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Title: Saint Vincent government gazette
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Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
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    Statutory Instruements No. 1 of 1972: West Indies Associated States Supreme Court: Statutory Instruments 1972, No. 1. - The Rules of the Supreme Court (Revision) Order 1972
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Full Text




355


SAINT VINCENT


GOVERNMENT


GAZETTE


(EXTRAORDINARY)
pubit4bh by Authority


VOL. 105.] SAINT VINCENT, SATURDAY, 12 AUGUST, 1972. [No. 42.


GOVERNMENT


NOTICE


No. 137.
LEGISLATION
The following Documents are published with and form part of
this Gazette:-


West Indies Associated States Supreme Court:
Instruments 1972, No. 1.-The Rules of the
Court (Revision) Order 1972.


Statutory
Supreme


S.R. & 0. No. 25.-Price and Distribution of Goods (No. 5)
(Amendment) Order, 1972.

By Command.
0. E. LEIGERTWOOD,
Permanent Secretary,
Premier's Office.
PREMIER'S OFFICE,
ST. VINCENT,
12th August, 1972.

PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFIC,
KINGSTOWN, ST. VINCENT.
F Price 30 cents. ]







WEST INDIES ASSOCIATED STATES SUPREME COURT

STATUTORY INSTRUMENTS 1972, NO. 1
PROCEDURE

THE RULES OF THE SUPREME COURT (REVISION) ORDER 1972
[ 3rd January, 1973 ]

The Chief Justice and two other judges of the West Indies Associated
States Supreme Court selected by him, being the authority empowered by
section 17 of the West Indies Associated States Supreme Court Order 1967
to make rules regulating the practice and procedure of the Court of Appeal
and the High Court, hereby exercise the powers conferred by that section and
all other powers enabling them in that behalf as follows:-

1.-(1) This instrument may be cited as the Rules of the Supreme Court
(Revision) Order 1972 and shall be read as one with the Rules of the Supreme
Court (Revision) 1970, in this instrument referred to as the principal order.
(2) This instrument shall come into operation in each of the West
Indies Associated States on 3rd January, 1973.
2.-(1) Schedule 1 to the principal order is hereby amended by the addi-
tion thereto of the rules set out in Schedule 1 hereto which are hereby made.
(2) The enactments specified in column 1 of Schedule 2 hereto (being
enactments relating to matters with respect to which the rules specified in
Column 4 of that Schedule are hereby made or were made by the principal
order) are hereby repealed to the extent specified in column 2 of that Schedule.
(3) The enactments referred to in the foregoing paragraph are hereby
amended to the extent specified in column 3 of the said Schedule 2.
(4) The Rules and Orders specified in Schedule 3 hereto are hereby
revoked.
3. It shall not be necessary to include the Schedules to this instrument
in the annual volume of the laws of the State, but a reference may be made
thereto in such volume and shall be sufficient.
Dated 7th June, 1972.
ALLEN LEWIS
Chief Justice
3 t2 'a P. CECIL LEWIS
Justice of Appeal

E. L. ST. BERNARD
Justice of Appeal







2

SCHEDULE 1


ADDITION TO

THE RULES OF TIlE SUPREME COURT 1970


ARRANGEMENT OF ORDERS


65. Proceedings under Judgments and Orders

66. Enforcement of Judgments and Orders: General

67. Writs of Exeuntion: General

68. Writs for Seizure and Sale of Property

69. Examination of Judgment Debtor, etc.

70. Garnishee Proceedings

71. Charging Orders

72. Receivers: Equitable Execution

73. Committal

Appendix A. Forms.

ORDER 65

PROCEEDINGS UNDER JUDGMENTS AND ORDERS

Application to proceedings under an order

1.-(1) This Order shi 11, with th, o'c''ssary modifications, app'.- in
relation to proceedings under an order as it applies in relation to proceedings
under a judgment and, accordingly. references therein to a judgment shall
be construed as including references to an order.

(2) In this Order references to a cause or matter shall he construed
as references to a cause or matter such as in England is assigned to the
Chancery Division of tih High Court, of Justice.










Documents to be left at Registry: summons to proceed
2.-(1) Where in order to carry out any directions contained in a judg-
ment given in a cause or matter it is necessary to proceed in chambers under
the judgment, the party entitled to prosecute the judgment must, within
10 days after entry of the judgment, leave a copy of it at the Registry for
the Judge with a certificate that it is a true copy of the judgment as entered.
(2) If the party entitled to proscnte the judgment fails to comply
with paragraph (1), any other party to the cause or matter may leave a copy
of the judgment with the certificate referred to in that paragraph, at the
Registry for the Judge, and, unless the Court otherwise directs, he shall
thereupon become entitled to prosecute the judgment.
(3) Upon leaving a copy of the jundgmcnt for the Judge the party
entitled to prosecute the judgment must take out a summons to proceed under
the judgment.
Service of notice of judgment on person not a party
3.-(1) Where in an action for-
(a) the administration of the estate of a de'ceased person, or
(b) the execution of a trust, or
(c) the sale of any property,
the Court gives a judgment which affects the rights or interests of persons
not parties to the action or directs any account to tb taken or inquiry made,
the Court may when giving the judgment or at any stage of the proceedings
under the judgment direct notice of the judgment to be served on any person
interested in the estate or under the trust or in the property, as the case may
be; and any person duly served with notice of a judgment in accordance
with this rule shall, subject to paragraI (5), be bound by the judgment
to the same extent as he would have been if he had originally been made a
party to the action.
(2) The Court may direct a notice of judgment to be served per-
sonally or in such manner as it may specify on theI person required to be
served, or if it appears to the Court that it is impracticable for any reason
to serve such notice on any such person it may disj ense with service of the
notice' on that person.
Before notice of a judgment is served the notice must be indorsed
with a memorandum in Form No. 60 in Appendix A.
(3) The party prosecuting the judgment must leave at the Registry
the stamped copy of the Memorandum of appearance of any person served
with notice of the judgment or, as the case may be, a certificate that no
appearance has been entered by him.
(4) Where the Court dispenses with service of notice of a judgment
on any person, it may also order that that person shall be bound by the
judgment to the same extent as if he had been served with notice thereof, and
he shall be bound accordingly except where the judgment has been obtained
by fraud or non-disclosure of material facts.









(5) A person served with notice of a judgment may, within one
month after service of the notice on him and without entering an appearance,
apply to the Court to discharge, vary or add to the judgment.

(6) A person served with notice of a judgment may, after entering
an appearance to the notice, attend the proceedings under the judgment.

Directions by Court

4.-(1) The Court hearing the summons to proceed shall give directions
with respect to the proceedings to be taken under the judgment and the
conduct thereof, including, in particular, directions with respect to-
(a) the manner in which any account or inquiry is to be prosecuted,
(b) the evidence to be adduced in support thereof,
(c) the parties required to altend all or any part of the proceedings,
and
(d) the time within which each proceeding is to be taken,
and may fix a day or days for the further attendance of the parties.

(2) The Court may revoke or vary any directions given under this rule.

Court may require parties to be represented by same solicitor

5. Where on the hearing of the summons to proceed or at any stage of
the proceedings under the judgment it appears to the Court that thie interests
of the parties can be classified, it may require the parties constituting each
or any class to be represented by the same solicitor, and where the parties
constituting any class cannot agree on the solicitor to represent them, the
Court may nominate a solicitor to represent the class in the proceedings.

Court may require parties to be represented by different solicitors

6. Where on the hearing of the summons to proceed or at any stage of
the proceedings under the judgment it appears to the Court that two or more
of the parties who are represented by the same solicitor ought to be separately
represented, it may require them to be so represented and may adjourn the
proceedings until they are.

Leave to attend proceedings, etc.

7. Any party to the proceedings under the judgment who has not been
directed to attend may apply to the Court for leave to attend any part of
the proceedings at the cost of the estate or other property to which the,
proceedings relate and to have the conduct of that part either in addition to
or in substitution for any other party.










Judgment requiring deed to be settled by Court: directions
8. Where the judgment directs any deed or other instrument to be
settled by the judge in chambers, or to be settled by him if the parties to the
deed fail to agree it, the Court hearing the summons to proceed under the
judgment shall direct-
(a) that within such period as it may specify the party entitled to
prepare a draft of the deed must serve a copy of the draft
on every other party who will be a party to the deed, and
(b) that within 8 days, or such other period, if any, as it may
specify, after service on any such other party of a copy of the
draft that party must serve on the party by whom the draft was
prepared a written statement of his objections (if any) to the
draft.
Application of rr. 10 to 17
9. Rules 10 to 17 apply-
(a) where in proceedings for the administration under the direction
of the Court of the estate of a deceased person the judgment
directs any account of debts or other liabilities of the deceased's
estate to be taken or any inquiry for next of kin or other
unascertained claimants to be made, and
(b) where in proceedings for the execution under the directions
of the Court of a trust the judgment directs any such inquiry
to be made,
and those rules shall, with the necessary modifications, apply where in any
other proceedings the judgment directs any account of debts or other lia-
bilities to be taken or any inquiry to be made.
Advertisements for creditors and other claimants
10.-(1) On the hearing of the summons to proceed the Court may
direct the issue of advertisements for creditors or other claimants, and in
deciding whether to do so shall have regard to any advertisement previously
issued by the personal representatives or trustees concerned.
(2) Every such advertisement shall be prepared by the party prosecut-
ing the judgment, and-
(a) in the case of an advertisement for creditors, shall be signed
by that party's solicitor or, if he has no solicitor, by the Regis-
trar, and
(b) in the case of an advertisement for other claimants, shall be
submitted to the Registrar and if approved by the Registrar
shall be signed by him.
(3) The Court shall fix the time within which, and the person to whom,
any claimant is to send his name and address and particulars of his claim,
and that time and the name and address of that person shall be stated in
the advertisement.










Failure to claim within specified time

11. A claimant who fails to sinid full particulars of his claims to the
person named in any advertisement directed by the Court within the time
therein specified shall not be entitled to prove his claim except with the
leave of the Court, and in granting leave the Court may impose such terms
as to costs and otherwise as it thinks just.

Examinations, etc. of claims

12.-(1) Wh.re an account of debts or other liabilities of the estate of
a deceased person has been direvte(d, such party as lhe Court may direct
must-
(a) exlminiii the claims o(f persons claiming to be creditors of the estate
and determine, so far as he is able, to which of such claims the
estate is liable, and
(b) at least 7 clear days before the time appointed for adjudicating
on claims, make an affidavit verifying lists of-
(i) claims sent in pursuance of any advertisement,
ii) claims which have been received by any of the personal
rep-resentatives otherwise than in pursuance of an adver-
tisemient, a d
(iii) debts of the i(ceascd at the time of his death in respect
of which no claim has been received but which are or may
still be due and which have come to the knowledge of
any of the personal representatives.
(2) Where an inquiry for next of kin or other unascertained claimants
has been directed, such party as the Court may direct must-
(a) examillne the claims and determine, so far as he is able, which
of trlem are valid claims, and
(b) at least 7 clear days before the time appointed for adjudicating
on claims, make an affidavit verifying lists of-
(i) claims sent in pursuance of any advertisements, and
(ii) claims received by any of the personal representatives or
trustees concerned, otherwise than in pursuance of an
advertisement, or which have come to his knowledge.

