proves that a debtor cannot be arrested twice for tbe same debt, even
when new stipulations are made for the liquidation of it.
O R D I N A N C E
extendiog to the D anish W estindia Possessions the Ordinance of 1 7th F ebruary 1847 limiting the tirao during wbicb a creditor may keep his by (he Grace of God King of Denmark, the Vandals and the Goths,
Duke of Slesvvick, Holsteen, Stormarn, Ditmarsh, Lauenborg and
Ma k e k s o w n: O n the report of O ur M inister of Finances, who has laid b e
f a re Us th e most submissive Report of the Colonial Co.mcil for O ur W estindia Possessions on a firaft o fa n Ordinance toextend to the D i nish W estindia P osses
s i o n s t h e Ordinance of I7th February 1847 limiting the t ,ne during whicli a credi
tor rna.y keep liis debtor in prison tordabt, W e most grai iously decree:
Tlie Ordinance of 17th February 1847 limiting- tue tune during which a credi
tor may keep his debtor in prison for debt is hert by extended- to the Danish W est
india Possessions, with such modilications as circumstances render necessarv, in the manner as hereby fixed :
5 1.
T he right possessed, according to law, ly a creditcr to keep liis debtor in pri
son for debt, shall in future not be exercised in tlie Danish W estindia Possessions tor a smaller claim tlian tvventy tive westindia dollars, and lurtbermore be limited to a certain time, which, with tlie exception to be found in the 4th 8, shall b e : for an amount not exceoding 150 dollars Ind. one m on',i for each 25 dollars contained tn the total amount ot the claim ; fo rth a t part of the claim, wiiich exceeds 150 dollars up to - total amount of 450 dollars, one month for each 50 dollars; for that part which e: eds 450 dollars up to a total amount of 1350 dollars, one month for each 75 do ars, and for that part which exceeds 1350 dollars, one month for each 100 dollais. up to a time of altogether three years ; a period, correspondin r to an amount ot 2550 dollars, that, with the exception mentioned above, shall ba the longest time during whicli a creditor shall be ah;e to keep his debtor in prison Such part of a claim a does not co-respond to a term of a fult month’* im m i™ '
d e b to r in prison.
W E F R E D E R IK t h e S E V E N T H , O ld e n b o rg ,
‘u‘ ueul w‘“ 1101 ,,e more ttianonce applicable tor the
3
J5.The preceding restrictions in the arrest of persons for debt, as hitherto autho- rized by law, shall also be appucable to such persons as are at pr.esent imprisoned for debt, who may thereforo demand tlieir release by a sentence of the proper court, should they have been imprisoned for so long a period as the above enactments warraut.
{ 6.
The present Ordinance is not applicable with regard to the imprisonment treat- cd of in the Ordinance Glh April 1842 5 4, in so far as this kind of imprisonment shall not either in any case be applicable longer than the longest time fixed in 5 1.
Nor will this Ordinance make any change in the existing enactments in relation to to the responsibility incurred by collectors of public funds, who are found to be de- faulters.
To which all concerned have to conform.
Given at Fredensborg, tlic 29th December 1862.
UNDER OUR ROYAL HÅND AND SEAL.
FREDERIK R,
Fenger. On the 17th August tbis year, Lawyer N. N. required of the Sheriffin St.
Thomas, in behalf of Mr. N. N., that arrest on the person of N. N. be made for a claim of $207 05 which was due according to reconciliation (Forlig) effeeted on the 8th May 1863, for the payment of a tond issued on the 7th June 1861 by dsfendant to appellant.
The demand for the arrest was, however, not taken as a precedent by the ver- dict (Kjendelse) of the Sher ff,and Mr. N. N. (appei,ant),has therefere by citation oi 29th September last brougot the suit before the Upper Court, and demanded, that the required arrest be taken as a precedent, also tlmt defendant N. N. be sen’.^nced to pay al! the expenses of the suit of appeal indemnifying, togetber with Lawyer’s fees.
The defendant did not appear.
Against the required arrest the defendant has remarked, that she has once be
fore been imprisoned for the claim which is liere spoken of, but with eunsent of ap
pellant was reieased: in which respect it is also advanced in the suit that arrest was made on her person on the 4th April 1861 fora debt, which, with accrning expenses, amounted to $198 47, but on the 7th June of the same $ear was reieased, afler liaving issued, for the debt that was then due, the abovemeriooned bond to ap
pellant with personal securityofN. N.
On the part of appellant it is however demanded, that this bond be consid- ered as establishing a new relation of the debt (Gjeld-forhold) as not only the obligation of the debt (Gjeldsforpligtelsen) is changed in form, butalso in contents,
°ther instalments being fixed for the piying off of the amount and personal securi- ty given; but, as it is remarked in the verdict (Fogedkjetidelse) which is here ap- Pealed, that alterations in the conditions of a debt, which far from annulling it go i'ather to secure its payment, do not make the debt a new debt, then it must fol- o\v, that the debt, for which arrest is now desired to be made, must be considered as the one, for which this course of law (Retsmiddel) has been already applied, tud according to law it cannot be used again. The verdict, (Fogedkjendelse) m»st therefore.be confirmed and the expenses of this appeal annulled.
4
1 I [ E bave endeavored to obtain tbe number of horses, carriages, oarts, I I and boats in this Island, all of wbich pay a tax to the Land Treas- ury, according.to the R oyal Ordioance of 22d February 1855—thus :
An annual tax for each horse of #2, every 4 wheeled carriage with seats for more than two persons $4, every carriage for 1 or 2 persons
$2, an open convcyance with 2 wheels $1, an open conveyanoe with 4 wheels #2, a deck or half deck boat with or without a small boat $4, a sailboat w ithout deck $2 and a row boat $1.
H orses include ponies, the latter however preponderate in number and form nine-tenths of the wbole am o u n t; the carriages are chiefly single seats or phætens for 2 persons and the boats are fisbing boats w ithout deck ; the carte are all with 2 wheels. Waggons and C arts used on the plantations in the country are exempt from tax. T he tax is col- leoted half-yearly, every ls t Jan u ary and l s t July, with tbe half each time.
I t happens sometimes th at a few ponies are given up in two differ- en t places through mistuke ; hence the num ber stated here may show a trifling difference from the real number.
Horses in the co u n try ... 2430 Do. in C hristiansted... 179 Do. in F re d e rik s te d ... 1 7 9 Total 2788
Carriages
in the c o u n try ... 179 Do. in C hristiansted... 61 Do. in F red erik sted ... 6qT otal 300 Carts in the c o u n try ... 6 5 1
Do. in C hristiansted... ]" ’ ’ 3 5 Do. in Frederiksted . j... ’ ... 4 9 T o tal 736 Boats in the c o u n try ... 5 6 Do. in C hristiansted... 4 6
Do.
iu F re d e rik ste d ... 4 3 T otal 145LABORERS.
LABORERS.