The summons and indorsément thereon. The proceedings to be si milar to those in cases of Mandamus. When Injunction may be had after action brought. Writs and orders for Writs like kind arising out of the same contract or relating to the same property or right, and he may also in the same action include a claim for damages or other redress. 19 V. c. 43, s. 283. 10. The Writ of Summons in such action shall be in the same form as the Writ of Summons in a personal action, but on every such Writ and copy thereof, there shall be indorsed a notice, that in default of appearance the Plaintiff may, besides proceeding to Judgment and execution for damages and costs, apply for and obtain a Writ of Injunction. 19 V. c. 43, s. 284. 11. The proceedings in such action shall be the same as nearly as may be, and subject to the like control as the proceedings in an action to obtain a Mandamus under the provisions herein before contained, and in such action Judgment may be given that the Writ of Injunction do or do not issue as justice may require; and in case of disobedience, such Writ of Injunction may be enforced by attachment by the Court, or when such Court is not sitting, by a Judge. 19 V. c. 43. s. 285. 12. The Plaintiff may at any time after the commencement of the action, and whether before or after Judgment, apply ex parte to the Court or a Judge for a Writ of Injunction to restrain the Defendant in such action from the repetition or continuance of the wrongful act or breach of contract complained of, or the committal of any breach of contract or injury of a like kind, arising out of the same contract or relating to the same property or right; and such Writ may be granted or denied by the Court or Judge upon such terms as to the duration of the Writ-keeping an account- giving security or otherwise, as to such Court or Judge seems reasonable and just; and in case of disobedience, such Writ may be enforced by attachment by the Court, or when such Court is not sitting, by a Judge. 13. Any order for a Writ of Injunction made by a Judge, to be under the or any Writ issued by virtue thereof, may be discharged, varied or set aside by the Court on application made thereto by any party dissatisfied with such order. 19 V. c. 43, s. 286. control of the Court. CAP. XXIV. An Act respecting Arrest and Imprisonment for Debt. ER Majesty, by and with the advice and consent of the follows: ARREST AT LAW. 1. No Writ of Capias to arrest and hold to bail shall be issued for a cause of action less than one hundred dollars, but such Writ may be issued when the cause of action equals or 22 V. c. 96, ss. 1, 2. exceeds that sum. sons not to be 2. No person shall be subject to arrest under any such Privileged perWrit who, by reason of any privilege, usage or otherwise, is by arrested. law exempt therefrom. 22 V. c. 96, s. 2. (1858.) costs. 3. No person shall be liable to arrest for non-payment of No arrest for cost, and no married woman shall be liable to arrest either on Mesne or Final Process. 22 V. c. 33, s. 10. (1859),—ibid c. No married 34, s. 17. woman to be arrested. stances as in 4. No person shall be arrested or imprisoned on any claim No person to be or on any Judgment recovered against him as a debtor at the suit arrested on judgment of any person for any penalty or sum of money in the nature of against him as a penalty or forfeiture, whether such claim or suit be in the a debtor for any penalty ;name of such person alone, or in the form of proceeding known unless under the as qui tam &c., (notwithstanding any thing to the contrary in same circumany statute providing for the recovery of such penalties or sums other cases. by action at law) except in cases and under circumstances where, on claims or judgments for ordinary debts, parties can be arrested or imprisoned, and any person who, on the fourth day of May, one thousand eight hundred and fifty-nine, was under arrest or imprisonment or order for arrest or imprisonment, on any such claim or judgment first in this section referred to, shall, if not already discharged, be forthwith discharged from such arrest or imprisonment or order therefor; but notwithstanding such discharge every such person shall be subject to be arrested again, as in the cases of Judgments for ordinary debts as herein provided. 