(3) The affidavit required by paragraph (1) or (2) must, as the cir-
cumstances of the case require, specify, in relation to the claims of creditors
the claims and debts which in the belief of the deponent are liabilities of the
estate of the deceased and ought to be allowed, in whole or in part. and, in
relation to the claims of persons other than creditors, the claims which iii
the belief of the deponent are valid claims, with, in either case, the reason.,
for such belief,









(4) If the personal representatives or trustees concerned are not the
parties directed by the Court to examine claims, they must join with the
party directed to examine them in making the affidavit required by this rule.

Adjudication on claims

13.-(1) The Court adjucating on the claims-
(a) may allow any such claim after or without proof thereof;
(b) may direct any such claim to be investigated in such manner
as it thinks fit;
(c) may require any claimant to attend and prove his claim or to
furnish, further particulars or evidence of it.
(2) Where the Court exercises the power conferred by paragraph
1 (c) in relation to any claimant, such party as the Court may direct must
serve on the claimant a notice requiring him-
(a) to file an affidavit in support of his claim within such time, not
being less than 7 days after service of the notice, as may be
specified in the notice and to attend before the Court for adjudi-
cation on the claim at such time as may be so specified, or.
(b) to produce to the Court at such time as may be so specified
such documents in support of his claim as may be so specified
or described.
(3) Where a claimant fails to comply with a notice served on him
under paragraph (2) his claim may be disallowed.
(4) A claimant who files an affidavit in compliance with a notice
served on him under paragraph (2) must serve notice of the filing on the
party by whom the first-mentioned notice was served, and, unless the Court
otherwise directs, that party must produce an office copy of the affidavit at
the adjudication of the claim.
(5) No person claiming to be a creditor need make an affidavit or
a tend in support of his claim, except for the purpose of producing any
documents which he is required to produce, unless served with a notice under
paragraph 2 (a).
(6) If the Court so directs, a person claiming to be a secured creditor
must produce his security at the Registry.
(7) In this rule references to a claini include references to part of
a claim.
Adjournment of adjudication
14. Where on the day appointed for adjudication of calims any claim
is not then disposed of, the adjudication shall be adjourned to a day appointed
by the Court, and the Court may fix the time within which any evidence in
support of or in opposition to the claim is to be filed.









Service of notice of judgment on certain claimants

15.-(1) Where a claimant other than a creditor has established his
claim, then, unless he is a party to the cause or matter or has previously been
served with notice of the judTunent or thlie Court otherwise directs, the party
having the conduct of the cause or matter must serve notice of the judgment
on him.
(2) A person duly served with notice of a judgment under this rule
shall, subject to rule 3 (5), as applied by paragraph (4), be bound by the
judgment to tlhe same extent as lie would have been if lie had originally been
made a party to the action.
(3) Where the Court directs under paragraph (1) that notice of a
judgment slmll not be served on a person, it may also order that that person
shall be bound by the judgment to the same extent as if lie had been served
with notice Ihereof, and lie shall be bound, accordingly except where the
judgment has been obtained by fraud .or inon-disclosure of material facts.
(4) Rule 3 (5), (6ii and 7') sliall apply in relafion to a person served
with notice of a judgment under this rule as they apply in relation to a
person served with notice of a judgment under that rule.

Notice, etc. of claims allowed

16.-(l) Suchl party as the Court may direct musl serve on every creditor
whose claim or any part thereof has been allowed or disallowed and who did
not attend when the claim was disposed of a notice informing hinm of that fact.
(2) Such palry, if any, :;s tlhe Court imay direct must make out a list
of the creditors' claims, and a list of any other claims, allowed and leave it
at the Registry.

Service of no ices

17. For The purpose of Oirder 50, rule 5, in its application to the service
of any notice| under this order r on a claimant, the proper address of a
clainuinat shall be the address stated in his claim, or. if a solicitor is acting
for him in connection with the claim, the business address of that solicitor.

Interest on debts

18.--(1) Where an account of the debts of a deceased person is directed
by any judgment, then, unless the deceased's estate is insolvent or the Court
otherwise orders, interest shall be allowed--
(a) on any such debt as carries interest, at thlie rate it carries, and
(b) on any other debt. at the rate of $6 per cent. per annum or
such other rate as may be fixed by the laow of any of the States
from the date of the judgment.










(2) A creditor who has established his debt in porceedings under the
judgment and whose debt does not carry interest shall be entitled to interest
on his debt at the rate of $6 per cent. per anniun or such other rate as may be
fixed by the law of any of the States from the date of the judgment out of
any assets which may remain after satisfying the costs of the cause or matter,
the debts which have been established and the interest on such of those debts
as by law carry interest.

Interest on legacies

19. Where an account of legacies is directed bv ;ny judgment, then,
subject to any directions contained in hie will or e( dicil in question and to
any order made by the Court, interest shall be allowed on e(1ich legacy at,the
rate of $6 per cent. per annum or such oth1r rate as may be fixed by the law
of any of the States beginning- at the expiralicn of one yea: after the testator's
death.

Determination by Judge ef question ariAng before R"gistrar

20.-(1)Any party may. before tl'e pirocoedins- bIfore the Registrar
under any judgment are concluded, apply 0i tine J.Ld'e for the determination
of any question arising in the course of the proc:edi]ngs.
Unless the Court otherwise dir cts, a fresh summons shall not be
issued for the purpose of an application hider this paragraph .
(2) It shall not be necessary to dra'v up the crder or directions made
or given by the judv>e on thye determine; ion of su,1h question, except in the
event of an appeal to the Court of Appeal, )but the Registrar shall refer to
such order or directions in his certificate rmler rule "1.

Registrar's Certificate

21.-(1) The res-ult of proceedings bhf ment shall be stated in the form of a certificate sign, d by the Registrar.
(2) Such certificate shall refer to so much of the judgment, to such
documents or parts thereof and to such of the evidei upon what the result stated in the certificle is founded but shall not, unless
the circumstances of tlie case render it n.cess-,ry, set out the judgment
or any documents, evidence or reasons.
(3) Where the judgment requires the taking of any account, the
certificate must refer to the account verified by filed affidavit and must specify
by reference to the numbered items in tile aceomunt which, if any, of such
items have been disallowed or varied and hie additions, if any, which have
been made by way of surcharge or otherwise.
(4) Where by reason of the alterations made in the account verified
by filed affidavit the Court has directed a fresh account incorporating the
alterations to be made, the reference in paragraph (3) to the account so
yerified shall be construed as a reference to the fresh account.









Settling and filing of Registrar's certificate

22.-(1) A draft of the Registrar's certificate shall be drawn up in Cham-
bers unless the Registrar directs it to be drawn up by a party to the proceed-
ings and the draft shall be settled by the parties before the Registrar on
such day as the Registrar may appoint.
(2) The certificate signed by the Registrar and any account referred
to therein shall be filed- in the Registry.

Discharge or variation of Registrar's certificate

23.-(1) Any party to proceedings under a judgment may, not later
than-
(a) 8 clear days after the filing of the Registrar's certificate therein,
or
(b) if the certificate is to be acted upon by the Accountant General
without further order or is a certificate passing a receiver's
account, 2 clear days after the filing thereof,
apply by summons for an order of the Judge in person discharging or varying
the certificate.

A copy of any summons to discharge or vary a certificate which is
to be acted upon by the Accountant General without further order must be
served on the Accountant General as soon as practicable after the issue
thereof.
(2) Subject to paragraph (3), any such certificate shall, on the expira-
tion of the period specified in relation to it in paragraph (1), become binding
on the parties to the proceedings unless discharged or varied by order under
paragraph (1).
(3) The Judge in person may, in special circumstances, by order dis-
eharge or vary the certificate of a Registrar notwithstanding that the certifi-
cate has become binding on the parties.

An application for an order under this paragraph may be by motion
or summons.

Further consideration of cause or matter in chambers

24.-(1) Where a Registrar's certificate has been filed in any cause or
matter, then, if-
(a) The cause or matter in which it was filed is a debenture holders'
action or the judgment to be made in the cause or matter in
which it was filed is for the distribution of an insolvent estate
or for the distribution of the estate of a person who died in-
testate, or









(b) the order on which the certificate was made was made in cham-
bers and no direction has been given that the cause or matter
be adjourned for further consideration in court, or
(c) an order has been made.directing that the cause or matter be
adjourned for further consideration in chambers,
a summons for the further consideration of the cause or matter may be
issued-
(i) after the expiration of 8 clear days, and before the expiration
of 14 days, from the filing of the Registrar's certificate, by the
plaintiff or party having the conduct of the proceedings, or
(ii) after the expiration of the said 14 days, by any party.
(2) There shall be at least 6 days between the service of a summons
under this rule and the day named therein for the further consideratoin of
the cause or matter.

Further consideration of cause or matter in court

25.-(1) Where a Registrar's certificate has been filed in any cause
or matter, then, if-
(a) the judgment on which the certificate was made was given in
court and the cause or matter is not such as is mentioned in
rule 24 (1) (a) and no direction has been given that it be
adjourned for further consideration in chambers, or
(b) an order has been made directing that the cause or matter be
adjourned for further consideration in court,
the cause or matter may be set down by the Registrar in the cause book
for further consideration-
(i) after the expiration of 8 clear days, and before the expiration
of 14 days, from the filing of the Registrar's certificate, on
the written request of the plaintiff or party having the con-
duct of the proceedings, or
(ii) after the expiration of the said 14 days, on the written request
of any party,
upon the production, in either case, of the judgment adjourning the cause
or matter for further consideration, or an office copy thereof, and an office
copy of the Registrar's certificate or a memorandum of the date of filing
of the certificate, indorsed on request by the proper officer on the judgment
or office copy thereof.
When a cause or matter is so set down, a copy of the writ or other
originating process by which the cause or matter was begun, a copy of the
pleadings (if any) and two copies of minutes of the judgment sought must
also be left with the Registrar.
(2) A cause or matter so set down shall not be put into the list for
further consideration until after the expiration of 10 days from the day on








which it was so set down, and shall be marked in the cause book accordingly,
and notice of the setting down and of the day marked in the cause book
as the day before which the cause or matter is not to be put in the list for
further consideration must be given to the other parties to the cause or
matter at least 6 days before that day.

ORDER 66

ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Enforcement of judgment, etc., for payment of money

1.-(1) Subject to the provisions of these lules, a judgment or order
for the payment of money, not being a judgment or order for the payment
of money into court, may be enforced by one or more of the following means,
that is to say-
(a) writ of fieri facias, i.e., for seizure and sale of goods and
chattels, money and securities for money;
(b) an order for the sale of land;
(c) in Saint Lucia, writ for the seizure and sale of movable or
immovable property;
(d) a charging order;
(e) garnishee proceedings;
(f) the appointment of a receiver;
(g) in a case in which rule 5 applies, an order for committal;
(h) in a case in which rule 5 applies, writ of sequestration.
(2) Subject to the provisions of these rules, a judgment or order
for the payment of money inio court may be enforced by one or more of
the following means, that is to say-
(a) the appointment of a receiver;
(b) in a case in which rule 5 applies, an order of committal;
(c) in a case in which rule 5 applies, writ of sequestration.
(3) Paragraphs (1) and (2) are without prejudice to any other
remedy available to enforce such a judgment or order as is therein men-
tioned or to the power of a court under the Debtors Act to commit to prison
a person who makes defa It in paying money adjudged or ordered to be
paid by him, or to the enactments relating to bankruptcy or the winding
up of companies.
(4) In this Order references to any writ shall be construed as
including references to any further writ in aid of the first mentioned writ.
(5) In this Order "the Debtors Act" means, in relation to-
Antigua, the Debtors Act, Chapter 25;









Dominica, the Debtors Ordinance, Chapter 7;
Grenada, sections 342 to 344 of the Civil Procedure Ordinance,
Chapter 58;
Saint Christopher, Nevis and Anguilla, the Debtors Act, Chap-
ter 23;
Saint Lucia, Articles 2133 to 2140 (entitled Imprisonment in civil
cases) of the Civil Code, Chapter 242;
Saint Vincent, the Debtors Ordinance, Chapter 26.

