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 1 
 
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AN ACT 
 
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 TO 
 
 
 ABOLISH IMPRISONMENI' FOIl DEBT, 
 
 AND FOR THK 
 
 PUNISHMENT OF FR.VUDULENT DEBTORS, 
 
 XH 
 
 ' *5- 
 
 LOWER CANADA, AND BX)R OTHER FIJRPOSES. 
 
 12 Victoriae, Cap, 42. 
 
 v,v 
 
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 I* 
 
 MONTREAL: 
 
 PRINTED BY STEWART DERBISHIRE & GEORGE DEvSBAKATH 
 
 Printer to the Clucen's Most Exedlent Majciity, 
 
 .; 1849. 
 
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 •. 
 
 
 
 ANNO DUODECIMO 
 
 
 
 V I C T R 1 -^ R E G I N ]E . 
 
 
 
 CAP. XLII. 
 
 
 
 An Act to abolish Imprisonment for Debt, and for 
 the punishment of fraudulent Debtors, in Lower 
 
 
 > 
 
 
 
 Canada, and for other purposes. 
 
 
 
 [ mil May, 1849. ] 
 
 
 
 H^I^T^HEREAS Imprisonment for Debt, where Pre&mbie. 
 f^y fraud is not imputable to the Debtor, is not 
 
 
 
 
 
 only demoralizing in its tendency, but is as detri- 
 
 
 
 mental to the true interests of the creditor as it is 
 
 
 
 inconsistent with that forbearance and humane regard 
 
 
 ■ 
 
 to the misfortunes of others which should always 
 
 
 \ 
 
 characterise the legislation of every Christian coun- 
 
 
 1 
 
 try ; And whereas it is desirable to soften the rigor 
 
 
 f 
 
 of the laws affecting the relation between Debtor and 
 
 
 ' 
 
 Creditor, as far as a due regard to the interests of 
 
 
 ; 
 
 commerce will permit : Be it therefore enacted by 
 
 the Queen's Most Excellent Majesty, by and with 
 
 the advice and consent of the Legislative Council 
 
 and of the Legislative Assembly of the Province of 
 
 Canada, constituted and assembled by virtue of and 
 
 under the authority of an Act passed in the Parliament 
 
 of the United Kingdom of Great Britain and Ireland, 
 
 intituled : *' An Jet to re-unite the Provinces of Upper 
 
 " and Lower Canada^ and for the Government of 
 
 ** Canada" and it is hereby enacted by the authority 
 
 of the same, That from and after the passing of this imprisonment 
 
 Act, no priest or minister of any religious denomina- ^'"^ ^^^ "<>* 
 
 • 
 
 '\ 
 
 
 m 
 
to bi" nllowabic 
 in oenain 
 
 Arrfst for 
 ilebl to he al' 
 lowal)l«' only 
 on certain 
 condit'ionn. 
 
 Proviso; after 
 arrest the de- 
 fendant may 
 be di8charge<l 
 if arrested ini- 
 profH>rly. 
 
 tion whatsoever, no person of the age of sciventy years 
 or upwards, antl no female, shall be arrested or held 
 to bail by reason of any debt or by reason ot any other 
 cause of civil action or suit whatsoever; and that no 
 person shall be arrested or held to bail or detained 
 in custody upon any cause of civil action arising or 
 which may have arisen in any foreign country, or in 
 any civil suit wliere the cause of action shall not 
 amount to ten pounds of lawful money of this Pro- 
 vince ; and no writ of capiaa ad satin faviendu in or 
 other execution against the~|)erson, shall issue or be 
 allowed after the passing of this Act. 
 
 II. And be it enacted, That it shall not be lawful 
 for the plaintiff in any civil suit or action to proceed 
 fo arrest the body of the defendant, or detain him in 
 custody, unless an affidavit be made, in the manner 
 provided by law, by such plaintiff, his bookkeeper, 
 clerk or legal attorney, that the defendant is person 
 ally indebted to the plaintiff in a sum amounting to 
 or exceeding ten pounds of lawful money of this 
 Province, and also that such plain tiif, his book-keeper 
 or legal attorney, hath reason to believe, and doth 
 verily believe, upon grounds to be specially set forth 
 in such affidavit, that the defendant is immediately 
 about to leave the Province of Canada, with intent 
 to defraud his creditors generally, or the plaintiff in 
 particular, or that the defendant hath secreted or is 
 about to secrete his property with such intent ; Pro- 
 vided always, that it shall be lawful for the Court or 
 any Judge of the Court whence any process shall 
 have issued to arrest any person, either in Term or 
 in vacation, to order any such person to be discharged 
 out of custody, if it shall be made to appear to him, 
 on summary petition and satisfactory proof, either 
 that the defendant is a priest or minister of any reli- 
 gious denomination, or is of the age of seventy years 
 or upwards, or is a female, or that the cause of action 
 
