DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0136
126
ACT XI.
[A.D. 1841.
New evidence may
be adduced on new
trial.
How claims are to be
preferred and brought
on.
Decrees to be pub-
lished in station orders
before execution.
Execution of the
decree may be general
or special.
Under general exe-
cution, debt to be paid
forthwith, or levied by
sale of goods.
Imprisonment of per-
sons not soldiers.
Deductions from pay
of soldiers.
tion,debtto be liqui-
dated by deductions
from pay.
Amount of deduc-
tions.
the Commander-in-Chief, who shall have power to annul the proceedings
without prejudice to any future suit. Provided always, that in the case of
any new trial the court may receive evidence which was not adduced at the
hrst trial.
XII. And it is hereby enacted, that every plaintiff shall prefer his claim
in writing and shall deliver the same to the station staff-officer. The
ciaims shall be entered in a schedule by the station staff-officer, which
schedule is to be sent to adjutants of corps or heads of departments two
days at least before the assembly of the court, and the adjutants or heads
of departments shall be responsible that the defendants belonging to their
respective corps or establishments have been duly summoned.
XIII. And it is hereby enacted, that every decree of any military
Court of Requests shall be published in the station orders before the same
is executed.
XIV. And it is hereby enacted, that the execution of decrees of mili-
tary Courts of Requests may be either general or special, according to the
sentence of the court. Provided always, that the commanding officer
may, notwithstanding the direction of the court, order that the execution
sbail be general or special, at his discretion.
XV. And it is hereby enacted, that in cases in wRich the execution is
to be general, the debt, if not paid forthwith, shall, under the authority of
the commanding officer in writing to be signed by him, be levied by
seizure and public sale of such of the debtor s goods (under which term are
included houses or other erections within the limits of stations and canton-
ments) as may be found within the limits of the station or cantonment, or
elsewhere; and if sufficient goods are not to be found, the debtor, if not
a soldier, shall be arrested and imprisoned in any civil gaol near to the
station or cantonment (for which purpose the provisions of Act No. II. of
1840 shall be applicable), or in any other convenient place of confinement
situate within the limits of the station or cantonment, for the space of two
months, unless the debt be sooner paid ; and his goods, if found within the
limits of the station or cantonments or elsewhere at any subsequent time,
shall be liable to be seized and sold in satisfaction of the debt. And if
the debtor be a soldier, and the debt be not liquidated by sale of his
effects, accoutrements, and necessaries excepted, an order may be issued
for payment of the residue by monthly deduction from the pay issued to
the debtor, under the rules which follow.
XVI. And it is hereby enacted, that where the execution is to be spe-
cial, the debt shall be satisfied out of the pay and allowances of the debtor,*
and not otherwise. And a certificate of the decree and direction or order
thereon, certified under the hand of the commanding officer and signed by
him, shall be a sufficient authority for making such stoppages. Provided
always, that no more than one-half of the pay and allowances of any
commissioned officer, or than one-fourth of the pay and allowances of
any non-commissioned officer or soldier, shall be stopped in any one
month.
Act XXXIII
1852.
ACT XI.
[A.D. 1841.
New evidence may
be adduced on new
trial.
How claims are to be
preferred and brought
on.
Decrees to be pub-
lished in station orders
before execution.
Execution of the
decree may be general
or special.
Under general exe-
cution, debt to be paid
forthwith, or levied by
sale of goods.
Imprisonment of per-
sons not soldiers.
Deductions from pay
of soldiers.
tion,debtto be liqui-
dated by deductions
from pay.
Amount of deduc-
tions.
the Commander-in-Chief, who shall have power to annul the proceedings
without prejudice to any future suit. Provided always, that in the case of
any new trial the court may receive evidence which was not adduced at the
hrst trial.
XII. And it is hereby enacted, that every plaintiff shall prefer his claim
in writing and shall deliver the same to the station staff-officer. The
ciaims shall be entered in a schedule by the station staff-officer, which
schedule is to be sent to adjutants of corps or heads of departments two
days at least before the assembly of the court, and the adjutants or heads
of departments shall be responsible that the defendants belonging to their
respective corps or establishments have been duly summoned.
XIII. And it is hereby enacted, that every decree of any military
Court of Requests shall be published in the station orders before the same
is executed.
XIV. And it is hereby enacted, that the execution of decrees of mili-
tary Courts of Requests may be either general or special, according to the
sentence of the court. Provided always, that the commanding officer
may, notwithstanding the direction of the court, order that the execution
sbail be general or special, at his discretion.
XV. And it is hereby enacted, that in cases in wRich the execution is
to be general, the debt, if not paid forthwith, shall, under the authority of
the commanding officer in writing to be signed by him, be levied by
seizure and public sale of such of the debtor s goods (under which term are
included houses or other erections within the limits of stations and canton-
ments) as may be found within the limits of the station or cantonment, or
elsewhere; and if sufficient goods are not to be found, the debtor, if not
a soldier, shall be arrested and imprisoned in any civil gaol near to the
station or cantonment (for which purpose the provisions of Act No. II. of
1840 shall be applicable), or in any other convenient place of confinement
situate within the limits of the station or cantonment, for the space of two
months, unless the debt be sooner paid ; and his goods, if found within the
limits of the station or cantonments or elsewhere at any subsequent time,
shall be liable to be seized and sold in satisfaction of the debt. And if
the debtor be a soldier, and the debt be not liquidated by sale of his
effects, accoutrements, and necessaries excepted, an order may be issued
for payment of the residue by monthly deduction from the pay issued to
the debtor, under the rules which follow.
XVI. And it is hereby enacted, that where the execution is to be spe-
cial, the debt shall be satisfied out of the pay and allowances of the debtor,*
and not otherwise. And a certificate of the decree and direction or order
thereon, certified under the hand of the commanding officer and signed by
him, shall be a sufficient authority for making such stoppages. Provided
always, that no more than one-half of the pay and allowances of any
commissioned officer, or than one-fourth of the pay and allowances of
any non-commissioned officer or soldier, shall be stopped in any one
month.
Act XXXIII
1852.