Judgment etc. for payment of money to person resident outside the
scheduled territories

2.-(1) Where any person is directed by any judgment, order or award
to pay any money to or for the credit of a person who is resident outside
the scheduled territories, he must, unless the Financial Secretary has given
permission for the payment under the Exchange Control Act unconditionally
or upon conditions which have been complied with, pay the money into
court.
(2) Payment into court under paragraph (1) shall, to the extent
of the amount paid in, be a good discharge to the person making the payment,
and no steps may be taken to enforce the judgment, order or award to the
extent of that amount.
(3) Notice of a payment into court under this rule must be given
to the plaintiff, his solicitor or agent and to any person required by the
judgment, order or award to be given notice of such payment.

Enforcement of judgment for possession of land

3.-(1) Subject to the provisions of these rules, a judgment or order
for the giving of possession of land may be enforced by one or more of
the following means, that is to say-
(a) writ of possession ;
(b) in a case in which rule 5 applies, an order of committal;
(c) in a case in which rule 5 applies, writ of sequestration.
(2) A writ of possession to enforce a judgment or order for the
giving of possession of any land shall not be issued without the leave of
the Court except where the judgment or order was given or made in a
mortgage action to which Order 58 applies.
(3) Such leave shall not be granted unless it is shown thav every
person in actual possession of the whole or any part of the land has rer. ived
such notice of the proceedings as appears to the Court sufficient to enable
him to apply to the Court for any relief to which he may be entitled.








(4) A writ of possession may include provision for enforcing the
payment of any money adjudged or ordered to be payed by the judgment
or order which is to be enforced by the writ.

Enforcement of judgment for delivery of goods

4.-(1) Subject to the provisions of these rules, a judgment or order
for the delivery of any goods which does not give a person against whom
the judgment is given or order made the alternative of paying the assessed
vaiue of the goods may be enforced by one or more of the following means,
that is to say-
(a) writ of delivery to recover the goods without alternative pro-
vision for recovery of the assessed value thereof (hereafter
in this rule referred to as a "writ of specific delivery");
(b) in a case in which rule 5 applies, an order of committal;
(e) in a case in which rule 5 applies, writ of sequestration.
(2) Subject to the provisions of these rules, a judgment or order
for the delivery of any goods or payment of their assessed value may be
enforced by one or more of the following means, that is to say-
(a) writ of delivery to recover the goods or their assessed value;
(b) with the leave of the Court, writ of specific delivery;
(c) in a case in which rule 5 applies, writ of sequestration.
(3) A writ of specific delivery, and a writ of delivery to recover any
goods or their assessed value, may include provision for enforcing the pay-
ment of any money adjudged or ordered to be paid by the judgment or
order which is to be enforced by the writ.
(4) A judgment or order for the payment of the assessed value of
any goods may be enforced by the same means as any other judgment or
order for the payment of money.

Enforcement of judgment to do or abstain from doing any act

5.-(1) Where-
(a) a person required by a judgment or order to do an act within
a time specified in the judgment or order refuses or neglects
to do it within that time or, as the case may be, within that
time as extended or abridged under Order 3, rule 5, or
(b) a person disobeys a judgment or order requiring him to abstain
from doing an act,
then, subject to the provisions of these rules, the judgment or order may
be enforced by one or more of the following means, that is to say-
(i) with the leave of the Court, a writ of sequestration against
the property of that person;










(ii) where the person is a body corporate, with the leave of the
Court, a writ of sequestration against the property of any
director or other officer of the body;
(iii) subject to the provisions of the Debtors Act, an order of
committal against that person or, where that person is a body
corporate, against any such officer.
(2) Where a judgment or order requires a person to do an act within
a time therein specified and an order is subsequently made under rule 6
requiring the act to be done within some other time, references in paragraph
(1) of this rule to a judgment or order shall be construed as references to
the order made under rule 6.
(3) Where under any judgment or order requiring the delivery of
any goods the person liable to execution has the alternative of paying the
assessed value of the goods, the judgment or order shall not be enforceable
by order of committal under paragraph (1), but the Court may, on the appli-
cation of the person entitled to enforce the judgment or order, make an
order requiring the first mentioned person to deliver the goods to the applicant
within a time specified in the order, and that order may be so enforced.

Judgment, etc. requiring act to be done: order fixing time for doing it

6.-(1) Notwithstanding that a judgment or order requiring a person
to do an act specifies a time within which the act is to be done, the Court
shall, without prejudice to Order 3, rule 5, have power to make an order
requiring the act to be done within another time, being such time after service
of that order, or such other time, as may be specified therein.
(2) Where, notwithstanding Order 42 rule 2 (1), or by reason of
Order 42, rule 2 (2), a judgment or order requiring a person to do an act
does not specify a time within which the act is to be done, the Court shall
havo power subsequently to make an order requiring the act to be done
within such time after service of that order, or such other time, as may be
specified therein.
(3) An application for an order under this rule must be made by
summons and the summons must, notwithstanding anything in Order 50,
rule 13, be served on the person required to do the act in question.

Service of copy of judgment, etc., prerequisite to enforcement under r. 5

7.-(1) In this rule reference to an order shall be construed as including
references to a judgment.
(2) Subject to Order 24, rule 16 (3), Order 26 rule 6 (3), and para-
graph (6) of this rule, an order shall not be enforced under rule 5 unless-
(a) a copy of the order has been served personally on the person
required to do or abstain from doing the act in question, gnu










(b) in the ease of nu order requriing a person to do an act, the copy
has been so served before the expiration of the time within
which he was required to do the act.
(3) Subject as aforesaid, an order requiring a body corporate to do
or abstain from do ng an aot shall not be enforced as mentioned in rule 5 (i)
(ii) or (iii) unless--
(a) a copy of the order has also been served personally on the
officer against whose property leave is sought to issue a writ
of sequestration or against whom an order of committal is
sought, and
(b) in the case of an order requiring the body corporate to do an
act, the copy lhas been so served before the expiration of the
time within which the body was required to do the act.
(4) There must he indorsed on the copy olt an order served under
this rule a notice aforminig lie person on whom the copy is served-
(a) in tIe casE of sr vice iundr paragraph (2), that if lie neglects
to obh'y the order within the time specified therein, or, if the
order is te abstain from doing an act. that if he disobeys the
order, lie is liable to process of execution to compel him to obey
it, and
(b) in the Case of service under paragraph (3), that if the body
corporate neglects to obey the order within the time so specified
or, if the order is to abstain from doing an act, that if the body
corporate ilibohevs the order, he is liable to process of execution
to co:tipel tli body to obey it.
(5) With the copy o[' an order required to be served under this ru!e,
being an order requiring a person to do an act, here must also be served
a copy of any order made under Order 3, rule 5, extending or abridging
the time for doing the act and. where the first-mentioned order was made
under rule 5 (3) ;;r 6 of this Order, a copy of the previous order requiring
the act to be done.
(6) Withow prejudice to its powers under Order 50, rule 4, the Court
may dispense wilh service of a copy of an order under this rule if it thinks
it just to do so.

Court may order act to be done at expense of disobedient party

8.-(1) If an order of mandamus, a mandatory order, an injunction or
a judgment or order for the specific performance of a contract is not com-
plied with, then, without prejudice to its powers under the relevant section
of the Supreme Court Act and its powers to punish the disobedient party for
contempt, the Court may direct that the acet required to be done may, so far
as practicable, be done by the party by whom the order or judgment was
obtained or some other person appointed by the Court, at the cost of the









disobedient party, and upon the act being done the expenses incurred may
be ascertained in such manner as the Court may direct and execution may
issue against the disobedient party for the amount so ascertained and for
costs.
(2) In this rule "the relevant section of the Supreme Court Act" means
the section of any enactment conferring jurisdiction on the Court in any
state which empowers the Court to order the execution of an instrument by
a person nominated by the Court for that purpose in the event of non-
compliance with a judgment or order.
Execution by or against person not being a party
9.-(1) Any person, not being a party to a cause or matter, who obtains
any order or in whose favour any order is made, shall be entitled to enforce
obedience to the order by the same process as if he were a party.
(2) Any person, not being a party to a cause or matter, against whom
obedience to any judgment or order may be enforced, shall be liable to the
same process for enforcing obedience to the judgment or order as if he
were a party.
Conditional judgment: waiver
10. A party entitled under any judgment or order to any relief subject
to the fulfilment of any condition who fails to fulfil that condition is deemed
to have abandoned the benefit of the judgment or order, and, unless thfe
Court otherwise directs, any other person interested may take any proceed-
ings which either are warranted by the judgment or order or might have
been taken if the judgment or order had not been given or made.

Matters occurring after judgment: stay of execution, etc.

11. Without prejudice to Order 68, rule 1, a party against whom a
judgment has been given or an order made may apply to the Court for a
stay of execution of the judgment or order or other relief on the ground of
matters which have occurred since the date of the judgment or order, and
the Court may by order grant such relief, and on such terms, as it thinks just.
Forms of writs
12.-(1) A writ of fieri facias must be in such of the Forms Nos. 61
to 67 in Appendix A as is appropriate in the particular case.
(2) Awrit for the seizure of movable or immovable property in Saint
Lucia must be in Form No. 68 in Appendix A.
(3) A writ of delivery must be in Form No. 69 or 70 in Appendix A,
whichever is appropriate.
(4) A writ of possession must be in Form No. 71 in Appendix A.
(5) A writ of sequestration must be in Form No. 72 in Appendix A









Enforcement of judgments and orders for recovery of money, etc.

13.-(1) Rule 1 (1) of this Order, with the omission of sub-paragraphs
(e) and (f) thereof, and Orders 67 to 71 shall apply in relation to a judgment
or order for the recovery of money as they apply in relation to a judgment
or order for the payment of money.
(2) Rule 3 of this Order, with the omission of paragraph (1) (b)
and (c) thereof, and Order 68, rule 3 (2), shall apply in relation to a judg-
ment or order for the recovery of possession of land as they apply in relation
to a judgment or order for the giving or delivery of possession of land.
(3) Rule 4 of this Order, with the omission of paragraphs 1 (b) and
(e) and (2) (c) thereof, and Order (i8, rule 3 (2), shall ipply in relation to
a judgment or order that a person do have a return of any goods and to a
judgment or order that a person do have a return of any goods or do recover
the assessed value thereof as they apply in relation to a judgment or order
for the delivery of any goods and a judgment or order for the delivery of
any goods or payment of the assessed value thereof respectively.
ORDER 67

WRITS OF EXECUTION: GENERAL

Interpretation
1. In this Order, unless the context otherwise requires.-
"writ of execution" includes a writ of fieri facias, i.e., for the seizure
and sale of goods and chattels, money and securities for money,
in Saint Lucia a writ for the seizure and sale of movable or
immovable property, a writ of possession, a writ of delivery,
a writ of sequestration and any further writ in aid of any of
the afore-mentioned writs;
"the sheriff" includes the provost-marshal.