22 V. c. 33, s. 24. (1859.) defendant may and order of a on such order 5. In case any party or plaintiff being a creditor of or In certain cases having a cause of action against any person liable to arrest, beheld to bail by the affidavit of himself or of some other individual, shows on affidavit of to the satisfaction of a Judge of either of the, Superior Courts of certain facts Common Law, or to the Judge or acting Judge of any County Judge: Ca. Court, that such party or plaintiff has a cause of action against Res. may issue such person to the amount of one hundred dollars or upwards, within a limited or that he has sustained damage to that amount, and also by time. affidavit shows such facts and circumstances as satisfy the said Judge, that there is good and probable cause for believing that such person, unless he be forthwith apprehended, is about to quit Canada with intent to defraud his creditors generally or the said party or plaintiff in particular, such Judge may by a special order direct that the person against whom the application is made, as being about to quit Canada with intent as aforesaid, shall be held to bail for such sum as the Judge thinks fit, and thereupon such party or plaintiff, within the time expressed in such order, but not afterwards, may sue out a Writ of Capias and one or more concurrent Writs of Capias in either of the said Superior Courts, or in the County Court, as the case may be, against the person so directed to be held to bail, and the Judge or the acting Judge of any County Court, may grant such orders to hold to bail where process is intended to be sued out Affidavit need not be at first entitled in any Court. Prisoners on for debt on the ber, 1858, entitled to discharge, but out of, or an action has been commenced in either of the said Superior Courts as well as in his own Court. 22 V. c. 96, s. 2. 6. It shall not be necessary that any such affidavit should, at the time of the making thereof, be entitled of or in any Court, but the style and title of the Court out of which the process issues, may be added at the time of suing out the process, and such style and title when so added, shall be, for all purposes and in all proceedings, whether civil or criminal, taken and adjudged to have been part of the affidavit ab initio. 22 V. c. 96, s. 2. 7. Every person who, on the first day of September, one mesne process thousand eight hundred and fifty-eight, was in custody or on first of Septem- bail upon mesne process for any debt or demand, shall be entitled to be discharged upon entering a common appearance to the action; but every such person shall be liable to be detained, or after such discharge to be again arrested, by virtue of any such special order as aforesaid, at the instance of the plaintiff at whose suit he was previously arrested or by any other plaintiff. 22 V. c. 96, s. 9. may be re-ar rested on spe cial order, &c. In what cases only a Writ of granted. IN CHANCERY. 8. The Writ of Ne exeat Provinciá shall be called a Writ of Arrest shall be Arrest, and no order shall be granted for a Writ of Arrest unless the party applying for the writ has a cause of suit to at least such an amount, and shows by affidavit such facts and circumstances, as this Act requires in the case of a special order for holding a party to bail under the fifth section of this Act. 22 V. c. 33, s. 1. (1859.) In suits for ali Arrest may be 9. In suits for alimony, instituted after this Act takes effect, mony a Writ of the Court or a Judge thereof may, in a proper case, order a Writ of Arrest to issue at any time after the bill has been filed, and shall, in the order, fix the amount of bail to be given by the defendant, in order to procure his discharge. 20 V. c. 56, s. 3. issued. Limit of bail in suits for alimony. Conditions of bail-bond under Writ of Arrest. 10. In case an order is made for a Writ of Arrest, in a suit for alimony, the amount of the bail required shall not exceed what may be considered sufficient to cover the amount of future alimony for two years, besides arrears and costs, but may be for less at the discretion of the Court. 22 V. c. 33, s. 2. (1859.) 11. The bail or security required to be taken under a "Writ of Arrest" shall not be that the person arrested will not go of attempt to go out of Upper Canada, but shall merely be to the effect that the person arrested will perform and abide by the orders and decrees made or to be made in the suit, or will per sonally appear for the purposes of the suit at such times and places as the Court may from time to time order, and will, in case case he becomes liable by law to be committed to close custody, render himself (if so ordered), into the custody of any Sheriff the Court may from time to time direct. 22 V. c. 33, s. 3. (1859.) WRITS OF CAPIAS AD SATISFACIENDUM. issue without sary and the contents there 12. In cases in which the Defendant has been held to when writs of special bail upon a Writ of Capias issued on a Judge's order Ca. Sa. may made under the former Act 22 V. c. 96, (1858,) for the aboli- further affidavit. tion of arrest in civil actions in certain cases, or under this Act, it shall not be necessary before suing out a Writ of Capias ad Satisfaciendum to obtain a Judge's order for the issuing thereof, or to make or file any further or other affidavit than that upon which the order authorizing the defendant's arrest was obtained in the first instance; but where the When a further defendant has not been so held to special bail, if the plaintiff in affidavit necesthe action by the affidavit of himself or some other party, shows to the satisfaction of a Judge of either of the said Superior of Courts of Common Law, or if the case be in a County Court shows to the Judge or acting Judge of such Court, that