arose in a foreign country, or does not amount to ten 
 pounds of lawful money of this Province, or that 
 there was not sufficient reason for the helief that the 
 defendant was immediately about to leave the Pro- 
 vince with fraudulent intent where that is the cause 
 assigned for the arrest, or that the defendant had not 
 secreted and was not about to secrete his property 
 witji such intent where that is the cause assigned for 
 such arrest. 
 
 III. And be it enacted, That any defendant arrested Dcfen.iunt ar- 
 after the passing of this Act and confined in Gaol ir'mnyu '" 
 under and by virtue of any writ oi' capias ad rcspori- Td,'Mci\on 
 dcndnniy shall at any time before the rendering of fy'to'^Htirren' 
 final iiulffment, if such writ have been sued out before ,"■ '''"'«<^'* , 
 jaogirient, and at any time beioro the judgment declar- 
 ing the arrest under such writ valid, if such writ have 
 been sued out after judgment, be released from such 
 arrest and confinement, if he give good and sufficient 
 security to the satisfaction of the Court into which 
 the process under which he shall have been arrested 
 shall be returnable or returned, or of any Judge of 
 such Court, that he, the defendant, will surrender 
 himself into the custody of the Sheriff whenever 
 required so to do by any order of such Court, or of 
 any one Judge thereof, made as hereinafter is pro- 
 vided, or within one month after the service of such 
 order upon him or upon his sureties, and that, in 
 default of his so doing, he will pay the plaintiff his 
 debt, interest and costs ; and the Court or Judge before 
 whom such security shall be given, shall cause the 
 sureties to justify upon oath, (if the plaintiff require 
 it) and on security being given by the defendant as 
 aforesaid, the Judge or Court before whom such 
 security shall be given, shall order the defendant to 
 be released from such arrest and confinement ; and 
 in like manner any defendant so arrested, but who J^J*„p'^,„j^ 
 shall have given bail to the Sheriff as hereinafter is defendant who 
 
hn»(risri, i„i provided, shall have a right on ihe return day of the 
 to the (sheriff, ^^^.j^ ^^^ ^^ .^^^^ ^.^^ previously theieto, or within eight 
 
 days thereafter, to give good and sufficienl secnrity 
 before the Court into which the process under which 
 he shall have been arrested shall be returnable or 
 returned, or before any Judge thereof, that he will 
 surrender himself into the custody of the Sherill' 
 whenever required so to do by any order of such 
 (\)urt, or of any .ludge^thereof made as heremafter 
 is provided, or within oiie mouth after the service ot 
 j-uch order upon him or upon his sureties, and that in 
 default of his so doing, he will pay the plaintiif his 
 debt, interest and costs, and the sureties shall justify 
 upon ortili as to their sufficiently, if the plaintiff re- 
 quire it, and upon the security so offered being 
 received and put in, the bail given to the Sheriff 
 shall thereby be discharged. ' ' 
 
 Dnfrndant 
 having givpa 
 uecurity undrr 
 this Act, to 
 make a cer- 
 tain drci.irck- 
 lion if judg- 
 jiiont !i»» givpn 
 againut him 
 for £20 or 
 upwards. 
 
 IV. And be it enacted, That if judgment for a 
 sum of or exceeding twenty pounds of lawful money 
 of this Province exclusive of interest from the service 
 of process and costs, Ix? rendered against any defen- 
 dant who shall so iiave been arrested and shall so 
 have put in security asliereinbefore is provided, then 
 such defendant shall be bound w^ithin thirty days 
 from the reridering of such judgment, if the same 
 remain then unsatisfied, to make and fyle in the 
 office of the Prothonotary or Clerk of the Court a 
 statement, under oath, nmking known of what pro- 
 perty, real or personal, he is possessed, and where 
 the same is situate, to the intent that the plaintifT 
 may proceed and take the said property in execu- 
 tion, if he see fit, and also making known the names 
 and addresses of all and every the creditors of such 
 defendant, and the amount and nature (privileged, 
 hypothecary or otherwise) of the claim or claims of 
 every such creditor, and also a declaration that he is 
 willing to abandon the property real and personal 
 
set forth in the said Ntalement for the bciielU of his 
 creditors; and if the defendant neglect to fyle such ^.''yj'"*'^ 
 statement as aforesaid, or if at any time within two makVmj.h" 
 years after the fyline; of such statement, the plaii»tiir'^'''J"'*'!"!?',"' 
 
