(G) Bond by Part-Owner of Property, Section 35. [Obligatory part, same as Form E.] Whereas certain property, described in the Schedule hereunto annexed. has been seized by the said Sheriff under a Writ of Attachment issued out of the Supreme Court, (or as the case may be,) in a suit brought by [plaintiff] against [defendant], which property is owned by the said [the principal obligor], and has been delivered by the said Sheriff to the [defendant] jointly with the above named Now the condition of the above obligation is, that if the said [principal obligor] shall restore the said property to the said Sheriff, or his successor in office for the time being, in like good order as the same now is, or pay to the said Sheriff, or his successor in office for the time being, the appraised value of the said [defendant's] share or interest therein, or satisfy all judgments to the amount of the said appraised value, as shall be recovered in the suit or suits in which the said property is attached, provided the same be demanded within the time during which the said property would have been held by the respective attachments, then the above obligation to be void, otherwise to remain in full force and effect. Signed, sealed, &c. [Schedule of Property referred to.] (H) Assignment of Bonds E, F, & G. In obedience to the Order of the Supreme Court, (or, of Mr. Justice , or, of the County Court of the case may be,) I, A. B., Sheriff of the County of as do hereby assign the within Bond to the within named Sealed with my seal and dated the day 2 Bond given by Claimant under Section 44. [Obligatory part, same as Form E.] Whereas the above named [claimant has claimed certain property, described in the Schedule hereto annexed, seized by the above named Sheriff under a Writ of Attach [claimant] ment issued out of the Supreme Court, (or as the case may be,) in a suit wherein is plaintiff and is defendant, and the said property has been delivered by the said Sheriff to the said [claimant] Now the condition of the above obligation is, that if the said shall pay to the said Sheriff, or his successor in office for the time being, the value of the said property, and also the costs of contesting the claim to the same, in case the said claim is found against the claimant on the trial thereof, then the above obligation shall be void, otherwise the same shall remain in full force and effect. Signed, sealed, &c. [Schedule of Property referred to.] Assignment of Bond I. I, A, B., Sheriff of the County of sign the within Bond to the within named in suit.]-Sealed with my seal, and dated the do hereby as [plaintiff day of A. B., Sheriff. You are hereby required to levy of the goods and chattels (lands and tenements) of in your bailiwick, the sum of which has been awarded to for costs, under and make return the provisions of Chapter 42 of the Consolidated Statutes, and to pay the same to the said hereof, and of your doings herein, before us, at Fredericton, on, &c. (a return day in Term). Witness the Honorable John C. Allen, Chief Justice, at Fredericton, the of our Reign. day of Indorsed. Levy as within directed, for $ poundage and other expenses. in the year All writs issued from a County Court under the provisions of this Chapter, shall be in similar form, as near as may be, as prescribed in the Schedule, and shall be tested in the name of the Judge of the Court. CHAPTER 43. GARNISHEE OR TRUSTEE PROCESS. Section. Section. 20 Execution not to issue except for money due. 21 22 5 After service garnishee may not 7 Proceedings on hearing under Person interested in money bound 24 8 When garnishee disputes his liability. Judge may postpone hearings, allow time for defence, &c. 9 Out of what Court garnishee sum. ment. 10 Proceedings for attaching order. 11 Service of Summons and Memorandum on garnishee; on primary debtor unless dispensed with. 27 29 12 Hearing of Summons issued under the 8th and 10th Sections; pro- 30 ceedings thereon. 13 Matter may be submitted to a jury 31, 14 Record and notices of defence in such cases. & 28 Proceedings where garnishee 32 & 33 Mode of attaching Judge may order hearing before a Jury. 36 Construction of the word 'Judge' 37 Commissioner hereunder. 39 When persons shall not be adjudged garnishees. 40 General Rules and Table of Fees. Schedule. 