he has recovered judgment against the defendant for the sum of one hundred dollars or upwards exclusive of costs, and also by affidavit shows such facts and circumstances as satisfy the Judge that there is good and probable cause for believing either that the defendant, unless he be forthwith apprehended, is about to quit Canada with intent to defraud his creditors generally or the said plaintiff in particular, or that the defendant hath parted with his property or made some secret or fraudulent conveyance thereof in order to prevent its being taken in execution, such Judge may, by a special order, direct that a Capias ad Satisfa ciendum may be issued, and such writ may thereupon be issued apon such judgment according to the practice of the said Courts. 22 V. c. 96, s. 6. (1858.) payment of 13. Process of contempt for non-payment of any sum of mo- Process of conney, or for non-payment of any costs, charges or expenses, tempt for nonpayable by any decree or order of the Court of Chancery or of money, costs, a Judge thereof, or by any rule or order of the Court of Queen's &c., abolished. Bench or Common Pleas or of a Judge thereof, or by any decree, order or rule of a County Court or of a Judge thereof, arrest in such Ca. Sa. is abolished; and no person shall be detained, arrested Same affidavit or held to bail for non-payment of money, unless a special order required for an for the purpose be made on an affidavit or affidavits establishing cases as for a the same facts and circumstances as are necessary for an order for a Writ of Capias ad Satisfaciendum, under this Act; and in such case the arrest when allowed shall be made by means of a Writ of Attachment corresponding as nearly as may be to a Writ of Capias ad Satisfaciendum. 22 V. c. 33, s. 4. (1859.) Writ of Arrest 14. But in case a party be arrested under a Writ of Arrest, But not when a it shall not be necessary before suing out a writ under the pre- has issued. ceding section of this Act to obtain a Judge's order therefor, or to file any further affidavit than the affidavits on which the order for the Writ of Arrest was obtained. 22 V. c. 33, s. 5. (1859.) Person arrested 15. Every decree or order of the Court of Chancery, and every rule or order of the Court of Queen's Bench or Common Pleas, and every decree, order or rule of a County Court, directing payment of money or of costs, charges or expenses, shall, so far as it relates to such money, costs, charges or expenses, be deemed a judgment, and the person to receive pay. ment a creditor, and the person to make payment a debtor, within the meaning of this Act; and the said persons shall respectively have the same remedies, and the Courts and Judges and the officers of Justice shall in such cases have the same powers and duties, as in corresponding cases under this Act. 22 V. c. 33, s. 14. (1859.) · CUSTODY OF PERSONS ARRESTED. 16. In case a person has been heretofore, or may after this out of his Act takes effect, be arrested and committed to gaol in any other County may be transferred to it, County than that in which he resided or carried on business paying the cost. at the time, such person shall be entitled to be transferred to the gaol of his own County on prepaying the expense of his removal; and the Sheriff in whose County he was arrested may, if he be satisfied of the facts, transfer him accordingly; but if the Sheriff declines to act without an order of the Court or a Judge, such an order shall be made on the application of the prisoner and notice to the opposite party. 22 V. c. 33, s. 9. (1859.) Persons imprisoned on the 4th of May, 1859, for noncosts to be dis payment of charged. Persons in custody on the 4th May, 1859, un der Ne Exeat, &c., to be dis charged, subject to this Act. Decrees, &c. in equity to be Writ of Fi. Fa. &c., as at law. enforced by 17. Every person who, on the fourth of May, one thousand eight hundred and fifty-nine, was in custody or on bail under process of contempt for non-payment of costs, shall, if not already discharged, be entitled to be discharged therefrom. 22 V. c. 33, s. 10. (1859.) 18. Every person who, on the said Fourth of May, was in custody or on bail under a Writ of Ne Exeat, or who was in custody or on bail, whether to the limits of any gaol or otherwise under process of contempt for non-payment of money under any award, order, decree, or other proceeding whatever other than costs, charges and expenses, shall, if not already discharged, be entitled to be discharged, but shall be liable to be detained, or after such discharge to be again arrested, by virtue of any such special order as mentioned in the eighth or thirteenth section of this Act. WRITS OF FIERI FACIAS AND VENDITIONI EXPONAS. 19. For the purpose of enforcing payment of any money or of any costs, charges or expenses payable by any decree or order of the Court of Chancery, or any rule or order of the Court of Queen's Bench or Common Pleas, or any decree, order or rule of a County Court, the person to receive payment shall be entitled |