 . 1 I II 111 • I 1 I . rniikinu It tttUi*, 
 
 in the suit shall establish, either by the examinalion «ic. 
 of the defendant under oath or by other evidence, 
 that when the statement was so fyled the defendant 
 was proprietor of any chattels, effects, lands or 
 tenements, of the value of twenty pounds currency, 
 wilfully omitted from the said statement, or that at 
 any time between the institution of the plaintiff's 
 action and the making of such statement on the part 
 of the defendant, or within thirty days next pre- 
 ceding the institution of such action, the defendant 
 secreted any part of his property with the intent of 
 defrauding his creditors, or that the defendant has 
 made any fraudulent mis-statement in respect of his 
 creditors or their claims, or if the defendant fail to 
 appear for the purpose of being examined in relation 
 to such statement, at any time appointed for such 
 examination by the Court or any Judge thereof, then 
 the said Court, or in vacation any Judge thereof, 
 shall order the defendant to be imprisoned in the 
 Common Gaol of the District for such period not 
 exceeding one year as such Court or Judge shall 
 think reasonable, in punishment of the misconduct 
 of which he or they shall adjudge such defendant to 
 have been guilty ; and if the defendant so ordered to 
 be imprisoned shall not surrender hims'^lf or be sur- 
 rendered for that purpose according to the require- 
 ments of the order in that be^ialf, then the parties 
 who shall so have become security that the defen- 
 dant would so surrender himself as aforesaid, shall 
 forthwith be liable to pay to the said plaintiff the 
 debt, interest and costs, in relation to which such 
 security shah have been given, and all subsequent 
 
 costs, •.::.■■'■ ■ .;)'• 'i 
 
 ',J-\-}i • 
 
tfl„ 
 
 PliuntifT mu> 
 prove frnuJ, 
 <kc. 
 
 ^^ 
 
 DefrnJani in V. And 1)0 it cnactc<l, That it slinll be lawful for 
 riike"Saie.'' " »"y defendant arrested as aforesaid, and confined in 
 mem, Slc gaol, at any time eiliier before or after judgment, to 
 make and fyle a statement of liis property real and 
 personal, and of his creditors, sucli as is mentioned 
 m tiie next preceding section of this Act, and to make 
 and fv le with such statement a declaration that he 
 is willing to abandon the property real and personal 
 set forth in the said statement, lor the benefit of his 
 creditors; and if the pkiintilT, within four months 
 from the service upon iiim or upon his Attorney of a 
 copy of such statement and declaration, shall estab- 
 lish either by the examination of the defendant under 
 oath or by other evidence, that when the statement 
 was so fvlfd, the defendant was proprietor of any 
 chattels, efl'ects, lands or tenements of the value of 
 twenty pounds currency, wilfully omitted from such 
 statement, or that at any time between the institu- 
 tion of the plaintiff's action and the making of such 
 statement on the part of the defendant, or within 
 thirty days next preceding the institution of such 
 action, the defendant secreted any part of his property 
 with the intent of defrauding his creditors, or that 
 the defendant has made any fraudulent mis-statement 
 in respect of his creditors or their claims, then the 
 said Court, or in vacation any Judge thereof, shall 
 order the defendant to be imprisoned in the Common 
 Gaol of the District for such period not exceeding 
 one year as such Court or Judge shall think reason- 
 able, in punishment of the misconduct of which he 
 or they shall adjudge the defendant to have been 
 (fnufrauJ, guilty ; but if no omission such as aforesaid in the 
 Jt'kidaSurte statement so made and fyled by the defendant, be 
 Tdea»cd. established, and if it be not established that the 
 defendant has secreted any part of his property 
 within the period aforesaid, and with the intent 
 aforesaid, then it shall be lawful for the said Court, 
 or in vacation for any Judge thereof, at the expiration 
 
 r-B-' 
 
9 
 
 of the said period of four months, to order the 
 defendant to be discharged from his imprisonment : 
 Provided always, that in any case where such omis- Pmvuo 
 sion or other misconduct shall havo been formally ],1ov7r'jI'firt«.i, 
 alleged and complained of against such defen(h:i; *'*•.•"« j '* 
 before the expiration of the said term of four months, """ ' 
 such Court or Judge, upon satisfactory cause shown, 
 may extend the time during which proof relative to 
 such complaint mav be taken, for a period of not 
 more than two inonllis, and if during such extension 
 of time such omission or other misconduct be estab- 
 lished, such Court or Judge may order such defen- 
 dant to be imprisoned in punishment thereof, in the 
 same manner as if the same had been established 
 during the said term of four months. 
 
