County where the offence was committed. If any person shall make any sale of damaged goods, or any demand for a loss, without complying with the provisions of this Chapter, he shall forfeit double the value of the goods.

1. No action shall be brought to charge an executor or administrator upon any special promise to answer damages out of his own estate; or to charge any person upon any special promise to answer for the debt, default, or miscarriage of another'; or to charge any person upon any agreement made upon consideration of marriage, or upon any contract, or sale of lands, or of any interest therein, or upon any agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person authorized by him.

2. No contract for the sale of any goods, wares, or merchandise, for the price of ten pounds or upwards, shall be good unless the buyer accept and receive part of the goods so sold, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby, or his agent, whether such goods are actually made or ready for delivery, or are intended to be made or delivered, or both, at some future time, or not.

3. No action shall be brought to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealing of any other person, to enable such other

person to obtain money or goods upon credit, unless such representation or assurance be made in writing, signed by the party to be charged therewith.

4. No action shall be maintained whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification after full age of any promise or simple contract made during infancy, unless such promise or ratification be made by some writing signed by the party to be charged therewith.

5. All leases, estates, or other interests in lands, not put in writing, and signed by the parties, or their agents thereunto lawfully authorized by writing, shall have the force of leases or estates at will only, except leases not exceeding the term of three years.

6. No interest in lands shall be assigned, granted, or surrendered, unless it be by deed or note in writing, signed by the party assigning, granting, or surrendering the same, or by his agent thereunto lawfully authorized by writing, or by act and operation of law.

7. No declaration or creation of any trust in lands shall be valid, unless it be in writing signed by the party entitled to declare or create the trust, or by his last will; except trusts arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law.

8. No grant or assignment of any trust shall be valid unless it be in writing, signed by the party granting or assigning the same, or by his last will.

9. No writ of execution shall bind the goods of the party against whom it is sued forth, but from the time it is delivered to the Sheriff to be executed, who shall endorse thereon the day of the month and year he received it.

10. No heir who shall become chargeable by any trust made assets in his hands, shall, by reason of any pleading or judgment, be chargeable to pay the condemnation out of his own estate; the execution shall be issued against the estate so made assets, in whose hands soever it shall come after the writ issued, in the same manner as by the common law.

1. Who may apply for weekly support. 10. When debtor discharged after support.

Proceedings.

2. Discharge, effect of.

3. Who may take examination.

4. When one Justice to act.

5. Who not liable for an escape.

6. Who may issue subpoenas. Witnesses'
duty.

7. When debtor may sell his property, &c.
8. When order may be suspended, &c.
9. When Supreme Court may grant relief.

11. Creditor, &c., discharging debtor, effect of. 12. Discharge of debtor, who indemnified. 13. Limits, when allowed. Bond assignable, how. Relief of obligors.

14. New limit bond, when demandable. 15. Property, debtor allowed to retain. 16. When Sheriff not liable, plea, &c. 17. Render of debtor.

18. Power of the Mayor or Recorder of the City of Saint John.

1. Any person confined in gaol or on the limits in any civil suit, unable to obtain his support, may apply to a Judge of the Supreme Court, or Justice of the Inferior Court with any Justice of the Peace, for weekly support, and on seven days notice to the opposite party or his attorney, he shall be examined before such Judge or Justices on oath as to his ability to support himself; if satisfied that such person cannot support himself by labour or otherwise, that he has no property real or personal, that since he was served with the first process in this suit he had not directly or indirectly transferred any property real or personal, intending to defraud the person at whose suit he is confined, or given any undue preference, such Judge or Justices shall make an order for payment by the suitor of five shillings per week to the debtor, the first payment to be made as may be directed; on failure of payment between sunrise and sunset of the day ordered, the Judge or Justices shall by order in writing discharge the debtor from confinement as to that suit, on production of which to the gaoler the debtor shall be forthwith discharged without payment of any fees whatever. 2. No discharge under any of the provisions of this Chapter shall prevent the plaintiff proceeding to final judgment, or issuing execution against the property of the debtor, or recovering the amount of the judgment, but the person of the debtor so discharged shall be freed from arrest for the same cause. The examination mentioned in the preceding Section shall be filed in the office of the Clerk of the Court out of which the process issued.

3. Should the Judge or Justices, or either of them, not attend at the time and place specified in the notice, any other person authorized to take such examination may attend in his or their stead, and proceed therewith, and grant or refuse relief under this Chapter; an entry shall be made, in the minutes of the examination, of the same having been taken by him or them in lieu of the person or persons who issued the notice.

4. The provisions of this Chapter shall also extend to persons confined upon process in civil suits issued by a Justice, the proceedings to be had before any one Justice.

5. The Judge or Justices shall make an order in writing, directing the Sheriff or gaoler to bring the debtor before them at the time and place specified therein for examination, and such Sheriff or gaoler shall not be liable for acting in obedience to such order.

6. Either party may issue subpoenas out of the Court from which the process issued, which shall be served and the witness tendered his reasonable expenses, the person served therewith shall be liable to the same punishment and damages for wilfully disobeying the subpoena as in other cases.

7. If any confined debtor shall be possessed of property, and shall have offered to pay or assign the same to the suitor, or if there be several suitors, to them respectively in proportion to their demands, and the suitor or suitors, or either of them, refuse to accept, the person so confined shall sell by public auction, first giving seven days public notice of such sale, and also seven days notice thereof to the parties or their attorneys, and upon tender of the proceeds, and refusal by either of them to accept, he may pay the same to any creditor, or creditors, and shall then be entitled to the benefit of this Chapter.

8. When it shall be made to appear to the Judge or Justices who ordered the support, or to any other Judge or Justices, that the debtor can support himself, such Judge or Justices shall suspend such support until further order; no order for suspending the payment of the allowance shall be made unless due notice be given to the debtor of the application for suspension, the debtor to be brought before the Judge or Justice in the manner prescribed in Section 5 of this Chapter.

9. Any person confined in any gaol, or on the limits thereof, for the space of six months in any civil suit, may apply to the

Supreme Court on affidavit for relief, notice of such application being first given to the opposite party or his attorney, who on being satisfied that the debtor has no property, real or personal, to discharge the demand in part or in whole, or means of support, and that he has applied to a Judge or Justices as aforesaid without success, the Court may in their discretion make an order either for the maintenance or discharge of such debtor.

10. Any debtor receiving such weekly allowance for the space of six months, shall then be discharged by the Judge or Justices who made the order, or any other Judge or Justices.

11. Any creditor and his representatives, may consent in writing to the discharge of their debtor from custody, without losing the benefit of the judgment and execution thereon, against the property of the debtor; and the Sheriff, upon being served with such consent, shall forthwith discharge the debtor from custody.

12. In case of the discharge of any debtor under the provisions of this Chapter, all persons shall be indemnified, and are hereby freed from all suits and judgments whatsoever that may be had or adjudged against them by reason of such discharge.

13. When any person is or may be arrested, the Sheriff shall permit such person to have the liberty of the limits designated for such gaol, upon his giving the said Sheriff a bond with two sufficient sureties in double the amount of the sum for which he is in custody, in the following form:We [here insert the names and additions of the obligors] are jointly and severally bound unto Sheriff of

the sum of

dated this

in

to be paid to the said Sheriff.-Sealed and day of

A. D. 18.

Whereas the said Sheriff hath permitted the said being in his custody at the suit of A. B., to have the liberty of the limits of the gaol of

County;

Now the condition of the above obligation is, that if the said shall not go out of the said limits, or escape at any time while he has such liberty, then this obligation to be void, otherwise to be in force.