When leave to issue any writ of execution is necessary

2.--(1) A writ of execution to enforce a; judgment or order may not
issue without the leave of the Court in following cases, that is to say:-
(a) where six years or more have elapsed since the date of the
judgment or order;
(b) where any change has taken place, whether by death or other-
wise, in the parties entitled or liable to execution under the
judgment or order,
(c) where the judgment or order is against the assets of a deceased
person coming to the hands of his executors or administrators
after the date of the judgment or order, and it is sought to issue
execution against such assets;









(d) where under the judgment or order any person is entitled to
relief subject to the fulfilment of any condition which it is
alleged has been fulfilled;
(e) where any goods sought to be seized under a writ of execution
are in the hands of a receiver appointed by the Court or a
sequestrator.
(2) Paragraph (1) is without prejudice to any enactment or rule by
virtue of which a person is required to obtain the leave of the Court for the
issue of a writ of execution or to proceed to execution on or otherwise to the
enforcement of a judgment or order.
(3) Where the Court grants leave, whether under this rule or other-
wise, for the issue of a writ of execution and the writ is not issued within
one year after the date of the order granting such leave, the order shall cease
to have effect, without prejudice, however, to the making of a fresh order.

Leave required for issue of writ in aid of other writ

3. A writ of execution in aid of any other writ of execution shall not
issue without the leave of the Court.

Application for leave to issue writ

4.-(1) An application for leave to issue a writ of execution may be
made exparte unless the Court directs it to be made by summons.
(2) Such an application must be supported by an affidavit-
(a) identifying the judgment or order to which the application
relates and, if the judgment or order is for the payment of
money, stating the amount originally due thereunder at the
date of the application;
(b) stating, where the case falls within rule 2 (1) (a), the reasons
for the delay in enforcing the judgment or order;
(c) stating, where the case falls within rule 2 (1) (b), the change
which has taken place in the parties entitled or liable to execu-
tion since the date of the judgment or order;
(d) stating, where the case falls within rule 2 (1) (c) or (d), that
a demand to satisfy the judgment or order was made on the
person liable to satisfy it and that he has refused or failed to
do so;
(e) giving such other information as is necessary to satisfy the
Court that the applicant is entitled to proceed to execution on
the judgment or order in question and that the person against
whom it is sought to issue execution is liable to execution on it.
(3) The Court hearing such application may grant leave in accordance
with the application or may order that any issue or question, a decision on









which is necessary to determine the rights of the parties, be tried in any
manner in which any question of fact or law arising in an action may be
tried and, in either case, may impose such terms as to costs or otherwise as
it thinks just.

Application for leave to issue writ of sequestration

5.-(1) Notwithstanding anything in rules 2 and 4, an application for
leave to issue a writ of sequestration must be made to a judge by motion.
(2) Subject to paragraph ('), the notice of motion stating the grounds
of the application and accompanied by a copy of the affidavit in support of
the application must be served personally on the person against whose
property it is sought to issue the writ.
(3) Without prejudice to its powers under Order 50, rule 4, the Court
may dispense with service of the notice of motion under this rule if it thinks
it just to do so.
(4) The Judge hearing an application for leave to issue a writ of
sequestration may sit in private in any case in which, if the application wore
for an order of committal, he would be entitled to do so by virtue of Order
72, rule 6, but except in such a case, the application shall be heard in open.
court.
(5) A writ of sequestration shall bind the real property of the judg-
ment debtor and his personal property in possession from the date of
issue of the writ in the same manner and to the same extent as a judgment
or order for the payment of money.

Issue of writ of execution

6.-(1) Issue of a wril of execution takes place on its being sealed by
an officer of the Registry.
(2) Before such a writ is issued a praceipe for its issue must be filed.
(3) The praecipe must be signed by or on behalf of the solicitor of the
person entitled to execution or, if that person is acting in person, by him.
(4) No such writ shall be sealed unless at the time of the tender thereof
for sealing-
(a) the person tendering it produces-
(i) the judgment or order on which the writ is to issue, or an
office copy thereof,
(ii) where the writ may not issue without ihe leave of the Court,
the order granting such leave or evidence of the granting
of it.
(iii) where rule 7 (2) applies, the Financial Secretary's written
permission therein referred to; and









(b) the officer authorised to seal it is satisfied that the period, if
any, specified in the judgment or order for the payment of any
money or the doing of any other act thereunder has expired.
(5) The Registrar if in doubt whether the person applying is entitled
to execution may refer the matter to a judge for his directions.

(6) Every writ of execution shall bear the date of the day on which
it is issued.

Writ and praecipe where Exchange Control Act applies

7.-(1) Where any party entitled to enforce judgment or order for the
payment of money is resident outside the scheduled territories, then unless
the Financial Secretary has given permission under the Exchange Control
Act for payment of the money to him unconditionally or on conditions which
have been complied with, any writ of execution to enforce that judgment or
order must direct the sheriff to pay the proceeds of execution into court.

Notice of a payment into court in compliance with such a direction
must be given by the sheriff to the party by whom the writ of execution was
issued or to his solicitor or agent.
(2) Where the Financial Secretary has given such permission uncon-
ditionally or on conditions which have been complied with, the praecipe for
the issue of a writ of execution to enforce the judgment or order in question
must be indorsed with a certificate of that fact.

Duration and renewal of writ of execution

8.-(1) For the purpose of execution, a writ of'execution is valid in the
first instance for 12 months beginning with the date of its issue.
(2) Where a writ has not been wholly executed the Court may by
order extend the validity of the writ from time to time for a period of 12
months at any one time beginning with the day on which the order is made,
if an application for extension is made to the Court before the day next fol-
lowing that on which the writ would otherwise expire.
(3) Before a writ the validity of which has been extended under this
rule is executed either the writ must be sealed with the seal of the office
out of which it is issued showing the date on which the order extending its
validity was made or the applicant for the order must serve a notice (in
Form No. 76 in Appendix A) sealed as aforesaid, on the sheriff to whom
the writ is directed informing him of the making of the order and the date
thereof.
(4) The priority of a writ, the validity of which has been extended
under this rule, shall be determined by reference to the date on which it was
originally delivered to the sheriff,









(5) The production of a writ of execution, or of such a notice as is
mentioned in paragraph (3), purporting in either case to be sealed as men-
tioned in that paragraph, shall be evidence that the validity of that writ or,
as the ease may be, of the writ referred to in that notice, has been extended
under this rule.

ORDER 68

WRITS FOR SEIZURE AND SALE OF PROPERTY

Power to stay execution by writ of fieri facias

I.-(1) Where a judgment is given or an order made for payment by
any person of money, and the Court is satisfied, on an application made at
the time of the judgment or order, or at any time thereafter, by the judgment
debtor or other party liable to execution-
(a) that there are special circumstances which render it inexpedient
to enforce the judgment or order, or
(b) that the applicant is unable from any cause to pay the money,
then, notwithstanding anything in rule 2 or 3, the Court may by order stay
the execution of the judgment or order by writ of fieri facias either absolutely
or for such period and subject to such conditions as the Court thinks fit.
(2) An application under this rule, if not made at the time the judg-
ment is given or order made, must he made by summons and may be so made
notwithstanding that the party liable to execution did not enter an appear-
ance in the action.
(3) An application made by summons must be supported by an affi-
davit made by or on behalf of the applicant stating the grounds of the
application and the evidence necessary to substantiate them and, in particular,
where such application is made on the grounds of the. applicant's inability
to pay, disclosing his income, the nature and value of any property of his and
the amount of any other liabilities of his.
(4) The summons and a copy of the supporting affidavit must, not less
than 4 clear days before the return day, be served on the party entitled to
enforce the judgment or order.
(5) An order staying execution under this rule may be varied or
revoked by a subsequent order.

Two or more writs of fieri facias
2.-(1) A party entitled to enforce a judgment or order by writ of fieri
facias may issue two or more such writs, directed to the sheriffs of different
States at either the same time or different times, to enforce that judgment
or order, but no more shall be levied under all those writs together than is
authorized to be levied under one of them.









(2) Where a party issues two or more writs of fieri facias directed
to the sheriffs of different States to enforce the same judgment or order
he must inform each sheriff of the issue of the other writ or writs.
Separate writs to enforce payment of costs, etc.
3.-(1) Where only the payment of money, together with costs to be
taxed, is adjudged or ordered, then, if when the money becomes payable
under the judgment or order the costs have not been taxed, the party entitled
to enforce that judgment or order may issue a writ of fieri facias to enforce
payment of the sum (other than for costs) adjudged or ordered and, not
less than 8 days after the issue of that writ, he may issue a second writ to
enforce payment of the taxed costs.

(2) A party entitled to enforce a judgment or order for the delivery
of possession of any property (other than money) may, if he so elects, issue
a separate writ of fieri facias to enforce payment of any damages or costs
awarded to him by that judgment or order.

No expenses of execution in certain cases

4. Where a judgment or order is for less than $200 and does not entitle
the plaintiff to costs against the person against whom a writ of fieri facias
to enforce the judgment or order is issued, the writ may not authorise the
sheriff to whom it is directed to levy any fees, poundage or other costs of
execution.

Order for sale otherwise than by auction

5.-(1) An order of the Court under the relevant section of the Bank-
ruptcy Act that a sale under an execution may be made otherwise than by
public auction may be made on the application of the person at whose instance
the writ of execution under which the sale is to be made was issued or the
person against whom that writ was issued (in this rule referred to as "the
judgment debtor") or the sheriff to whom it was issued.

(2) Such an application must be made by summons and the summons
must contain a short statement of the grounds of the application.

(3) Where the applicant for an order under this rule is not the sheriff,.
the sheriff must, on the demand of the applicant, send to the applicant a
list containing the name and address of every person at whose instance any
other writ of execution against the goods of the judgment debtor was issued
and delivered to the sheriff (in this rule referred to as "the sheriff's list");
and where the sheriff is the applicant, he must prepare such a list.
(4) Not less than 4 clear days before the return day the applicant
must serve the summons on each of the other persons by whom the application
might have been made and on every person named in the sheriff's list.









(5'o Service of Ihe summons on ;i person named in the sheriff's list is
notice to him for the purpose of any section of the Bankruptcy Act which
provides that the Court slhil not consider an application for leave to sell
privately goods taken in exeention until notice directed by rules of court
has been given to any other execution creditor.
(6) The applicant must produce the sheriff's list to the Court on the
hearing of the application.
(7) Every person on whom the summons was served may attend and
be heard oil the hearing of the appllication.

6. Rules 1, 2 amil 3 shall apply to writs of execution for the seizure
and sale of property in Salit Lucia with the following modifications-
(a) references in rules I and 3 to a writ of fieri facias shall be con-
strued as references to a writ of Execution for the seizure
and sale of movable or immovable property.
(b) references in rule 2 to a writ of fieri facias shall be construed
as references to a writ of execution for the seizure and sale
of movable properly;
(e) regard shall be had to articles 422 and 424 of the Code of
Civil Procehdure, Chapter 243.

Interpretation

7. In this Order-
"Sheriff" includes the provost-marshal;
"Bankruptcy Act" means an enactment which regulates tile admin-
istration of the estate of bankropts, and in relation to Saint
Lucia, includes the provisions of Title IX of the Commercial
Code, Chapter 241.

ORDER (i9

EXAMINATION OF JUDGMENT DEBTOR, ETC.

