where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested. [Enacted 1953.] § 1104. Writ must be either alternative or peremptory. The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, etc., must be omitted, and a return day inserted. [Enacted 1953.] § 1105. Certain provisions of the preceding Chapter applicable. The provisions of the preceding Chapter, except the first four (4) sections thereof, apply to this proceeding. [Enacted 1953.] CHAPTER IV Writs of Review, Mandate, and Prohibition. Issuance, Return, and Hearing § 1108. Writs of review, mandate, and prohibition may issue and be heard at any time. § 1108. Writs of review, mandate, and prohibition may issue and be heard at any time. Writs of review, mandate, and prohibition issued by the District Court, or by the Island Court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time. [Enacted 1953.] CHAPTER V Rules of Practice and Appeals § 1109. Certain provisions of Part II applicable. § 1110. Same. § 1109. Certain provisions of Part II applicable. Except as otherwise provided in this Title, the provisions of Part II of this Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title. [Enacted 1953.] § 1110. Same. The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title. [Enacted 1953.] TITLE II Summary Proceedings Chapter I. Confession of Judgment Without Action. III. Discharge of Persons Imprisoned on Civil Process. IV. CHAPTER I Confession of Judgment Without Action § 1132. Judgment may be confessed for debt due or contingent liability. § 1133. Statement in writing and form thereof. § 1134. Filing statement and entering judgment. § 1132. Judgment may be confessed for debt due or contingent liability. A judgment by confession may be entered without notice, either for money due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this Chapter. Such judgment may be entered in any court having jurisdiction for like amounts. [Enacted 1953.] § 1133. Statement in writing and form thereof. A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly due, or to become due; 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same. [Enacted 1953.] § 1134. Filing statement and entering judgment. The statement must be filed with the clerk of the court, who must endorse upon it, and enter in the judgment book a judgment of such court for the amount confessed, with five dollars ($5.00) costs. The statement and affidavit, with the judgment endorsed, thereupon becomes the judgment roll. [Enacted 1953.] CHAPTER II Submitting a Controversy Without Action § 1138. Controversy, how submitted without action. § 1139. Judgment on, as in other cases, but without costs prior to notice of trial. § 1140. Judgment may be enforced or appealed from as in an action. § 1138. Controversy, how submitted without action. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending. [Enacted 1953.] § 1139. Judgment on, as in other cases, but without costs prior to notice of trial. Judgment must be entered in the judgment book as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll. [Enacted 1953.] § 1140. Judgment may be enforced or appealed from as in an action. The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal. [Enacted 1953.] CHAPTER III Discharge of Persons Imprisoned on Civil Process § 1143. Persons confined may be discharged. § 1144. § 1145. § 1146. Notice of application for discharge from prison. Examination before judge. $ 1147. Interrogatories may be in writing. § 1148. Oath to be administered. § 1150. § 1151. If not discharged, prisoner may again apply, when. § 1152. Judgment remains in force. § 1153. Plaintiff may order discharge of prisoner, who shall not thereafter be liable, etc. § 1154. Plaintiff to advance funds for support of prisoner. § 1143. Persons confined may be discharged. Any person confined in jail, on any proceedings in a civil action, must be discharged therefrom upon the conditions in this Chapter specified. [Enacted 1953.] § 1144. Notice of application for discharge from prison. Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to a judge of the court having jurisdiction for the purpose of obtaining a discharge from his imprisonment. [Enacted 1953.] § 1145. Service of notice. Such notice must be served upon the plaintiff, his agent, or attorney, at least one (1) day before the hearing of the application. [Enacted 1953.] § 1146. Examination before judge. At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate and property, and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and such judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor. [Enacted 1953.] § 1147. Interrogatories may be in writing. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if required by him, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner. [Enacted 1953.] ..... § 1148. Oath to be administered. If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to-wit: "I, do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars ($50.00), except such as is by law exempt from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay, or defraud my creditors, so help me God." [Enacted 1953.] § 1149. Order of discharge. After administering the oath, the judge must issue an order that the prisoner be discharged from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other cause. [Enacted 1953.] § 1150. If not discharged, prisoner may again apply, when. If such judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding ten (10) days, in the same manner as above provided, and the same proceedings must thereupon be had. [Enacted 1953.] § 1151. Discharge final. The prisoner, after being so discharged, is forever exempted from arrest on civil process for the same debt, unless he be convicted of having wilfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed. [Enacted 1953.] § 1152. Judgment remains in force. The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed. [Enacted 1953.] |