 VI. And be it enacted, That when any defendant, curator m be 
 arrested or imprisoned as aforesaid, shall have made appoints to 
 and fyled a statement of his property real and per- LblKiSV 
 sonal as aforesaid, and shall as aforesaid have decla- the Ucfondant. 
 red himself willing to abandon the same for the be- 
 nefit of his creditors, it shall be lawful for the Court 
 or for any Judge thereof upon the application of the 
 plaintiff, (if made within two months from the ser- 
 vice of such statement and declaration upon the 
 plaintiii or his Attorney, and after fifteen days' 
 notice, in the form of the Schedule No. 1, subjoined 
 to this Act, of the time and place of such applica- 
 tion, previously given in the Canada Gazette^) to 
 appoint, at the discretion of such Court or Judge, af- 
 ter hearing any parties claiming to be interested, a fit 
 and proper person as Curator to the property so of- 
 fered to be abandoned, and of such appointment no- Notice of ap- 
 tice shall by such Curator forthwith be given (in the P«i"»°»«"^»- 
 form of the Schedule No. 2, subjoined to this Act) 
 for the space of one month in the Canada Gazette^ 
 and also for any period which maty be ordered by 
 such Court or Judge, in any other newspaper or 
 
10 
 
 Oppnaition to 
 the statement. 
 
 Effect if no 
 fraud, &c , be 
 proved. 
 
 newspapers which such Court or Judge may see fit 
 to name ; and in case such Curator shall fail or delay 
 to give such notice, then the same may be given either 
 by the plaintiff or by the defendant ; and during the 
 said period of four months, within which the plain- 
 tiff shall have it in his power to adduce evidence 
 with respect to any omissions such as aforesaid, in the 
 statement so made and fyled by the defendant, or 
 wiih respect to the^defendant having secreted any 
 part of his property within the period and with the 
 intent aforesaid, or made any fraudulent mis-state- 
 ment in respect of his creditors or their claims, it 
 shall also be in the power of any other creditor of 
 such defendant to appear in the cause in relation to 
 V hich such notice shall have been given, and to ad- 
 duce evidence and examine the defendant for the 
 same purpose, in the same manner and with the same 
 effect as the plaintiff in such cause under this Act 
 can adduce such evidence or examine the defendant ; 
 and whenever, as hereinbefore provided, a defen- 
 dant shall have been arrested or imprisoned as afore- 
 said, and shall have declared his willingness to aban- 
 don all his property real and persona), for the benefit 
 of his creditors, and a Curator shall thereupon UaVe 
 been appointed to take charge of such property Irt 
 pursuance of this Act, and public notice shall nave 
 been given as hereinbefore required of the appoint- 
 ment of such Curator within fifteen days after the 
 same shall have been made, and the defendant shall 
 not be adjudged guilty of any misconduct in the pre- 
 mises rendering him liable to punishment as herein- 
 before is provided, such Defendant shall not thereaf- 
 ter be liable to be arrested or imp isoned or detained 
 in prison at the suit of the plaintiff by whom he shall 
 have been arrested, or at the suit of any other per- 
 son, for or by reason of any cause of action arising 
 before the making and fyling of such statement and 
 declaration by such defendant ; and in case such de- 
 

II 
 
 fendant shall notwithstanding at any time afterwards 
 be arrested for or by reas i of any such cause of ac- 
 tion, it shall be lawful k. he Court or for any Judge 
 of the Court whence th<j jirocess shall have issued 
 for such arrest, upon a summary petition and satis- 
 factory proof, to order such defendant to be discharged 
 out of custody. 
 
