be delivered to the absconding Debtor or to the person or persons in whose custody the same were found, or to the authorized Agent of the absconding Debtor, and thereupon the responsibility of the Sheriff in respect thereto shall determine. 19 V. c. 43, s. 58. CAP. XXVI. An Act respecting relief of Insolvent Debtors. HER ER Majesty, by and with the advice and consent of the 3. Upon an attachment or other process, for non-payment of costs, or for non-payment of any sum of money awarded, or for the non-payment of any claim in the nature of a debt or demand due, being a sum certain or capable of being ascertained by computation and not in the nature of a penalty to enforce the doing of some act other than the payment of a sum of money, (in which several cases the debtor shall be deemed to be a prisoner in execution,) makes oath : 1. That he is a prisoner in close custody, setting forth on which of the causes of detention above specified; and 2. That he is unable to find security for the limits; and 3. Is not worth the sum of five pounds; and 4. In case he is in custody on mesne process that he is unable to procure bail to the action, and that he does not believe the demand of the Plaintiff to be just, and for that cause, and no other, resists payment of the same and refuses to confess judgment for the sum sworn to,---the Court from which the process issued, or any Judge having authority to dispose of matters arising in suits in such Court, shall make a rule or order on the Plaintiff at whose suit the debtor is detained, to The allowance pay to such debtor on the third Monday after the service of when payable. such rule or order, and upon each Monday thereafter, so long as such debtor is detained in prison at the suit of such Plaintiff for such cause, the sum of two dollars, and such payment shall shall be made to the debtor or to the Gaoler in whose custody he is, for the use of such debtor. 19 V. c. 43, s. 295. 2. In default of such payment, the debtor, on his affidavit of When debtor the default and after service of a rule nisi or Judge's Sum- entitled to be mons, to be obtained on such affidavit, shall, unless sufficient discharged, if not paid. cause is shewn, to the contrary, be discharged from custody by rule or order; but such discharge shall not, in case the debtor was confined on Mesne Process, prevent the Plaintiff from proceeding to judgment and execution against the body, lands or goods according to the practice of the Court, and in case the debtor is a prisoner in execution, such discharge shall not be a release or satisfaction of the Judgment or other debt or demand, nor shall such discharge, for the non-payment whereof the debtor was in custody, deprive the Plaintiff of any remedy against the lands or goods of such debtor. 19 V. c. 43, s. 295. ance or to his ment until he property. 3. When a debtor applies for the weekly allowance, or to Debtor not en be discharged from custody for the non-payment thereof, the titled to allowPlaintiff may file interrogatories for the purpose of discovering discharge in deany property or effects such debtor may be possessed of or fault of payentitled to, or which may be in the possession or under the control has answered of some other person for his use or benefit, or which he may have interrogatories fraudulently disposed of to injure his creditor, and the Plaintiff touching his may serve a copy of such interrogatories on such debtor, and thereupon, and until the debtor has fully answered the same upon oath to the satisfaction of the Court or Judge, and filed his answers and given sufficient notice of such filing to the Plaintiff or his Attorney, no rule or order for the payment of such weekly allowance shall be made, or if previously made, no order for his discharge for non-payment thereof shall be made. 19 V. c. 43, s. 296. debtor. 4. If such debtor has obtained an order for payment of the Filing interroweekly allowance, the Plaintiff may at any time file and serve gatories to such interrogatories, and the Court from which the process issued, or a Judge, on application of the Plaintiff, may stay further payment until the debtor has sworn to and filed his answers, and has given to the Plaintiff or his Attorney four clear days' notice thereof. 19 V. c. 43, s. 297. veral writs, &c. 5. In case such debtor be a prisoner in close custody Defendant in in several suits or matters, he must make all the Plain- custody on setills, in such suits or matters, parties to his application for only entitled to the weekly allowance, and he shall only be entitled to one one allowance, weekly sum of two dollars, although in custody in several suits and matters; and in any such case, if the weekly allowance be unpaid, the debtor shall have the same right as When in custody in one suit only, to be discharged from custody in all the suits or matters named in the order for payment, and the Plaintiffs named in such order must all be made parties on any application for the debtor's discharge on account of Allowance may be recovered from debtor as .costs. A debtor in cus tion, may apply ed; and after what notice, &c. to his property, &c., by interrogatories. of non-payment, and all such Plaintiffs must join in administering interrogatories to the Defendant, as if they were Plaintiffs in one suit, and such Plaintiff's shall regulate among themselves the apportionment of the weekly allowance and the arrangement for payment thereof. 