Revised Laws of Saint Lucia (2021)

Section VI   Transitory Provisions

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    2132.   Prescriptions begun before the promulgation of this Code, must be governed by the former laws.

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    Nevertheless any kind of prescription so begun, for which, according to these laws, a period longer than 30 years is required, secures title in 30 years from the time when it began to run.

BOOK TWENTIETH
IMPRISONMENT IN CIVIL CASES

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    2133.   Imprisonment in civil cases is allowed only against the persons and under the conditions specified in the following articles.

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    2134.   The persons liable to imprisonment are:

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      1.     Public officers for money due to the Crown.

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      2.     Tutors, curators, executors of wills and other administrators of successions and fiduciary institutes for whatever is due to those for whom they act.

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      3.     Any guardian or depositary, sheriff, bailiff, or other judicial officer having charge of property under judicial authority.

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      4.     Any person indebted as a surety for another with reference to any judicial proceeding, or indebted for the purchase of any property sold at a judicial sale.

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      5.     A person who with intent to defraud, purchases goods on credit or procures advances in money knowing himself or herself to be unable to meet his or her engagements and concealing the fact from the person thereby becoming his or her creditor, or who by any false pretence or by means of any writing obtains credit for the payment of any advance or loan of money or of the price or any part of the price of any goods or merchandise with intent to defraud the person thereby becoming his or her creditor, and who shall not afterwards have paid the debt or debts so incurred.

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      6.     A person condemned to pay damages in any action for illegal arrest, illegal attachment and execution, libel, slander, criminal conversation and seduction.

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      7.     A person condemned in damages in a suit brought in virtue of articles 1939, 1940.

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      8.     A person condemned in damages for maliciously registering or causing to be registered an unfounded claim against property.

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      9.     A person condemned in damages for causing any property to be advertised or sold by the Sheriff well knowing that he has no claim upon the same.

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      10.     A person condemned to pay a penalty or sum in the nature of a penalty other than a penalty in respect of a contract.

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      11.     A person condemned for non-payment of a sum recoverable summarily before a Magistrate, in the cases where special authority to imprison is granted by an Act.

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      12.     A person making default under the provisions of articles 1994, 1998.

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      13.     A person guilty of contempt of any process or order of the Court or Judge or for any fraudulent evasion of any payment or order of Court by preventing or obstructing the seizure of property or the sale of property taken in execution of such judgment or order.

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           (Amended by Act 34 of 1956)

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    2135.   Any court may commit to prison for any term not exceeding 6 weeks, unless the judgment and costs be sooner paid, any person who refuses to pay the amount of the judgment rendered against him or her and costs since incurred in good faith by the execution creditor, provided that the jurisdiction by this section given is exercised subject to the following restrictions:

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    That the judgment shows on its face the ground on which it is issued;

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    That it is proved to the satisfaction of the Court that the person making default either has or has had since the date of the judgment the means to pay the same, and has refused and refuses to pay.

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    2136.   The special “contrainte par corps” in case of promissory notes and bills of exchange is abolished.

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    2137.   (Repealed by Act 34 of 1956)

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    2138.   (Repealed by Act 34 of 1956)

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    2139.   No person of the age of 70 years or upwards, and no female, can be arrested or imprisoned, by reason of any debt or cause of civil action, except such persons as fall within the cases declared in articles 2134 and 2135.

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    2140.   No imprisonment in civil cases shall be for a longer period than 2 years.