in other cases. entitled to Writs of Fieri Facias and Venditioni Exponas respect- PERSON HAVING CARRIAGE OF DECREE. carriage of the 20. In case a decree or order in Chancery, or of a County Person having Court in the exercise of the equitable jurisdiction of such County decree, &c., to Court, directs the payment of money into Court or to the credit be deemed the of any cause, or otherwise than to any person, the person hav- plaintiff, ing the carriage of the decree or order, so far as relates to such payment, shall be deemed the plaintiff within the meaning of this Act. 22 V. c. 33, s. 15. (1859.) SEQUESTRATIONS. taken from 21. The Court of Chancery may also issue Writs of Seques- Power of setration as hitherto or in such cases as by general or other orders questration not the Court may think expedient; and nothing in this Act shall be Court of Chanconstrued to take away the jurisdiction of the Court under or cery, &c. by means of such writs; and no writ shall issue from Chan cery against the lands of the person to pay, but if the decree or order be registered, the art may enforce the charge thereby i 41-186 created upon real estate, according to the practice of the Court in the case of a charge on real estate created by other means. 22 V. c. 33, s. 19. (1859.) COMMON LAW PROCEDURE ACT APPLIED. Law Procedure 22. For the purpose of carrying out the provisions of this Certain clauses Act, so far as relates to the Courts of Queen's Bench and of the Common Common Pleas, and to the County Courts as Courts of Law, Act incorporatthe several provisions of the Common Law Procedure Act shall, ed with this Act. so far as applicable and not inconsistent with this Act, apply to this Act, and sections three hundred and thirty-three to three hundred and forty, and section three hundred and forty-four of the said Common Law Procedure Act, shall be deemed incorporated herewith, as if the provisions therein contained had been repeated in this Act and expressly made to apply hereto, and it shall not be necessary to lay before Parliament any rules, orders or regulations made for the purpose of this Act. 22. V. c. 33, s. 18. (1859.) Certain powers of Chancery. 23. The Court of Chancery shall, with reference to the provested in Court ceedings in the Court of Chancery under this Act, and to proceedings under this Act in the County Courts in the exercise of their equitable jurisdiction, have all the powers which the next preceding section of this Act gives to the Common Law Courts, in respect to the cases to which the sections of the Common Law Procedure Act therein specially mentioned refer. 22 V. c. 33, s. 19. (1859.) Gaol limits. Sheriff may tors in execu GAOL LIMITS. 24. The limits of each County for judicial purposes shall be the limits of the Gaols of such County. 19 V. c. 43, s. 301. 25. The Sheriff of any County may take from any debtor contake from deb- fined in the Gaol thereof in execution or upon Mesne Process, a tion security to bond with not less than two or more than four sufficient sureties, keep the limits. to be jointly and severally bound in a penalty of double the Surety to make affidavit, &c. amount for which such debtor is so confined, conditioned, except as hereinafter provided, that such debtor shall remain and abide within the limits of such Gaol and shall not depart therefrom, unless discharged from custody in the suit or matter upon which he is so confined by due course of law, and also that such debtor will, during all the time that he is upon the limits subject to such custody, observe and obey all notices, orders or rules of Court touching or concerning such debtor, or his answering interrogatories, or his appearing to be examined viva voce or his returning and being remanded into close custody, and that upon reasonable notice, to them or any of them, requiring them so to do, they will produce such debtor to the Sheriff, and also that the said debtor will, within thirty days, cause the said bond, or the bond that may be substituted for the same, according to the provisions hereinafter contained, to be allowed by the Judge of the County Court of the County wherein the debtor is confined, and such allowance to be endorsed thereon by the said Judge; and for this purpose the Sheriff shall, upon reasonable notice given by the debtor, cause such first mentioned bond to be produced before the Judge, and upon such allowance being so endorsed, the Sheriff shall be discharged from all responsibility respecting such debtor, unless the debtor be again committed to the close custody of such Sheriff in due form of law. 19 V. c. 43, s. 302,---20 V. c. 57, s. 25. 26. The Sheriff may also require each surety when there are only two, to make oath in writing, to be annexed to the bond, that he is a freeholder or householder in some part of Upper Canada, stating where, and is worth the sum for which the debtor is in custody, (naming it), and two hundred dollars more, over and above what will pay all his debts, or where there are more than two sureties, then he may require each surety to make oath as aforesaid, that he is a freeholder or householder as aforesaid, and is worth one half the sum for which the debtor is in custody, (naming (naming it), and two hundred dollars more, over and above what will pay all his debts. 