 VII. And be it enacted, That the powers of the Powers of the 
 Curator so to be appointed, shall extend not only to J^USVo^'Jii 
 the property real and personal comprehended in the property of the 
 statement to be so made and fyled by such defendant, ^''f*^"'*"^- 
 but also to any other property real or personal of the 
 defendant, that ought to have been comprehended in 
 such statement ; and the real estate comprehended 
 or that ought to have been comprehended in such 
 statement, shall be sold upon such Curator in the or- 
 dinary course of law ; and the personal property com- 
 prehended or that ought to have been compre- 
 hended in such statement shall be collected and got 
 in by such Curator, and by him be paid over or 
 distributed, or caused to be paid over or distributed 
 also in the ordinary course of law. 
 
 fiVIII. And be it enacted. That in every case in Astodefen- 
 which a judgment shall, either before or after the th"omXt"for 
 passing of this Act, have been rendered against a this Act, a ca 
 defendant, for a sum amounting to or exceeding • * uTa!'" ^*** 
 twenty pounds of lawful money of this Province, 
 exclusive of interest from the service of process and 
 costs, and for the satisfaction of which judgment a 
 writ of capiaa ad satisfaciendum might have been 
 sued out according to the laws in force in Lower- 
 Canada before the passing of this Act, such defendant 
 shall, after the discussion of his apparent property 
 real and personal in the ordinary course of law, be 
 bound, within thirty days from pergonal service up- 
 on him of a certified copy of such judgment, to- 
 gether with a notice in writing (in the form of the 
 
 V 
 
12 
 
 suppression, 
 &c , in such 
 statemeijt. 
 
 Schedule No. 3, subjoined to this Act) demanding of 
 him that he do make and fyle the statement herein- 
 after mentioned, to make and fvle in the Office of 
 the Prothonotary or Clerk of the Court, a statement 
 under oath, making known of what property, real or 
 personal, he is possessed, and where the same is si- 
 tuate, to the intexit that the plaintiff may proceed and 
 take the said property in execution, if he see fit, 
 and also making known the names and addresses 
 of all and every the creditors of such defendant, and 
 the amount and nature (privileged, hypothecary or 
 otherwise) of the claim or claims of every such cre- 
 Punishment of ditor j and if the defendant neglect to fyle such 
 gui?ty of fraud, Statement as aforesaid, or if at any time within two 
 years after the fyling of such statement, the plain- 
 tiff in the suit shall establish, either by the exami- 
 nation of the defendant under oath or by other evi- 
 dence, that when the statement was so fyled the 
 defendant was proprietor of any chattels, effects, 
 lands or tenements, of the value of twenty pounds 
 currency, wilfully omitted from the said state- 
 ment, or that at any time between the institution 
 of the plaintiff's action and the making of such state- 
 ment on the part of the defendant, or within thirty 
 days next preceding the institution of such action, 
 the defendant secreted any part of his property with 
 the intent of defrauding his creditors, or that the 
 defendant has made any fraudulent mis-statement in 
 respect of his creditors or their claims, or if the 
 defendant fail to appear for the purpose of being ex- 
 amined in relation to such statement, at any time ap- 
 pointed for such examination by the Court or any 
 Judge thereof, then the said Court, or in vacation any 
 Judge thereof, shall order the defendant to be 
 imprisoned in the Common Gaol of the District, for 
 such period not exceeding one year, as such Court or 
 Judge shall think reasonable, in punishment of the 
 misconduct of which he or they shall adjudge such 
 defendant to have been guilty. 
 
 
 
curtain cases. 
 
 13 
 
 IX. And be it enacted, That it shall be lawful for Defendant ar- 
 any defendant, who at the time of the passing of this [S^AnJ^"' 
 Act shall be imprisoned under and by virtue of any he released in 
 writ of Capias ad respondendum or Capias ad satis- 
 faciendum, to apply by summary petition to the 
 Court in which the suit wherein such writ issued is 
 pending, or to any Judge thereof, lor release from 
 custody, on the ground that such defendant is a 
 priest or minister of some religious denomination, 
 or is of the age of seventy years or upwards, or is a 
 female, or that the cause of the action arose in a 
 foreign country, or does not amount to ten pounds of 
 lawful money of this Province ; and if it shall be 
 made to appear to the said Court or to any Judge 
 thereof, by satisfactory proof, that the application so 
 made is well founded, then such Court or Judge 
 shall forthwith order such defendant to be discharged 
 from imprisonment. 
 
 X. And be it enacted, That all the provisions of Act to apply to 
 this Act shall extend and apply to, and be held to Frson* Jnpn- 
 
 son &t the 
 
 extend and apply to, all persons who at the time of passing thero- 
 the passing of this Act or at any time thereafter, "^• 
 shall be in prison under and by virtue of any writ of 
 Capias ad respondendum or Capias ad satisfaciendum, 
 as well to those who have surrendered or may sur- 
 render themselves in discharge of their bail, or who 
 have been or may be surrendered in discharge of 
 their bail, as to others. 
 