Order for examination of judgment debtor

].-(1) Whwre a person has obtained a judgment or order for the pay-
ment by some other person i hereinafter referred to as "the judgment debtor")
of money, the Court may, on ;in applie;tion made ex parte by the person
entitled to enforce the ljugment or order, order the judgment debtor or,
if the judgment debtor is a body corporate, an officer thereof, to attend
before a Judge in chambers and be orally examined on the questions-
a) whether any aiid. i1 so, what debts are owing to the judgment
debtor, and







25 /

(b) whether the judgment debtor has any and, if so, what other
property or means of satisfying the judgment or order;
and the Court may also order the judgment debtor or officer to produce
any books or documents in the possession of the judgment debtor relevant
to the questions aforesaid at the time and place appointed for the examin-
ation.
(2) An order under this rule must be served personally on the judg-
ment debtor and on any officer of a body corporate ordered to attend for
examination.

Examination of party liable to satisfy other judgment

2. Where any difficulty arises in or in connection with the enforcement
of any judgment or order, other than such a judgment or order as is men-
tioned in rule 1, the Court may make an order under that rule for the attend-
ance of the party liable to satisfy the judgment or order and for his examin-
ation on such questions as may be specified in the order, and that rule shall
apply accordingly with the necessary modifications.

Order of arrest in certain cases

3. If it is made to appear to the Court that there is probable cause to
believe that the judgment debtor is about to leave the State, or if he shall
not appear in obedience to the order the Court may in its discretion issue
a warrant for the personal arrest of the judgment debtor, and for his custody
in prison until the day appointed for the examination, when he shall be
brought before the Court under the warrant, unless sooner discharged by
order of the Court.

Examination of witnesses

4. Whether the judgment debtor appears or not, the applicant and all
other witnesses whom the Court thinks requisite, may be examined on oath,
or otherwise, on the questions mentioned in rule 1.

Adjournment and security

5. The Court may, if it thinks fit, adjourn the examination from time
to time, and require from the judgment debtor such security for his appear-
ance at the adjourned hearing as seems fit, and in default of his finding
security, may order that he be detained in custody under the same warrant
until the adjourned hearing, or may discharge him from custody.

Examiner to make record of debtor's statement

6. The Judge conducting the examination shall take down, or cause
to be taken down, in writing the statement made by the judgment debtor









or other person at the examination, cause it to be read to him and ask him
to sign it; and if he refuses the Judge shall sign the statement.

Interim order
17 The Court may, upon such exainiation, make any interim order
for the protection of any property applicable or available in discharge of
the judgment or order, as it thinks expedient.

Close of examination

8. At the (lose of the examination the judgment debtor, if still in custody
under warrant as aforesaid, shall be discharged.
ORDER 70

GARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtor

1.-(1) Where a person (in this Order referred to as ("the judgment
creditor") has obtained ;i judgment or order for the payment by some other
person (in this Order referred to as "the judgment debtor") of money, not
being a judgment or order for the payment of money into court, and any
other person within the jurisdiction (in this Order referred to as "the
garnishee") is indebted to the judgment debtor, the Court may, subject to
the provisions of this Order and of any enactment, order the garnishee
to pay the judgment rerditor the amount of any debt due or accruing due
to the judgment debtor from the garnishee, or so much thereof as is sufficient
to satisfy that judgment or order and the costs of the garnishee proceedings.
(2) An order under this rule shall in the first instance be an order
to show cause, specifying the time and place for further consideration of
the matter, and in thlie meantime attaching such debt as is menlioned in
paragraph (1), or so muchi thereof as may be specified in the ord er, to answer
the judgment or order mentioned in that paragraph and the costs of the
garnishee proceedings.
(3) In its application to Saint Lucia, for the reference in paragraph (1)
to the power of the Court to order tile garnishee to pay the judgment creditor
the amount of any debt due or a(ceruing to the judgment debtor shall be
substituted a reference to the power of the Court to order the garnishee
to pay any such debt into court for distribution among the creditors as in
sales of execution against movables.

Applicacion for order

2. An application for an order under rule 1 must be made exparte
supported by an affidavit-









(a) identifying the judgment or order to be enforced and stating
the amount remaining unpaid under it at the time of the appli-
cation, and
(b) stating that to the best of the information or belief of the
deponent the garnishee (naming him) is within the jurisdiction
and is indebted to the judgment debtor and stating the sources
of the deponent's information or the grounds for his belief.

Service and effect of order to show cause

3.-(1) An order under rule 1 to show cause must, at least 7 days before
the time appointed thereby for the further consideration of the matter, be
served-
(a) on the garnishee personally, and
(b) unless the Court otherwise directs, on the judgment debtor.
(2) Such an order shall bind in the hands of the garnishee as from
the service of the order on him any debt specified in the order or so much
thereof as may be so specified.

No appearance or dispute of liability by garnishee

4.-(1) Where on the further consideration of the matter the garnishee
does not attend or does not dispute the debt due or claimed to be due from
him to the judgment debtor, the Court may, subject to rule 7, make an
order absolute under rule 1 against the garnishee.
(2) An order absolute under rule 1 against the garnishee may be
enforced in the same manner as any other order for the payment of money.

Dispute of liability by garnishee
5. Where on the further consideration of the matter the garnishee
disputes liability to pay the debt due or claimed to be due from him to the
judgment debtor, the Court may summarily determine the question at issue
or order that any question necessary for determining thli liability of the
garnishee be tried in any manner in which any question or issue in an action
may be tried.

Claims of third persons
6.-(1) If in garnishee proceedings it is brought to the notice of the
Court that some other person than the judgment debtor is or claims to be
entitled to the debt sought to be attached or has or claims to have a charge
or lien upon it, the Court may order that person to attend before the Court
and state the nature of his claim with particulars thereof.
(2) After hearing any person who attends before the Court in com-
pliance with an order under paragraph (1), the Court may summarily deter-
mine the questions at issue between the claimants or make such other order









as it thinks just, including an order that any question or issue necessary for
determining the validity of the claim of such other person as is mentioned
in paragraph (1) be tried in such manner as is mentioned in rule 5.

Judgement creditor resident outside scheduled territories

7.-(1) The Court shall not make an order under rule 1 requiring the
garnishee to pay any sum to or for the credit of any judgment creditor resi-
dent outside the scheduled territories unless that creditor produces a certifi-
cate that the Financial Secretary has given permission under the Exchange
Control Act for the payment unconditionally or on conditions which have been
complied with.
(2) If it appears to the Court that payment by the garnishee to the
judgment creditor will contravene any provision of the said Act, it may
order the garnishee to pay into court the amount due to the judgment creditor
and the costs of the garnishee proceedings after deduction of his own costs,
if the Court so orders.

Discharge of garnishee

8. Any payment made by a garnishee in compliance with an order
absolute under this Order, and any execution levied against him in pursuance
of such an order, shall be a valid discharge of his liability to the judgment
debtor to the extent of the amount paid or levied notwithstanding that the
garnishee proceedings are subsequently set aside or the judgment or order
from which they arose reversed.

Money in dourt

9.-(1) Where money is standing to the credit of the judgment debtor
in court, the judgment creditor shall not be entitled to take garnishee proceed-
ings in respect of that money but may apply to the Court by summons for
an order that the money or so much thereof as is sufficient to satisfy the
judgment or order sought to be enforced and the costs of the application
be paid to the judgment creditor.

(2) Where by virtue of any enactment money in court is paid into
the Government Treasury, then, on issuing a summons under this rule the
applicant must produce the summons at the office of the Accountant General
and leave a copy at that office, and the money to which the application relates
shall not be paid out of court until after the determination of the application.
If the application is dismissed, the applicant must give notice of
that fact to the Accountant General.
(3) Unless the Court otherwise directs, the summons must be served
on the judgment debtor at least 7 days before the day named therein for
the hearing of it.









(4) The Court hearing an application under this rule may make such
order with respect to the money in court as it thinks just.

Costs

10. The costs of any application for an order under rule 1 or 9, and of
any proceedings arising therefrom or incidental thereto, shall, unless the
Court otherwise directs, be retained by the judgment creditor out of the
money recovered by him under the order and in priority to the judgment
debt.

Modification of certain enactments

11.-(1) Articles 479 to 493 of the Code of Civil Procedure, Chapter 243
of the Revised Laws of Saint Lucia shall cease to apply to the seizure of
debts due to the judgment debtor.

(2) Sections 304 to 322 of the Civil Procedure Ordinance, Chapter 58
of the Revised Laws of Grenada shall cease to apply to the seizure of debts
due to the judgment debtor.

(3) Sections 290 to 308 of the Civil Procedure Code, No. 3 of 1884
of the Laws of Saint Vincent, shall cease to apply to the seizure of debts
due to the judgment debtor.

ORDER 71

CHARGING ORDERS

Order imposing charge on securities

1. (1) The Court may for the purpose of enforcing a judgment or
order for the payment of an ascertained sum of money to a person by order
impose on any interest to which the judgment debtor is beneficially entitled
in such of the securities to which this rule applies as may be specified in
the order a charge for securing payment of the amount due under the judg-
ment or order and interest thereon.

(2) Any such order sh0ll in thl first instance be -n order to show
cause, specifying the time and place for further consideration of the matter
and imposing the charge until that time in any event.
(3) The securities to which this rule applies are-
(a) any government stock, and any stock of any public company
-incorporated in the State, including any such stock standing
in the name of the Financial Secretary or the Accountant Gen-
eral, and
(b) any dividend of or interest payable on such stock.









(4) In this Order "government stock" means any stock issued by
the government of the State or any funds of or annuity granted by that
government, and "stock" includes shares, debentures and debenture stock.

Application for order under r. 1

2. An application for an order under rule 1 must be made exparte
supported by an affidavit-
(a) identifying the judgment or order to be enforced, stating the
amount unpaid under it at the date of the application, and
showing that the applicant is entitled to enforce the judgment
or order;
(b) specifying the securities on toe judgment debtor's interest in
which it is sought to impose a charge and in whose name they
stand ;
(c) stating that to the best of 1he information or belief of the depon-
ent the judgment debtor is beneficially entitled to an interest in
the securities in question, describing that interest and station
the sources of the deponent's information or the grounds for
his belief.

Service of notice of order to show cause

3.-(1) Unless the Court otherwise directs, a (opy of the order under
rule 1 to show cause must, at least 7 days before the time appointed thereby
for the further consideration of the matter, be served on the judgment debtor,
and if he does not attend on such consideration proof of service must be given.
(2) Notice of the making of the order to show cause, with a copy
of that order, must as soon as practicable after the making of the order be
served-
(a) where the order relates to government stock, on the Financial
Secretary,
(b) where the ord(,r relates to other stock, on the company con-
cerned,
(c) where thie order relates to stock standing in the name of the
Accountant General, on the Accountant General,
(d) where the order relates to stock standing in the name of the
Financial Secretary, on the Financial Secretary.

Effect of order to show cause

4.-(1) No disposition by the judgment debtor of his interest in any
securities to which an order under rule 1 to show cause relates made after
the making of that order shall, so long as that order remains in force, be valid
as against the judgment creditor.








(2) Until such order is discharged or made absolute the Financial
Secretary, the Accountant General or, as the case may be, a company shall
not permit any transfer of any such stock as is specified in the order, or pay
to any person any dividend thereof, or interest payable thereon, except with
the authority of the Court.
(3) If after notice of the making of such order is served on the Finan-
cial Secretary or the Accountant General or a company the Financial Secretary,
the Accountant General or the company permits any transfer or makes any
payment prohibited by paragraph (2), it shall be liable to pay the judgment
creditor the value of the stock transferred or, as the case may be, the amount
of the payment made or, if that value or amount is more than sufficient to
satisfy the judgment or order to which such order relates, so much thereof
as is sufficient to satisfy it.

Making and effect of charging order absolute

5.-(1) On the further consideration of the matter the Court shall, unless
it appears that there is sufficient cause to the contrary, make the order abso-
lute with or without modifications.