19 V. c. 43, s. 302. be made on motion, &c. 27. The application for the allowance aforesaid shall be by Allowanee to motion of the debtor, and four clear days' notice thereof shall be given in writing to the Plaintiff or his Attorney, who at the time of such motion may object to the sufficiency of the sureties; and if the Judge refuses his allowance of the bond, then the debtor may cause another bond made to the Sheriff in the same terms and under the same conditions, to be executed without any further application to the Sheriff, and may move in like manner and upon the like notice for the allowance thereof; and such bond, if allowed and endorsed as aforesaid, shall be substituted for and take place of and have the like effect in all respects, and the like remedies shall be had thereon, as the bond so first given to the Sheriff as aforesaid would have had upon the allowance thereof, and such first given bond shall thereupon become void. 20 V. c. 57, s. 26. riff' may allow being liable for 28. Upon receipt of such bond, accompanied by an affidavit On receipt of of a subscribing witness of the due execution thereof, and by such bond,Shethe sureties' affidavits of solvency, if required by the Sheriff, the debtor the the Sheriff may permit and allow the debtor to go out of close limits without custody in Gaol, into and upon the Gaol limits, and so long as an escape. such debtor remains within the said limits without departing therefrom, and in all other respects observes, fulfils and keeps on his part the condition of the said bond, the Sheriff shall not be liable to the party at whose suit such debtor is confined, in any action, for the escape of such debtor from Gaol. 19 V. c. 43, s. 303. Writ of Ca. Sa. sect. 13. 29. Persons who, since the fourth of May, one thousand eight Conditions of hundred and fifty-nine, have given or who, after this Act takes bail-bond under effect, give bail under a Writ of Capias ad Satisfaciendum, oror of Attachunder a Writ of Attachment under the thirteenth section of this Act, ment under shall not be bound to remain or abide within the gaol limits, but may depart therefrom at their discretion; and when a person desires to give bail under such a writ, the bond to the Sheriff shall not contain that part of the usual condition which provides that the debtor shall remain and abide within the limits of the gaol or shall not depart there from unless discharged from custody by due course of law; but the condition shall provide that the person arrested shall observe and obey all notices, orders and rules of the Court touching or concerning the debtor or person ordered to pay, or his answering interrogatories, or his appearing to be examined vira voce or otherwise, or his returning and being remanded into close custody; and the party or his bail shall not be entitled to claim longer time for so observing or obeying than he would have teen entitled to if the party had remained on the limits as heretofore, but the Court may, notwithstanding, grant further time if the Court be of opinion that the same may be done without substantial injury to the interests of the party to receive the money. 22 V. c. 33 s. 6. (1859.) Persons bailed to the limits be render them selves or substi 30. Persons who, before the fourth day of May, one thousand fore 4th May, eight hundred and fifty-nine, had given bail or security under 1859, may sur- a Writ of ne Exeat or Capias ad Satisfaciendum, may surrender themselves into custody, or may substitute for their bonds or tute new secu- other security theretofore given under the writ, a bond or other rity. security to the effect and amount mentioned in the preceding sections of this Act; and thereupon in either case the existing bail or security shall be discharged or released. 22 V. c. 33, s. 7. (1859.) If the sureties 31. In case the Sheriff has good reason to apprehend that vent, &c. She- the sureties or any of them, have, after entering into such bond, become insufficient to pay the amount by them severally sworn to, he may again arrest the debtor, and detain him in close custody. 19 V c. 43, s. 304. riff' may retake the debtor. The sureties arrest. 32. The sureties of the debtor may plead such arrest and may plead such detention in bar of any action brought against them upon the bond entered into by them, and such plea, if sustained in proof, shall wholly discharge them from such action; and the debtor may again obtain the benefit of the Gaol limits, on giving to the Sheriff a new bond with sureties as aforesaid. 