19 V. c. 43, s. 298. 6. The Plaintiff shall be entitled to recover from his debtor all sums paid to him for weekly allowance while a prisoner on Mesne Process, and upon proof of the amount of such payment before the proper taxing Officer, such sums shall be allowed as disbursements in the suit and be taxed as part of the costs thereof. 19 V. c. 43, s. 299 7. In case any debtor, according to the intent and meaning of tody in execu- this Act, who is or may be confined in close custody in exeto be discharg- cution at the time of, or after the passing of this Act, gives to the party at whose suit he is a prisoner or to his Attorney, a notice in writing that he will, after the expiration of ten days from the day of the service of such notice, apply to be dis charged from custody, the Plaintiff, at whose suit he is Examination of confined, may file interrogatories for the purpose of discovering such debtor as any property or effects which such debtor may be possessed of or entitled to, or which may be in the possession or under the control of some other person for the use or benefit of such debtor, or which such debtor, having been in possession of, may have fraudulently disposed of to injure his creditor, and touching such debtor's estate and effects, and the circumstances under which he contracted the debt or incurred the liability which was the subject of the action in which Judgment has been rendered against him, and as to the means and expectations such debtor then had, and as to the property and means he still hath, and as to the disposal he may have made of any of his property, and may serve a copy of such interrogatories on such debtor; or the before County plaintiff, at his option, may cause such debtor to be examined vivá voce upon oath before the Judge of the County Court in the County in which such debtor is confined, or before some one to be appointed in that behalf by such County Judge, upon and touching all or any of the matters aforesaid; and such County Judge may issue an order to the Sheriff or Gaoler having the custody of such debtor, to bring such debtor before the Judge upon him or before some person to be named in such order, for the purpose of being so examined, and such Sheriff or Gaoler shall take such debtor before such Judge or person appointed as aforesaid, for examination under the authority of this Act, in the same manner as if such Sheriff or Gaoler were acting in obedience to a Writ of Habeas Corpus ad Testificandum. 22 V. c. 96, s. 11. Or vivâ voce Judge. Debtor to be taken before his order. Application of 8. After the expiration of ten days from the day of the such debtor for service of a notice by a debtor of his intention to apply for his having com- discharge from custody under the next preceding section, and plied with cer- upon proof of such notice, and upon such debtor's making oath discharge on his that H making a cer that he is not worth twenty dollars exclusive of his necessary tain requirewearing apparel, the bed and bedding of such debtor or his ments, and family, and one stove and cooking utensils of such debtor, and tain affidavit. also the tools and implements of his trade not exceeding the value of sixty dollars, and that he hath answered all interrogatories. filed by the Plaintiff, and hath given due notice of such answers (or if no interrogatories have been served, that he hath not been served with any interrogatories), and that he has submitted himself to be examined pursuant to the order of the County Judge (or if such order has not been served, that he has not been served with any such order), such debtor may apply to the Court from which the process on which he is confined issued, or to any Judge having authority to dispose of matters arising in suits in such Courts, for a rule or summons to shew cause why he should not be discharged from custody, and upon the return of such rule or summons, and where there are interrogatories if the answers thereto are deemed sufficient by such Court or Judge, or where such examination has taken place if the matter thereof be deemed satisfactory by such Court or Judge, such debtor shall be by rule or order discharged Discharge, and from custody, and such discharge shall have the same and no other effect as a discharge for non-payment of the weekly allowance. 22 V. c. 96, s. 12. its effect. 