 XI. And be it enacted. That nothing in this Act This Act not 
 contained, or by this Act requiied or permitted to ^^5"^^'"" 
 be done, shall have the effect of discharging any debt charging my 
 or debts due by any person or persons who shall be ''^^'' 
 proceeded against, or who shall take any proceed- 
 ings under the provisions of this Act ; but all such 
 
 debts shall continue in all respects unimpaired, 
 excepting only that the debtor shall not be liable to 
 
14 
 
 \ 
 
 Act not to 
 prevpnt the 
 putting in of 
 special bail : 
 
 Proviso. 
 
 Doubts M to 
 the form and 
 eflfnct of Bail 
 to the Sheriff 
 recited and re- 
 moved. 
 
 be arrested or imprisoned in relation to such debt or 
 debts, if expressly exempted from such liability by 
 the provisions of the present Act. 
 
 XII. And be it enacted, That nothing in this Act 
 contained shall prevent any person arrested under 
 any writ of Capias ad respondendum, from putting in 
 special bail to the action, as permitted by the laws 
 of Lower Canada now in force, excepting only that 
 such special bail shall not be received unless put in 
 on the return day or at any time before the return 
 day, or within the eight days next after the return 
 day ; Provided always, that it shall be in the power 
 of the Court, upon special application and sufficient 
 cause shewn, to extend the time for putting in such 
 special bail ; and it shall also be in the power of the 
 Court, upon special application and sufficient cause 
 shewn, to allow any defendant arrested, and who 
 shall have given bail for his appearance at the return 
 of the writ, to put in security that he will surrender 
 himself as provided by the third section of this Act, 
 even after the period in that behalf prescribed by the 
 said third section of this Act. ' ^" ' ' " 
 
 XIII. And whereas doubts have been and are 
 entertained, as to the form of the bail to be taken 
 by the Sheriffs for the appearance of defendants 
 arrested and holden to bail, and also as to the liability 
 of the Sheriff taking such bail towards the plaintiff 
 causing the defendant to be arrested, and it is neces- 
 sary to remove such doubts ; Be it therefore declared 
 and enacted, That any bail-bond heretofore taken by 
 any Sheriff for the appearance of any defendant 
 arrested and holden to bail, subject to the condition 
 that the defendant shall appear in Court on 
 the retv.rn day of the action, and surrender 
 himself, or be by his bail surrendered, inio 
 the custody of the Sheriff in discharge of his 
 bail, or in default thereof shall pay to the Sheriff 
 
 rov' 
 
 1 ■- - .■^:»i»i--<.^ - r. -is'v imnt\Mfl riiJ*»WS*i' 
 
 ya^^y^^i^i^^, '■ 
 
1;^,. 
 
 I 
 
 
 1 
 
 any sum of inoiiey mentioned in siicli bond, or sub- 
 ject to the condition that the defendant shull appear 
 in ('ourt on the return day of the action to answer 
 the phuntilVin a plea as contained in the declaration 
 to be annexed to the writ under which tlie defen- 
 dant shall so liave been arrested, or subject to tlie 
 condition that the defendant shall put in spetial bail, 
 or surrender himself or be surrendered by his bail 
 into the custody of the SherifT in disi^harge of his 
 bail, at or before any certain time or event, or in 
 detault thereof shall pay to the ShcriiT any sum of 
 money mentioned in the bond, — or subject to any 
 other condition, as to the appearance or surrender of 
 the defendant, or the giving of special bail or other 
 security at or before any time or event, shall not- 
 withstanding any supposed illegality or any inegu- 
 Inrity or insufficiency in the condition set forth in 
 such bond, be good and valid, if such bond be good 
 and valid in other respects ; and from and after the 
 passing of tliis Act, the bond to be taken by any 
 SherifT for the appearance of any defendant arrested 
 and holden to bail, shall and may be according to 
 the form contained in the Schedule No. 4 subjoined 
 to this Act ; and it is liereby declared and enacted 
 that no Sherifi'is or shall be lield liable, towards any 
 plaintiif at whose suit any defendant shall at any 
 time before the passing of this Act have been arrest- 
 ed and admitted to bail by such Sherirt^ or towards 
 any plaintill at wliose suit any delendant shall be 
 arrested and admitted to bail after the passing of 
 this Act, if the bail taken by such Sheriff were, at 
 the time they were taken as such bail, solvent or 
 reputed so to be, to the amount of the sum ibr which 
 the bond entered into by such bail vshall have been 
 given. 
 