(2) Where on the further consideration of the matter it appears to the
Court that the order should not be made absolute it shall discharge the order.

(3) A charge imposed by an order under rule 1 made absolute under
this rule shall have the same effect, and the judgment creditor in whose
favour it is made shall, subject to paragraph (4)5 have the same remedies for
enforcing it, as if it were a valid charge effectively male by the judgment
debtor.

(4) No proceedings to enforce a charge imposed by an order made
absolute under this rule shall be taken until after the expiration of 6 months
from the date of the order to show cause.

Discharge, etc. of charging order

6. The Court, on the application of the judgment debtor or any other
person interested in the securities to which an order under rule 1 relates,
may at any time, whether before or after the order is made absolute, discharge
or vary the order on such terms (if any) as to costs as it thinks just.

Money in court: charging order

7.-(1) The Court may for the purpose of enforcing a judgment or
order for the payment of an ascertained sum of money to a person by order
impose on any interest to which the judgment debtor is beneficially entitled
in any money in court identified in the order a charge for securing payment
of the amount due under the judgment or order and interest thereon.









(2) Any such order shall in the first instance be an order to show
cause, specifying the time and place for the further consideration of the
matter and imposing the charge until that time in any event.
(3) Rules 2 and 3 (1) shall, with the necessary modifications, apply
in relation to an application for an order under this rule and to the order
as they apply in relation to an application for an order under rule 1 and to
such order.
(4) In a State where by law money in court is lodged in the Treasury,
notice of the making of an order under this rule to show cause, with a copy
of that order, must as soon as practicable after the making of the order, be
served on the Accountant General.
(,5) Rules 4 (1), 5 (1) and (2) and 6 shall, with the necessary modifi-
cations. apply in relation to an order under this rule as they apply in relation
to an order under rule 1.

ORDER, 72

RECEIVERS: EQUITABLE EXECUTION

Appointment of receiver by way of equitable execution

1.-(1) Where an application is made for the appointment of a receiver
by way of equitable execution, the Court in determining whether it is just or
convenient that the appointment should be made shall have regard to the
amount claimed by the judgment creditor, to the amount likely to be obtained
by the receiver and to the probable costs of his appointment and may direct
an inquiry on any of these matters or any other matter before making the
appointment.
(2) Where on an application for the appointment of a receiver by
way of equitable execution it appears to the Court that the judgment creditor
is resident outside the scheduled territories, or is acting by order or on
behalf of a person so resident, then, unless the permission of the Financial
Secretary required by the Exchange Control Act has been given uncondi-
tionally or on conditions which have been complied with, any order for the
appointment of a receiver shall direct that the receiver shall pay into court to
the credit of the cause or matter in which he is appointed any balance due
from him after deduction of his proper remuneration.

Application of rules as to appointment of receiver, etc.

2. An application for the appointment of a receiver by way of equitable
execution may be made in accordance with Order 30. rule 1, and rules 2 to 6
of that Order shall apply in relation to a receiver appointed by way of equit-
able execution as they apply in relation to a receiver appointed for any other
purpose.









ORDER 73

COMMITTAL

Committal for contempt of court

1.-(1) The power of the Iligh Court or Court of Appeal to punish for
contempt of. court may be exercised by an order of committal.
(2) Where contempt of court is committed in connection with any
proceedings in the Hi-ih Court or in an inferior court, then, unless any enact-
ment otherwise provides, an order of committal may be made by a single
Judge of the Court.
(3) Where by virtue of any enactment the High Court has power to
punish or take steps for the punishment of any per'aon charged with having
done any thing in relation to a court, tribunal or person which would, if
it had been done in relation to the High Court, have been a contempt of that
Court, an order of committal may be made by a single Judge of the Court.

Application for order

2.-(1) Where an application for an order of committal may be made
to the Court, the application must be made by motion and be supported by
an affidavit.
(2) Subject to paragraph (3), the notice of notion, stating the grounds
of the application and accompanied by a copy of tle affidavit in support of
the application, must be served personally on tie person sought to be
committed.
(3) Without prejudice to its pow.rm' under Orider 50, rule 4, the Court
may dispense with service of the notice of motion under this rule if it thinks
it just to do so.

Saving for power to commit without application for purpose

3. Nothing in the foregoing provi.ols of this Order shall be taken as
affecting the power of the Ilighl Court < r ('Co'r of Appeal to make an order
of committal of its own motion against a person guilty of contempt of court.

Provisions as to hearing

4.-(1) Subject to paragraph (2), the Coirt hearing an application for
an order of committal may sit in private in the following cases, that is to say-
(a) where the application arises out of proceedings relating to the
hardship or adoption of an infant or wholly or mainly to the
guardianship, custody maintenance or upbringing of an infant,
or rights of access to an infant;








(b) where the application arises out of proceedings relating to a
person suffering or appearing to be suffering from mental dis-
order within the meaning of the Mental Health Act;
(c) where the application arises out of proceedings in which a secret
process, discovery or invention was in issue;
(d) where it appears to the Court that in 1he interest of the admin-
istration of justice or for reasons of national security the appli-
cation should be heard in private;
but, except as aforesaid, the application shall be heard in open court.

In this paragraph Mental Health Act means any enactment relating
to the care of the persons and administration of the property and affairs
of persons of unsound mind.

(2) If the Court hearing an application in private by virtue of para-
graph (1) decides to make an order of committal against the person sought to
be committed, it shall in open court state-
(a) the name of that person,
(b) in general terms the nature of the contempt of court in respect
of which the order of committal is being made, and
(c) if he is being committed for a fixed period, the length of that
period.

(3) Except with the leave of lhe Court hearing an application for an
order of committal, no grounds shall be relied upon at the hearing except
the grounds set out in the notice of motion under rule 2.

The foregoing provision is without prejudice to the powers of the
Court under Order 20, rule S.

(4) If on the hearing of the application the person sought to be com-
mitted expresses a wish to give oral evidence on his own behalf, he shall
be entitled to do so.

Power to suspend execution of committal order

5.-(1) The Court by whom an order of committal is made may by order
direct that the execution of the order of committal shall be suspended for
such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an
order under paragraph (1). the applicant for the order of committal must,
unless the Court otherwise directs, serve on the person against whom it was
made a notice informing him of the making and terms of the order under
that paragraph,










Discharge of person committed

6.-(1) The Court may, on the application of any person committed to
prison for any contempt of court, discharge him.
(2) Where a person has been committed for failing to comply with
a judgment or order requiring him to deliver any thing to some other person
or to deposit it in court or else-where, and a writ of sequestration has also
been issued to enforce that judgment or order, then, if the thing is in the
custody or power of the person coiinmitted, the commissioners apponited
by the writ of sequestration may take possession of it as if it were the property
of that person and, without prejudice to the generality of paragraph (1), the
Court may discharge the person committed and may give such direction
for dealing with the thing taken by the commissioners as it thinks fit.

Saving for other powers

7. Nothing in the foregoing provisions of this Order shall be taken
as affecting the power of the Couirt to make an order'requiring a person guilty
of contempt of court, or a person punishable by virtue of any enactment in
like maimer as if he had been guilty of contenmipt of the High Court, to pay
a fine or to give security for his good behaviour, and those provisions, so
far as applicable, and with the necessary modifications, shall apply in relation
to an application for such an order as they apply in relation to an application
for an order of committal.










APPENDIX A


FORMS

No. 60

Notice of judgment or order


(0. 63 r. 3)

[ Hfading as in causc or matter ]


Take notice that a judgment [or order] of this Court was given [or made]

on the day of 19 by which it

was [state substance of judtuicntf or order].

And also take nolie thal from Ihe time of the service of this notice you


[or the infant


or the patient


will be bound by the said judgment [ .r order] to the same extent as you [or he]
would have been if you [or he] had originally been made a party.


And also take notice thai without entering an appearance you [or the said
infant or patient] may within one month after the service of this notice apply
to the Court to discharge, vary or add to the said judgment [or order] and
that after entering an appear dance at the Registry of the Iligh Court, [address]
you [or the said infant or pa ient] may attend the proceedings under the said
judgment [or order].


Dated the


day of


(signed)


as ma4j be]







37

No. 61

Writ of fieri facias

(0. 66 r. 12)

[ Heading as in action ]

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom
of Great Britain and Northern Ireland and of Our other realms and territories
Queen, Head of the Commonwealth, Defender of the Faith.

To the sheriff of greeting:

Whereas in the above named action it was on the day

of 19 adjudged [or ordered] that the defendant C.D.

do pay the plaintiff A.B. $ [and $ costs or costs to be

taxed, which costs have been taxed and allowed at $ as appears by the

certificate of the taxing officer dated the day of 19 ] :

We command you that of the goods, chattels and other property of C.D.
in your State authorised by law to be seized in execution you cause to be made

the sums of $ and $ for costs of execution and also interest

on $ at lhe rate of $6 per cent. per annum from the day

of 19 until payment [together with sheriff's fees, costs of

lev'ying and all oth',r legal incidental expenses] and that immediately after
execution of this writ you have the amount levied in respect of the said sums
and interest before us in our High Court to be paid to the said A.B. in pursu-
ance of the said judgment [or order].

And in what manner you shall have executed this our writ, make appear

to us in our said Court immediately after the execution thereof.

Witness Chief Justice of the

West Indies Associated States Supreme Court, the day of 19







38
This writ was issued by of [agent
for of ] solicitor for the
[or This writ was issued by A.B. the [plaintiff] in person who resides
at ].
The words in this set of square brackets are to be omitted where the
judgment or order is for lhss than $200 and does not entity the plaintiff to
costs against the person against whom the writ is issued.

No. 62

Writ of fieri facias on order for costs'
0. 66 r. 12)
[ Heading as in cause or matter ]
ELIZABETH THE SECOND [ as in No. 61 ]
To the sheriff of greeting:

Whereas in the above named cause [or matter] it was on the day

of 19 ordered that the C.D.

do pay the A.B. costs to be taxed, which costs have been

taxed and allowed at $ as appears by the taxing officer's certificate
dated the day of 19

We command you that of the goods, chattels and other property of C.D.
in your- State authorised by law to be seized in execution you cause to be made
the sum of $ and $ for costs of execution, and also
interest on $ at the rate of $6 per cent per annum from the day
of 19 until payment together with sheriff's fees, costs of
levying and all other legal incidental expenses and that immediately after
execution of this writ you pay A.B. in pursuance of the said order the amount
levied in respect of the said sum and interest.

And we also [ as in No. 61 ]

Witness [ as in Xo. 61 ]


This writ [ as in No. 61 ]







39

No. 63

Writ of fieri facias requiring payment into court under Exchange Control Act

(0. 66 r. 12)
[Heading as in action ]

[ As in No. 61 but delete tAc words "to be paid to the said A.B. in pur-
suance of the said judgment [or order] ].

No. 64

"Writ of fieri facias after levy of part
(0.66 r.12)
[ H(ading as in action ]

ELIZABETH THE SECOND [ as in No. 61 ]

To the sheriff of greeting:

Whereas [ as in No. 61 ]

And whereas by our writ issued the day of 19 we

commanded you [or our sheriff of ] that of

the goods, chattels and other property of C.D. in your [or his] State you [or he]

should cause to be made the sums of $ and $ for costs of execution

and also interest on $ at $6 per cent. per annum from the day

of 19 until payment and should have in our High Court

to be paid to A.B. in pursuance of the said judgment [or order] the amount
levied in respect of the said sums and interest and should make appear to us

the manner in which you [or he[ had executed it.