9. In case the Plaintiff has already filed interrogatories, or Further exam.icaused the debtor to be examined viva voce, and in case on the nation of debtor return of the rule or summons, further inquiry appears requisite may be ordered. for the ends of Justice, the Court or Judge may allow the Plaintiff a reasonable time to file further interrogatories, or to cause such debtor to be further examined viva voce, and may allow a reasonable time for the debtor to answer them or to submit to such further examination, before the rule or summons be finally disposed of. of assignment 10. The Court or Judge may make it a condition of the Discharge may debtor's discharge, that he shall first, by an assignment or con- be on condition verance which shall be approved by the Court or Judge, by debtor. assign and convey to the party at whose suit he is in custody, any right or interest which he may have or be presumed to have in and to any property, real or personal, credits and effects, other than the wearing apparel, bed, bedding, stove, cooking utensils, tools and implements of trade before mentioned. Re-committal for not more 11. In case it appear to the Court or Judge that the debt for which such debtor is confined was contracted by any of such debtor manner of fraud or breach of trust, or under false pretences, than 12 months, or that such debtor wilfully contracted such debt or in- in cases of curred such liability without having had at the time a reasonable assurance of being able to pay or discharge the same, or that he is confined by reason of any Judgment in fraud, seduc same tion, libel, &c. duction, criminal conversation, libel or slander, the Court or an action for breach of promise of marriage, se Judge Debtor unduly obtaining dis re-taken in execution. Judge may order the Applicant to be recommitted to close custody for any period not exceeding twelve months, and to be then discharged. 22 V. c. 96, s. 12. 12. In case any discharge granted under this Act charge may be has been unduly or fraudulently obtained by any false allegation of circumstances which, if true, might have entitled the debtor to be discharged by virtue of this Act, such debtor shall, upon the same being made to appear to the satisfaction of such Court or a Judge as aforesaid, be liable to be again taken in execution and remanded to his former custody by rule Saving Sheriff, or order of such Court or Judge; but no sheriff or gaoler shall be liable as for an escape of such debtor in respect of his enlargement during the time he has been at large by means of such is undue discharge as aforesaid. 22 V. c. 96, s. 14. &c. Person on bail . 13. A person arrested under a Writ of Capias ad Satisfacien may obtain dis- dum, or under a Writ of Attachment, though he be not confined charge, &c., as if in close cus- to close custody but has given bail, may apply for and obtain his discharge in the same manner and subject to the same terms and conditions, as nearly as may be, as an execution debtor who is confined to close custody. 22 V. c. 33, s. 8. (1859.) tody. Falseswearing, &c., on any examination to be perjury. Power for Forms, &c. 14. Every person who, upon any examination upon oath or affirmation, or in any affidavit made or taken in any proceedings under this Act, wilfully and corruptly gives false evidence, or wilfully and corruptly swears or affirms any thing which shall be false, and who is thereof convicted, shall be liable to the penalties of wilful and currupt perjury. 22 V. c. 96, s. 15. 15. The Common Law Procedure Act shall so far as applimaking Rules, cable apply to this Act, and all the powers conferred on the Judges of the Superior Courts by the said Act, shall be and are hereby extended to the making from time to time of all rules and forms of proceeding necessary for giving effect to this Act. 22 V. c. 96, s. 16. (1858.) 22 V. c. 33, s. 18. (1859.) Debtors in cus 16. None of the foregoing provisions relative to the weekly tody on crimi- allowance, or discharge from custody on account of insolvency, shall extend or be applicable to debtors who are at the same time in custody upon any criminal charge. 19 V. c. 43, s. 309. nal charges, excepted. Confessions ment given by Insolvents to defeat or delay FRAUDULENT PREFERENCE. 17. In case any person being at the time in insolvent ciror warrants to cumstances, or unable to pay his debts in full, or knowing confess judghimself to be on the eve of insolvency, voluntary or by collusion, with a creditor or creditors, gives a confession of Judg ment, Cognovit Actionem or Warrant of Attorney to confess judgment with intent, in giving such confession, Cognovit Actionem or Warrant of Attorney to confess judgment, to defeat or delay his creditors wholly or in part, or with intent thereby to give one or more of the creditors of such person a preference over his other creditors, or over any one or more of such creditors, every such confession, Cognovit Actionem creditors or to give one prethe other to be ference over Void. or |