 XIV. And be it enacted, That notTiing herein con- Act not!..-. 
 taincd shall prevent any Sheriff from assigning any r"^*^'^"^ '" 
 
16 
 
 siirnnient of 
 Bail-Botul. 
 
 Nof to prevput 
 
 ifintraintfi par 
 (01 pa. 
 
 Falsf swear- 
 ing to be per- 
 lury. 
 
 Act to ay 
 only to L. 
 Repeal of in- 
 conaiiiteiit 
 
 bail-bond by him to be taken under this Act, in tlie 
 manner that bail-bonds heretofore taken by any 
 SherKT have been assignable. 
 
 XV. Provided always, and be it enacted, That 
 nothing in this Act contained shall extend or be con- 
 strued to extend to exempt from arrest or imprison- 
 ment, any person who may be iadtbted as tutor, 
 curator, sequestrator depositary, sherill, coroner, 
 bailitr or other officer having charge of public moneys, 
 or who may be a caution judlciairti, or indebted for 
 the purchase money of any lands or tenements,' 
 goods or chattels, sold and atljiuiged under the au- 
 thority of justice by Jicitation, SherilFs sale dfcrH or 
 otherwise, or for the amount of any condemnation 
 money for damages arising out of personal wrongs 
 for which contruintti par corps may be now by law 
 awarded. 
 
 XVI. And be it enacted. That any person making 
 a false declaration under oalli in any of the matters 
 aforesaid, shall be gtiilty of ptrjury and subject to 
 punishment accordinjily. 
 
 XVII. And be it enacted, That this Act shall 
 apply only to Lower Canada, and that all Acts and 
 provisions of law repugnant to or inconsistent with 
 this Act or which make any provision in any matter 
 provided for by this Act other than such as is made 
 by this Act, shall be and aro hereby repealed. 
 
 

 ?• 
 
 w 
 
 -:m 
 
 17 
 C H E 1) I L E S . 
 
 SCIIKDllLE No. 1. 
 
 >^ ^' ' (deferred to in the foregoing Ad,) 
 
 Pi.'oviNCE OF Canada. 
 District (or Cincrrr,] 
 (iH tlw case may ht)") 
 W ^,. .^"■■-, ,.w^.. j 
 
 III the (here state the. Court in wkkh the action in 
 f/w.stion in pending.) 
 
 iXo, (here state the numher of the action.) 
 
 A. K, Plaintiir; 
 
 C. I)., Defendant. 
 Pi RLic NoTi' E is liereby given, in pursuance of the 
 provisions of the Act of the Parliament of Canada 
 passed in the year of Her Maicsty's Reign, 
 
 and intituled, " An Act, {here insert the title of thtit 
 Ait), that at the hour of in the 
 
 noon of .; . , tlio day of next 
 
 {or instant, as the case may be), or as soon after that 
 hour as liuiy he, at the Cdurt House of (07 , 
 
 an the mstJ tnay be,) at the Chambers of the Judge, 
 (.^nfjlcimtly dclcrihing the same), the said A.B., Plain- 
 tift" in this cause, will apply to {naming the Court, 
 and indlcnting whether the application is to he made to 
 such Court, or to a Judge thereof), for the appoint- 
 ment of a fit and proper person to be Curator to the 
 property, real and personal, of tlie said C. D., De- 
 fendant in this cause, who has made and fyled in the 
 ')tlice of the Frothonotary {or Clerk, as the case may 
 b) of the said Court, a statement under oath of the 
 suine, and also of his Creditors and their claims, 
 together with a declaration that he is willing to aban- 
 don his property for the benefit of his Creditors — 
 the whole as by the said Act required. 
 
 And all persons, creditors of the said C. D., are 
 herelw notified tlien and there to attend, to make to 
 - % 
 
 M 
 
18 
 
 tlie said Court (or Judge, ^w the, case. ina\j be) s-ucli 
 representation or statement in the prenuses ut> tliey 
 rnuy see fit to make. 
 
 Given at , tliis day of ,18 . 
 