And whereas the return of the said writ states that by virtue thereof

you [or he] cause to be made of the property aforesaid the sum of $

We command you that of the goods, chattels and other property of C.D.
in your State authorjsed by law tU be seized iu execution you cause to be made










the sum of $ the residue of the said $ and $ for costs

of execution and also interest on a$ the rate of $6 per cent. p;r annum

from the day of 19 until payment
[ continue as in No. (4 ]


No. 65

Writ of fieri fai.ins against personal representative
(0. (6i r. 12)
[ HrII(ig aus i? action ]

ELIZABETH TlHE SECOND [ as ihn Yo. 53 ].

To the Sheriff of greeting.

Whereas in the above naim(d action it was on the day

of 19 adjudged [or ordered] ihal the defendant C.D.

as executor \jr adminkisraitor] of E.F. deceased do pay the plaintiff A.B.

$ and $ eosts [or costs o b,, laxed which costs have been

taxed and allowed at $ as appears by the certifitale of the taxing officer

dated the day (of 19 ], the said sums and interest

to be levied of 11 a m : wt( lo W i:1 esi of lb, said E F. at the time of his
death in 1ho li I, is 1;' i' d in ( '.1). K s Lis exe iior I or idiinhislratorl
1o be admniniie( 1, i!' hle I 1 or shoii ,l l ', l. r l hl av. so 0 nmilh thereof iln his
iamnds to be alhninliS:ver, aN'., if he had not. 1]ien ihe said costs to be levied
of the goods. halitel an d otier properly of the dei''ndant (C.1. authorized
by law to be seized hi execuitnll :
We command you that of the real and personal estate, within the meaning
of the enaclment relating ino administration of estates of deceased persons, of
E.F. deceased, at the intoe of his death. which is in your State and in the hands
of C.D. as his execulor [or administrator! to be administered you cause to be

made the sums of n and $ for costs of execution and also

interest on $ at the rate of $6 per cent. per annum from the day








41
of 19 until payment [together with sheriff's fees, cost

of levying and all other legal incidental expenses] [and if the said C.D. has
not so much thereof in his hands to be administered that you cause to be made
of the goods, chattels and other property of C.D. in your State authorised by

law to be seized in execution the sum of $ for costs] and that

immediately after execution of this writ you have the amount levied in respect of
the said sums and interest before us in our High Court to be paid to the said
A.B. in pursuance of the said judgment.

And in what manner [ remainder as in No. 61 ]


No. 66

Writ of fieri facias to enforce judgment of High Court in another State

(0. 68 r. 2)

In the High Court of Justice

[ State ]

[ Title of action ]

ELIZABETH THE SECOND [ as in No. 61 ]

To the Sheriff of [ other State ] greeting:

Whereas by a judgment [or order] dated the day of 19

given in our Hgih Court of Justice in [ State ] it was adjudged [or ordered]

that C.D. do pay A.B. $

We command you that of the goods, chattels and other property of C.D.
in your State authorised by law to be seized in execution you cause to be made

the sums of $ and $ for costs of execution and also interest

on $ at the of $6 per cent. per annum from the day

of 19 until payment together with sheriff's fees

[ remainder as in No. 61 ]








42

No. 67

Writ of fieri facias to enforce foreign registered judgment
(0. 66 r. 12)

In the High Court of Justice

[ State ]

In the matter of the [ name of Act providing for the reciprocal enforcement
of foreign judgments ]
and

In the matter of a judgment of [ describe their court ] obtained in [ describe

the cat.us or ,iatftir and dated the day of 19

ELIZABETH TH`E SECOND [ as in No. 61 1

To the Sheriff of greeting:

Whereas by a judgment dated the day of 19

of [ describe the court I registered in our High Court of Justice pursuant
to [nan ( of Act providing for the reciprocal enforcement of foreign judgments]

it was adjudged that C.D. do pay A.B. francs [ or as may be ]

and the amount now due and owing under the said judgment is equivalent to

the sum of $


We command you that of the goods, chattels and other property of C.D. in
your State authorised by law to be seized in execution you cause to be made

the sums of $ and $ for costs of execution together with

sheriff's fees [ remainder as in. No. 61 ]








43

No. 68

Writ of seizure and sale
(0. 66 r. 12)
IN THE HIGH COURT OF JUSTICE
SAINT LUCIA
[ Heading as in cause or matter ]

ELIZABETH THE SECOND [ as in No. 61 ]

To the sheriff, greeting:
Whereas [ as in No. 61]
We command you that of the property of
C.D. in your State authorised by law to be seized in execution you cause to be
levied the sums of $ and $ for costs of execution and also
interest on $ at the rate of $6 per cent. per annum from the day
of 19 until payment '* [together with sheriff's fees, costs
of levying and all other legal incidental expenses] and that after execution of
this writ you have the amount levied in respect of the said sums and interest
before us in our High Court.
And in what manner you shall have executed this our writ, make appear
to us in our said Court.
This writ is returnable on the day of 19

Witness Chief Justice of the West Indies
Associated States Supreme Court, the day of 19

This writ was issued by of .[agent

for of Solicitor]

for [or This writ was issued by A.B.

the [ plaintiff ] in person who resides at ].
Registrar of the High Court
The words in this set of square brackets are to be omitted where the
judgment or order is for less than $200 and does not entitle the plaintiff to costs
against the person against whom the writ is issued.








44

No. 69

Writ of delivery: delivery of goods, damages and costs

(0. 66 r. 12)

[ Heading as in action ]

ELIZABETH THE SECOND [ as in No. 61 ]

To the sheriff of greeting:

Whereas in the above named action it was on the day of 19

adjudged [ or ordered] that the defendant C.D. do deliver to the plaintiff A.B.

the following goods, namely [ describe the goods delivery of which has been

adjudged or ordered ] [and $ damages] and $ costs [or costs

to be taxed, which costs have been taxed and allowed at $ as appears

by the certificate of the taxing officer dated the day of 19 ] :

We command you that you cause the said goods to be delivered to A.B.
and that of the goods, chattels and other property of C.D. in your State
authorised by law to be seized in execution you cause to be made the sums of


$ and $ for costs of execution and also interest on $ at


the rate of $6 per cent. per annum from the day of 19

until payment together with sheriff's fees, costs of levying and all other legal
incidental expenses and that immediately after [ remainder as in No. 61 ]








45

No. 70

Writ of delivery: delivery of goods or value, damages, costs

(0. 66 r. 12)
[ Heading as in action ]

ELIZABETH THE SECOND [ as in No. 61 ]


To the sheriff of greeting:


Whereas in the above named action it was on the day of 19

adjudged [or ordered] that the defendant C.D. do deliver to the plaintiff A.B.
the following goods, namely [ describe the goods delivery of which has been ad-

judged or ordered ] or do pay him $ being the assessed value of the said

goods, [and $ damages] and $ costs [or costs to be taxed, which costs

have been taxed and allowed at $ as appears by the certificate of the

taxing officer dated the day of 19 ]:

We command you that you cause the said goods to be delivered to A.B.
and that if possession of the said goods cannot be obtained by you you cause
to be made of the goods, chattels and other property of C.D. in your State

authorised by law to be seized in execution $ the assessed value of the

said goods.

And we also command you that of the said property of C.D. in your State

you cause to be made the sums of $ for [damages and] costs and

$ for costs of execution and also interest on $ at the rate of
$6 per cent. per annum from the day of 19 until

payment together with sheriff's fees, costs of levying and all other legal inci-
dental expenses.


And we also command you that immediately after execution of this writ
you [ remainder as in No. 61 ]








46

No. 71

Writ of possession

(0. 66 r. 12)

[ Heading as in action ]

ELIZABETH THE SECOND [ as in No. 61 ]

To the sheriff of greeting:

Whereas in the above named action it was on the day of 19

adjudged [or ordered] that the defendant C.D. do give the plantiff A.B.
possession of [describe the land delivery of which has been adjudged or ordered]

in your State and do pay him [$ and] $ costs [or costs to be

taxed, which costs have been taxed and allowed at $ as appears by the

taxing officer's certificate dated the day of 19 1 :

We connmand you that you enter the said land and cause A.B. to have
possession of it.

And we also command you that of the goods, chattels and other property
I remainder us in No. 611 :


No. 72

Writ of sequestration
(0. 66 r. 12)
[ Heading as in cause or matter ]
ELIZABETH THE SECOND [ as in No. 61 ]
To [ names of not less than three commissioners I greeting:
Whereas in the above named action for matter] in our High Court of

Justice it was on the day of 19 adjudged [or ordered]

that C.D. should [pay into Court the sum of $ or as may be] :
Know ye, therefore, that we, in confidence of your prudence and fidelity,
do by this writ authorise and command you, or any two of you, to enter upon










and take possession of all the real and personal estate of the said C.D. and to
collect, receive and get into your hands the rents and profits of his real estate
and all his personal estate and keep the same under sequestration in your
hands until the said C.D. shall [pay into Court to the credit of the said action

or matter the sum of $ or as may be] and clear his contempt and our
said Court make other order to the contrary.

Witness [ as in No. 61 ]

This writ was issued [ as in No. 61 ]


No. 73.

Writ of restitution

(0.67 r.1)

[ Heading as in action ]
ELIZABETH TIIE SECOND [ as in No. 61 ]

To the sheriff of greeting:

Whereas in the above named action it was on the day of 19

adjudged [or ordered] that the defendant C.D. do give the plaintiff A.B.
possession of [ describe the land delivery of which was adjudged or ordered 1:

And whereas on the day of 19 a writ of possession

was issued pursuant to the said judgment [or order] directing you to give
possession of the said land to the said A.B., but it appearing to our High Court
of Justice that certain other persons have wrongfully taken possession of the

said land and our said Court having on the day of 19

ordered that a writ of restitution should issue in respect of the said land-.

We command you that you enter the said land and cause A.B. to nave
restitution thereof.

And we also command you that you indorse [ remainder as in No. 01 )










No. 74

Writ of Assistance
(0.67 r. 1)
[ Heading as in action ]
ELIZABETH THE SECOND [as in No. 61 J
To the present and any future sheriff of greeting:
Whereas by an order dated the day of 19 made
in an action in our High Court of Justice between A.B., plaintiff, and C.D.,
defendant, the said C.D. was ordered to give to the said A.B. possession of the
land [or goods] therein described, namely [ describe the land or goods ], but
he the said C.D. and other persons have refused to obey the order and keep
the possession of the land [or goods] in contempt of us and our said Court::
And whereas by an order made in the said action dated the day
of 19 it was ordered that a writ of assistance should
issue to give the said A.B. possession of the said land [or goods] :
We' connmmand you that you [enter the said land and eject the said C.D.,
his tenants, servants and accomplices, each and every of them, from the said
land and every part thereof and put the said A.B. and his assigns into full,
peaceable and quiet possession thereof] [or put the said A.B. and his assigns
into full peaceable and quiel possession of the said goods] and defend and keep
him and his assigns in such peaceable and quiet possession, when and as often
as any inerrupl in thereof is at any lime effected, according to the intent of
the said orders. And herein you are not in any wise to fail.
Witness [ ias in No. 61 ]
This writ [ as in No. 61 ]
No. 75

Certificate of Treasury's permission under Exchange Control Act
(0. 67 r. 7 (2) ; 0. 70 r. 7 (1) )
I certify that the Financial Secretary's permission under the provisions
of the Exchange Control Act for the payment to [ name of judgment creditor ]
of the proceeds of execution has been given unconditionally [or upon condi-
tions which have been complied with.
Dated the day of 19
(signed)
Solicitor for







49

No. 76

Notice of renewal of writ of execution
(0. 67 r. 8)
[ Heading as in cause or matter ]

Take notice that the writ of issued in this cause [or matter]

directed to [the sheriff of ] and bearing date the day

of 19 has by order dated the day of 19

been renewed for one year beginning with the date of the said order.

