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