Court name
Supreme Court of Turks and Caicos Islands
Case number
CL 24 of 1987

Barnett v. Smith (CL 24 of 1987) [1999] TCASC 4 (09 December 1999);

Law report citations
Media neutral citation
[1999] TCASC 4
Coram
Chief Justice

Barnett and Associates

BARRISTERS/ATTORNEYS-AT-LAW

COPYRIGHT/PATENT/TRADE MARK AGENTS

Courtenay Francis Raymond Barnett                              TAINO PLACE                                                         Senior Consultant

B.Sc. (Hons) London                                                Suite 202 (Old) Airport Road                                                 Delano Harrison, Q.C.

Barrister-at-Law (Lincoln's Inn)                                            P.O. Box 45                                                                 Attorney-at-Law

Attorney-at-Law                                                                      GRAND TURK                                                           Jamaica

Turks and Caicos Islands                                        TURKS AND CAICOS ISLANDS

Jamaica                                                                                 Tel: (649) 241-5043

                                                                               E-mail: barnett46@hotmail.com

24th September, 2009

Supreme Court: and to

Director of Immigration - Immigration Department; and to

Royal Turks and Caicos Islands Police Force

And: To whom it may concern

Please find herewith a Warrant of Arrest issued from the Honourable Supreme Court of the Turks and Caicos Islands.

Please act accordingly upon said warrant and I make myself available, at short notice to attend in the Honourable Supreme Court once the terms of the warrant have been complied with.

Respectfully,

Courtenay Francis Raymond Barnett

interpleader summons to be taken out by such claimant against the party prosecuting the decree or order, or by the Bailiff against such claimant and such prosecuting party;

Provided that the Judge may, on the hearing of such summons, make such order for the trial and determination of the rights of the parties as he thinks expedient, and for the custody in the meanwhile of the property in dispute, and the costs thereof; and where some third person claims to be entitled, under a bill of sale or otherwise, to any property so seized as aforesaid, by way of security for a debt, the Judge may order a sale of the whole or part thereof, upon such terms as to payment of the whole or part of the secured debt or otherwise, as he thinks fit, and may direct the application of the proceeds of such sale in such manner, and upon such terms, as to the Judge may seem just.

Payment of proceeds into Court

146.    All moneys payable under a judgment levied by execution, or otherwise under the process of the Court, shall be paid into the Treasury to the credit of the action unless the Judge otherwise directs.

IV. Examination of Judgment Debtor

Summons for examination of debtor as to his ability to pay

147.    Where a decree for the payment of money remains wholly

or in part unsatisfied (whether a writ of execution has issued or not), the decree holder may apply to the Judge for a summons requiring the judgment debtor to appear and be examined respecting his ability to make the payment directed and the Judge shall, unless he sees good reason to the contrary, issue such a summons.

Warrant of arrest to compel appearance and examination

148.    In case it is made to appear to the Judge  that there is */* probable cause to believe that the judgment debtor is about to leave the Islands, or in case he shall not appear in obedience to such summons, the Judge may in his discretion issue a warrant for the personal arrest of the judgment debtor, and for his custody in some suitable place until the day appointed for such examination, when he shall be brought before the Judge under the said warrant, unless sooner discharged by order of the Judge.

                   Examinations

149.    On the appearance of the judgment debtor before the

Judge in obedience to such summons, or aforesaid, he may be examined on oath by or on behalf of the decree bolder, and by the Judge, respecting money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal have made of any property.

WARRANT OF ARREST

JUDGMENT DEBTOR

(Under S. 148 of the Civil Procedure Ordinance)

IN THE SUPREME COURT

TURKS AND CAICOS ISLANDS

ACTION NO. CL 24 OF 1987

BETWEEN:

Courtenay Francis Raymond Barnett                 Plaintiff (Judgment Creditor)

And

Leon Howard Smith

Defendant (Judgment Debtor)

To: Leon Howard Smith (Judgment Debtor)

Elizabeth 11, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen. Defender of faith, and so forth.

                       To the Bailiff or Constable of the Royal Turks and Caicos Islands Police Force.

Greetings:-

Whereas it has been shown to the satisfaction of the Court that Leon Howard Smith the above named Judgment Debtor failed to appear to be examined respecting Judgment, you are hereby commanded to take and arrest the body of the said Leon Howard Smith and him to deliver to be brought forthwith to the Supreme Court, or to be delivered to the Keeper of the Grand Turk Prison there to be kept until he has been given bail or security by cash deposit (cash) in the sum of $ 5,000.00 for the appearance on the earliest convenience of the Honourable Supreme Court, at the Supreme Court building in Grand Turk or at any time when called upon while the above examination of Judgment Debtor is pending, and will not leave the Island after the date of his arrest without the leave of the Chief Justice, and in default of such appearance for examination of him in the said action with costs, or until he otherwise be lawfully delivered from custody under the said arrest. And you are further required forthwith after the execution of this Warrant of Arrest to return the same into the Court, with the place, time and mode of execution indorsed thereon.

Dated this 9th day of December, A.D. 1999

BY ORDER

Chief Justice of the Turks and Caicos Islands

RX REPORT

RECEPTION OK

TX/RI NO                                          5067

CONNECTION TEL

SUBADDRESS

CONNECTION ID

ST. TIME                                           09/24 15:31

USAGE T                                           00'58

PGS.                                                          3

RESULT                                            OK