To [the sheriff of ].

(signed)

Solicitor for

No. 77
Garnishee order to show cause
(0.70 r.1)

In the High Court of Justice

[ State ]
19 No.
[In Chambers]

Between A.B. Judgment creditor

and

C.D. Judgment debtor

F.G. Garnishee

Mr. Justice

Upon reading the affidavit of filed the day

of 19







50
It is ordered that all debts due or accruing due from the above-mentioned

garnishee to the above-mentioned judgment debtor [in the sum of $ ]

be attached to answer a judgment recovered against the said judgment debtor
by the above-named judgment creditor in the High Court of Justice on

the day of 19 for the sum [or to answer an order

made in the High Court of Justice on the day of 19

ordering payment by the said judgment debtor to the above-named judgment

creditor of the sum] of $ [debt and $ costs] (together with'

the costs of the garnishee proceedings) on which judgment [or order] the sum

of $ remains due and unpaid.

And it is ordered that the said garnishee attend a Judge in Chambers

at the Supreme Court Building [ address ] on the day of 19

at o'clock, on an application by the said judgment creditor

that the said garnishee do pay to the said judgment creditor the debt due from
the said garnishee to the said judgment debtor, or so much thereof as may be
sufficient to satisfy the said judgment [or order], together with the costs of the
garnishee proceedings.

Dated the day of i 19 ,

To the above-named garnishee

and judgment debtor

No. 78

Garnishee order absolute where garnishee owes more than judgment debt
(0.70 rr.1,4)
[ Heading as in No. 77 J
Upon hearing the solicitors for the judgment creditor and the garnishee,
and upon reading the affidavit of filed herein, and the order
to show cause made herein dated the day of 19 whereby it was









ordered that all debts due or accruing due from the above-named garnishee
to the above-named judgment debtor should be attached to answer a judgment
recovered against the said judgment debtor by the above-named judgment
creditor in the High Court of Justice on the day of 19
for the sum [or to answer an order made in the High Court of Justice dated
the day of 19
ordering payment by the said judgment debtor to the above-named judgment
creditor of the sum] of $ [debt and $ costs] (together with the

costs of the garnishee proceedings) on which judgment [or order] the sum of
$ remained due and unpaid:
It is ordered that the said garnishee do forthwith pay to the said judgment
creditor [or into court if the judgment creditor is resident outside the scheduled
territories as defined by the Exchanged Control Act, or would receive payment
of the said sum on behalf of a person so resident, unless the Financial Secretary's
permission under the said Act has been given unconditionally or upon conditions

which have been complied with] $ being so much of the debt due from

the said garnishee to the said judgment debtor as is sufficient to satisfy the said

judgment debt and costs, together with $ the costs of the garnishee

proceedings, and that the said garnishee be at liberty to retain $ for
his costs of this application out of the balance of the debt due from him to the
judgment debtor.
Dated the day of 19
No. 79
Garnishee order absolute where garnishee owes less than judgment debt
(0. 70 r.r. 1, 4)
[Heading as in No. 77 ]

Upon hearing [ as in No. 78 ]
It is ordered that the said garnishee (after deducting therefrom $ for
his costs of this application) do forthwith pay to the said judgment creditor
[or into court if the judgment creditor is resident outside the scheduled terri-
tories as defined by the Exchange Control Act, or would receive payment of
the said sum on behalf of a person so resident, unless the Financial Secretary's
permission under, te said Act Mas een given unconditionally or upon condition








which have been complied with] $ the debt due from the said garnishee
to the said judgment debtor. And that the sum of $ the costs of the judgment
creditor of this application be added to the judgment debt and be retained
out of the money recovered by the said judgment creditor under this order
and in priority to the amount of the judgment debt.


day of


No. 80

Order of committal

(0.73)


[ Heading as in action ]


Upon motion this day made unto the Court by counsel for the plaintiff


and upon reading [an affidavit of


filed the


19 of service on the defendant C.D. of a copy of the


order of the Court dated the


day of


and of


notice of this motion] :

And it appearing to the satisfaction of the Court that the defendant C.D.
has been guilty of contempt of court in [ state the contempt ] :

It is ordered that for his said contempt the defendant do stand committed


to Prison to be there imprisoned [until further order].

[It is further ordered that this order shall not be executed if the defendant

C.D. complies with the following terms, namely, ],


day of 19 1/


Dated the









SCHEDULE 2


ENACTMENTS REPEALED OR AMENDED


State, Chapter
and
Short Title


Saint Lucia
Revised Ordinances
1957
Chapter 243
The Code of
Civil Procedure


Extent of
Repeal


Articles 417
and 418


Amendments


Article 416: |
delete the 1st and 2nd
paragraphs




Article 420:
modified with res-
pect to writ of pos-
session.

Article 423:
for the words "re-
versed upon revision"
in line 8 substitute
"set aside"; for the
words "such revis-
ion" in line 10 sub-
stitute "setting it a-
side ".

Article 447 to 455:
modified with respect
to claims by third
parties.

Articles 479 to 493:
modified with respect
to debts due to the
judgment debtor.

Article 482:
in the 4th paragraph
for the word "Colo-
ny" in line 4 Substi-
tute "State", and for


Relevant Rule


Order 66; Order
67, rule 6.


Order 67,
and 4.


rule 2


Order 66, rule 3.




Order 13, rule 8;
Order 19, rule 9;
Order 35, rule
2.






Order 17.




Order 70, rule 11.




Order 50, rule 4.











State, Chapter Extent of Amendments Relevant Rule
and Repeal
Short Title


the words and fig-
ures "article 66" in
line 6 substitute "Or-
der 50, rule 4 of the
Rules of the Supreme
Court 1970".

Article 484:
in the 2nd paragraph
delete from "author-
ised" to the end of
the paragraph and
substitute therefore
"or officer of the cor-
poration duly au-
thorised to make it".

Article 511 E:
delete the words
"Rule 3 of the Su-
preme Court of the
Windward Islands
and Leeward Islands
(Powers of Regis-
trars) Rules,
(Statutory Rules and
Orders, 1957 Revi-
sion, Chapter 1, Part
1) and substitute
therefore
"Order 47, rule 4 of
the Rules of the Su-
preme Court 1970".

Article 714: Order 67, rule 5.
modified with res-
pect to the issue of
writ of sequestration.








i .55


State, Chapter
and
Short Title


Grenada
Revised Ordinances
1958
Chapter 58
The Civil Procedure
Ordinance


Extent of


Extent of
Repeal



Section 273


Section

Section

Section


Section 279


Section 280

Sections 281
and 282

Section 284






Section 286


Section 289

Sections 290
to 297


Amendments






















Section 285:
modified with res-
pect to certain judg-
ments for less than
$200.







Sections 298 and 299:
modified with res-
pect to issue and
form of writ; in sec-
tion 299 for the word


Relevant Rule




Order 66; Order
68, rule 3.

Order 67, rule 6.

Order 67, rule 8.

Order 67, rule S
(5).

Order 67, rules 2
and 4.

Order 66, rule 9.

Order 66, rule 11;
Order 68, rule 1.

Order 57, rule 5.

Order 68 rule 4.




Order 67, rule 6
(5).

Order 66, rule 1.

Order 69.

Order 66, rules 1
and 12(1);
Order 67, rules 2,
4,6,7;
Order 68, rule 4.












State, Chapter
and
Short Title


Amendments



"Registrar" substi-
tute "Provost Mar-
shal" and for the
word 'Ifour" substi-
tute "six".

Section 301:
for the word "Regis-
trar" substitute
"Provost Marshal".

Section 302:
modified with res-
pect to claims by
third person.

Sect ions 304 to 322:
modfied with res-
pect to debts due
to the judgment
debtor.

Section 325:
modified with res-
pect to writ of pos-
session and writ of
delivery.


Section 330 to 336:
modified with res-
pect to means and
manner of enforce-
ment.


Section338:
delete the words
"The writ shall be
directed to two" and
substitute therefore
"A writ of seques-
tration shall be di-
rected to three".


Sections 326
and 327





Section 337


Relevant Rule


Order 17.




Order 70.




Order 66, rules 3
and 4.



Order 66, rules 5
to 8.

Order 66, rules 5
to 8;
Order 73.

Order 67, rule 5
(5).












State, Chapter
and
Short Title







Saint Vincent
Ordinance
No. 3 of 1884
The Civil Procedure
(Code


Extent of
Repeal


Forms 35, 43,
44, 46 and 47
in the Sched-
ule.


Section 259


Section 260

Section 262

Section 263


Section 265


Section 266

Sections 267
and 268

Section 270






Section 272


Section 275

Section 276
to 283


Amendments


Section 271:
modified with res-
pect to certain judg-
ments for less than
$200.


Relevant Rule


Order 66;
Order 68, rule 3.

Order 67, rule 6.

Order 67, rule 8.

Order 67, rule 8
(5).

Order 67, rules 2
and 4.

Order 66, rule 9.

Order 66, rule 11;
Order 68, rule 1.

Order 57, rule 5.

Order 68, rule 4.


Order 67, rule 6
(5).

Order 66, rule 1.

Order 69.


T











State, Chapter
and
Short Title


Extent of
Repeal


Section 312
and 313




Section 323









Forms 33,3'
40, 42 and 4
s in Schedul
2.


Amendments Relevant Rule


Sections 284 and 285:.
modified with res-
pect to issue and
form of writ; in sec-
tion 285 for "6"
substitute "$6".

Sect ion 288:
imdified with res-
pect to claims by
third persons.

Se.tions 290 to 308:
modified with res-
pet to debts due
to the judgm ent
debtor.


Section 311:
modified with res-
pe't to writ of pos-
session and writ of
delivery.


Sections 316 to 322:
modified with res-
pect to means and
manner of enforce-
ment.


Section 324:
delete the words
"The writ shall be
directed to two" and
substitute therefore
"A writ of seques-
tration shall be di-
rected to three".


Order 66, rules 1
and 12 (1) ;
Order 67, rules 2,
4,6,7;
Order 68, rule 4.


Order 17.




Order 70.


Order 66,
and 4.


rules 3


Order 66, rules 5
to 8.
Order 73.


Order
(5).


67, rulo 5


9,
3
e


Amendments


Relevant Rule










SCHEDULE 3

RULES AND ORDERS REVOKED


Column 1

Rules and Orders revoked


The following Orders and Rules, being
part of the Rules of the Supreme
Court, 1907, date July 13, 1907 and
any of the Rules of the Supreme
Court of Judicature of England in
conjunction with which the said
Orders and Rules are authorised to
be used, in so far as the same form
part of the law of Antigua, Dominica,
and Saint Christopher, Nevis and
Anguilla respectively, viz :-

Order 42. Order 13 except rules 15
to 20,
Orders 44 to 48 inclusive.


Column 2

References


Antigua, Rev. 1962, Vol. VI, Cap. 81,
pp. 196 to 243.

Dominica, Rev. 1961 Vol. V, Cap. 28,
pp. 118 to 168.

Saint Christopher, Nevis and Anguilla,
Rev. 1961, Cap. 79, pp. 200 to 247.


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1972 [ Price $2.36 cents. ]




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