order, and every such rule or order so entered shall · to have the force and effect of a judgment; and in case any costs shall not be paid within fifteen days after notice of the taxation and amount thereof given to the party ordered pay the same, his agent or attorney, execution may issue for the same adapted to the case together with the costs of such entry and the execution, and such writ and writs may bear teste on the day of issuing the same, and the Provost Marshal or other officer executing any such writ shall be entitled to demand and receive for the benefit of the general revenue the same fees and no more, as upon any similar writ grounded upon a judgment of the court. Between execution creditors and claimant of goods seized. Costs, Execution. Marshal's fees how disposed of. 10. Whereas difficulties sometimes arise Claims to goods in the execution of process against goods &c. taken in execuand chattels issued by or under the authori- tion under process ty of the court of Common Pleas of this of superior courts, island, or under the authority of police magistrates or judges of the Petty Debt courts in cases coming within their jurisdiction or under the authority of the Assistant Court of Appeal of this Island, either in its appellate or original jurisdiction, by reason of claims made to such goods and chattels by the Official Assignee of insolvent traders, and by the assignees of bankrupts and other persons not being the parties against whom such process has issued. whereby the Provost Marshal and other officers employed in the execution of such process are exposed to the hazard and expense of actions; and it is reasonable to afford relief and protection in all such cases to the said Provost Marshal, and such other Costs in discretion of court. Claims to goods &c. taken in execu tion under process of inferior courts, how disposed of. officers; be it therefore enacted, that when to party making the claim; and to require the party making such claim to proceed formally before the court from which such execution issued in trover or detinue, and the party at whose instance such process issued to make himself defendant in the place of the Provost Marshal or other person employed in the execution of the process, or such court or judge may, at the request of either party in cases where from the smallness of the amount in dispute or of the value of the goods seized it shall appear to it or him desirable and right so to do, or with the consent of both parties in any case whatsoever, dispose of the merits of their claims and determine the same in a summary manner; and the court from which such execution issued shall have jurisdiction to hear and deter execution issued to mine any such case of trover or detinue have jurisdiction. whatever may be the amount in dispute or the value of the goods seized. Court from which mag- terms. 11. When goods or chattels have been When goods seized in execution by the Provost Marshal claimed by third or other officer under process of the court person, Court or of Common Pleas or Assistant Court of Ap- diction may order Judge having juris. peal either in its appellate or original juris- sale upon certain diction or Petty Debt court, or police istrate's court and some third person claims to be entitled under a bill of sale or otherwise to such goods or chattels by way of a security for a debt, the court or judge or police magistrate having jurisdiction to dedetermine the claim may order a sale of the whole or part thereof upon such terms as to payment of the whole or part of the secured debt or otherwise as they or he shall think fit and may direct the application of the proceeds of such sale in such manner and upon such terms as to such court or judge or police magistrate may seem just. Repeal. 12. The several Acts mentioned in schedule two to this Act are hereby repealed provided that (1) Any rule order or bye-law now in force whether made under any enactment hereby repealed or not shall continue inforce until otherwise provided; and (2) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act (3) This repeal shall not affect (a) The past operation of any enactment hereby repealed nor any thing duly done or suffered under any enactment hereby repealed; or (b) any right, privilege, obligation, or liability acquired, accrued or incurred under any enactment hereby repealed; or (c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactments hereby repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid; and any such investigation, legal proceeding and remedy may be carried on as if this Act had not passed; or |