1. When any action is commenced in respect to any cause of action for which a writ of attachment may issue, and any debt or sum of money is due or owing to the debtor from any other party, it shall be lawful for the party to whom such first cause of action subsists, (hereinafter designated the primary Creditor), to attach and recover in the manner hereinafter provided, any debt or sum of money due or owing to his debtor (hereinafter designated the Primary Debtor) from any other party (hereinafter designated the Garnishee), or sufficient thereof to satisfy the claim of the Primary Creditor, subject always to the rights of other parties to the debts or sums of money owing from such Garnishee, and it is hereby declared that all the provisions of this Chapter shall extend to all moneys or debts due to the Primary Debtor from or by any foreign Company doing business within this Province by an authorized agent, so far as it may be necessary to reach the moneys or effects of such Company in the hands or under the control of such agent. ATTACHMENT OF DEBTS ON JUDGMENT. 2. Any Primary Creditor, who has obtained a judgment in the Supreme Court or any County Court, may apply to the Judge of the County Court, or, if he do not reside in the County, then to the Clerk of the Peace, for an order that the primary judgment debtor shall be orally examined on oath before the Judge of the County Court or Clerk of the Peace as to any and what debts or sums of money are owing to him, and the Judge or Clerk of the Peace may make such order for the examination of the primary judgment debtor naming the time and place thereof, and for the production of any books or documents, and the examination shall be conducted in the same manner as in case of an oral examination of an opposite party; such order shall be personally served on the judgment debtor, and disobedience by him. shall be punishable in case of the order of the Judge, as in other cases of disobedience of a Judge's order, and in case of disobedience to the order of the Clerk of the Peace, by the Judge of the County Court by Attachment, on affidavit of the facts. 3. After a judgment has been obtained in the Supreme Court, or in any County Court, application may be made ex parte to any Judge of a County Court, by or on behalf of the primary creditor, and either before or after the oral examination mentioned in the preceding Section, on affidavit that said judgment was recovered, and when; and that the whole or some part, and how much thereof remains unpaid and unsatisfied, and that the deponent has reason to believe, and does believe, that some one or more parties (naming them, or stating that he is unable to name them), is or are within the Province, and is or are indebted to or are liable to pay a sum of money to the primary debtor, for an attaching order (which order said Judge is hereby authorized to make) to the effect that all debts or sums of money owing to the primary debtor, whether due or not due, be attached to satisfy said judgment, which order may be in the form (A), in the Schedule to this Chapter. Such attaching order may be served and shall have force in any County of the Province. 4. The service of such attaching order on any garnishee shall have the effect (subject to the rights of other parties) of attaching and binding in his hands all debts and sums of money then owing from him to the primary debtor, or sufficient thereof to satisfy such judgment, and a payment by the garnishee into the Court in which the judgment has been obtained, or on the order of a Judge of the County Court to the primary creditor, of the debt or sums of money so attached to the extent unsatisfied on such judgment, shall be a discharge to that extent of the debt or sum of money ow ing from the garnishee to the primary debtor. 5. Any payment by the garnishee after service on him of such order, to any other one than the primary creditor or into Court, to satisfy the said judgment, shall, to the extent of the primary creditor's claim, be void; and the garnishee shall, notwithstanding such payment, be liable to pay the same to the extent of the primary creditor's claim, if of sufficient amount, or if not then to the extent of the debt or sum of money owing by the garnishee to the primary debtor. 6. The Judge of the County Court by the attaching order, or by any subsequent order, may order that the garnishee shall appear before him or before the Clerk of the Peace to shew cause why he should not pay the primary creditor the debt or sum of money owing from him to the primary debtor, or of so much thereof as may be sufficient to satisfy the judgment debt. 7. At the hearing under the said order, if the garnishee appear and do not dispute the debt or sum of money due or claimed to be due from him to the primary debtor, or if the garnishee do not appear, then upon due proof by affidavit of the service of the order, and on sufficient proof by affidavit or oral evidence of the amount owing by the garnishee to the primary debtor, and no sufficient cause appearing why |