19 V. c. 43, s. 304. Limits bonds ed. 33. Upon breach of the condition of any such bond, the party, may be assign- at whose suit the debtor is confined, may require the Sheriff to assign the same to him, and such assignment shall be made in writing, under the seal of the Sheriff, and attested by at least one witness, and the assignee of the Sheriff or the executors or administrators of such assignee, may maintain an action in his or their own names upon such bond, which action the Sheriff shall have no power to release; but upon executing such assignment at such request, the Sheriff shall be thenceforth discharged from all liability on account of the debtor or his safe custody. 19 V. c. 43, s. 305,-20 V. c. 57, s. 25. The sureties the debtor and &c. 34. The sureties of any such debtor may surrender him may surrender into the custody of the Sheriff at the Gaol, and the Sheriff, his to what Sheriff, Deputy or Gaoler shall there receive such debtor into custody, and the sureties may plead such surrender or an offer to surrender and the refusal of the Sheriff, his Deputy or Gaoler to receive the debtor into custody at the Gaol, in bar of any action brought on the bond for a breach of the condition happening after such surrender or tender and refusal, and such plea, if sustained in proof, shall discharge them from the action; but such debtor may again obtain the benefit of the limits on giving to the Sheriff a new bond, with sureties as aforesaid. 19 V. c. 43, s. 306. Debtor on li answer interro 35. The party at whose suit any debtor is confined may, at mits, bound to any time, while the debtor enjoys the benefit of the limits, file and serve interrogatories, to be answered by the debtor in manner provided for in the Act respecting relief of Insolvent Debtors, being chapter twenty-six, and in case the debtor neglects gatories. or or omits, for the space of fifteen days next after service thereof, to answer and file the answers thereto, and to give immediate notice of such filing to the party at whose suit he is in custody, or to the Attorney of that party, the Court or a Judge, as aforesaid, may make a rule or order that such debtor shall be committed to close custody, and the Sheriff, on due notice of such rule or order, shall forthwith take such debtor and re-commit him to Or be recom close custody until he obtains a rule of Court or Judge's order mitted. for again admitting him to the limits, on giving the necessary bond as aforesaid, or until he is otherwise discharged by due course of law. 19 V. c. 43, s. 307. mitted to the 36. A new rule or order may be granted on the debtor On answering shewing that he has filed his answers to such interrogatories, may be re-adand has given to the Plaintiff or his Attorney ten days' notice limits. thereof, and of his intention to apply. 19 V. c. 43, s. 307. against proper 37. Except as provided in the twenty-first section of this Act, Plaintiff may the party at whose suit any debtor is confined in execution, have execution may, whenever such debtor has taken the benefit of the limits, sue ty of debtor on out a Writ of Fieri Facias against his lands or goods, notwith- the limits. standing such debtors having been charged in execution, and such writ shall not be stayed, but shall be proceeded with until executed, although such debtor be re-committed to close custody; but the wearing apparel of the debtor and that of his family, and their beds and bedding, and household utensils, not exceeding together the value of forty dollars, and the tools and implements of the trade of such debtor, not exceeding in value forty dollars, shall be protected from such Writ of Fieri Facias. 19 V. c. 43, s. 308. PERSONS ON THE GAOL LIMITS OF UNITED COUNTIES. ted to Gaol li Counties, sav 38. In case a debtor or other person be (in manner pre- Privileges of scribed by law) admitted to the Gaol limits of a Union of persons admitCounties, and such Union be afterwards dissolved, or one or more mits of United Counties be separated from such Union, such debtor or per- cd on dissoluson may, notwithstanding, travel and reside in any portion of the tion thereof. said Counties as if no dissolution or separation had taken place, without committing a breach of any Bond or the condition thereof, or a forfeiture of any security given for the purpose of obtaining the benefit of such limits; and in case any such person after the dissolution of the Union be surrendered or ordered to be committed to close custody, he shall be surrendered or committed to the Sheriff of the County in which he was arrested and be imprisoned in the Gaol thereof. 18 V. c. 69, s. 5.-See 22 V. c. 99, s. 57. (1858.) DISCHARGE FROM CUSTODY. may obtain 39. A person arrested under a Writ of Capias ad Satisfa- Person on bail ciendum, or under a Writ of Attachment, though he be not con- discharge, &c., fined to close custody but has given bail, may apply for and as if in close obtain his discharge in the same manner and subject to the custody. same terms and conditions as nearly as may be, as an execution debtor |