 A, H,Plaintiir. 1 
 
 SCHEDULE No. 2. ' ;'^Ih'^' 
 
 ( Referred to in the forci^cing Jict.) ' ;'«" 
 
 Provinck of Canada,] V '••*''' ■ ^ 
 
 District (o/ Circuit, i 
 
 /Z.S the case may be) [ ^iJ-) 
 
 OF J 
 
 In tlie (here state the Court in mJiich. the actinn is 
 pending.) 
 
 No. (here state the nwnher of the action.) "'' ^ ". 
 
 A. B., Plaintiff: ■' ''yr\'- - 
 
 j,^^ . ■,".,vfv *>••■>, 
 
 C. D., Defendant. ' • ■^m''^.>) 
 
 E. F., Curator to tlie property and 
 effects of the said defendant. 
 Public Notice is hereby •;iven, in pursuance to the 
 provisions of the Act of the Parliameiit of Canada 
 passed in the year of Her Majesty's Reign, 
 
 and intituled, " An Act, {here insert the titkof tfm 
 Act,) that on the day of instant (or 
 
 last past, an the ca^e may be,) the said E. F., of (state 
 here the address and calling of the Curator,) was, by 
 order of (describe here the Court or Judge m question,) 
 appointed to he Curator to the property and effects, 
 of every kind, real and personal, of the said C. D., 
 Defendant in this cause, abandoned by the said C, 
 D, for the benefit of his Creditors — the whole as ly 
 the said Act provided. 
 
 And all persons, Creditors or Debtors of the said 
 C, D., are hereby notilied and required to govern 
 themselves m the premises accordingly. 
 
ll> 
 
 
 Given at 
 
 , lliifl 
 
 day of 
 
 18 
 
 E, F., Curator 
 
 (Or A If, VlaiiUill, or C. D., DelendaiU, as t/ie case 
 ma (J ht.) 
 
 SCHEDULE No. 3. 
 
 { fill err >>,d to in iho foregoing Aci.) 
 
 To C. I), (jf {^'fatc hiira flip mMrcHs mid calUnif of the 
 pmti/,) Dt'li'iulant in lliu cause ulKM-eiu the 
 Jud)j:«iie)!l, an authentic co])y whereof is heri'utJto 
 prefixed, has been rendered. 
 
 Tak*; Nojmjk thai the undersigned, A. I)., IManitiiT 
 in tlie said cause, hereby demands of you, under and 
 bv virtue of the section of the Act of llic Tar- 
 
 lianient of (.anada, passed in tlie year ot ller 
 
 Majesty's Keign,, and uitituled, " An Act, {/lere insert 
 the title 'f 'Jik Act) — a copy of which section is here- 
 unto subjoined for your further information in the 
 premises — tliat, within thirty days from the persona! 
 hevico to he made upon you of the fbreojoin,^ certified 
 copy ol the si' id Judgment, together with tliis Notice, 
 you do make ami fyh; «he statement in the said sec- 
 lion prescribed, in llie manner and under the penal- 
 lies therein set forth. 
 
 ^. Jpone Mt 
 
 , this 
 
 day of IS . 
 
 A. B„ Pkintiff 
 
 (^herc insert a copy of the said section offJils Act). 
 
 
 !/■'' ) 
 
 s(;hi:dui.e No. i 
 
 {liifcrrcd to in the foregoing uict.) 
 
 Know all men by these presents, tliat we, {name 
 h£re the Ikkndant and his bad.) are held and firndy 
 bound to {name here the Sheriff]) SherifTof 
 I , in the Province of Canada, in the sum 
 
 of {slat here the amount sirorji to and endorsed on 
 the lint, with twenty- five per centum, added for interest 
 and. costs,) currency, to be j'aid to tfiesaid Sheriff, or 
 his certain attorney, executors, administrators or 
 
 i- 
 
20 
 
 
 assignn ; for which payment, to ho \TfIl and liiithftiflT 
 made, we bind ouraelveN, and each of uh by himMif 
 for (he whole and i»very port tliercof, an«|) tb^ lie|rf,» 
 executurH, and adnsiniittratorN of um, and every ^ laf.^ 
 firmly by tliefle presents, sealed with our seali, #na 
 dated this day of , in the year of 
 
 Our SovereijBfn Lady Victoria, by the Grace of God of 
 the United Kingdom of Great Britain aitd IreUii4 
 Queen, Defendei^^f the Faith, and in theycat oi Oiif 
 Lord one thousand eight hundred and * 
 
 Whereas the above bounden {name hefe^tho Ikfen* 
 dant) has been by the said Sherift' arreHted under 
 and by virtue of a certain Writ sued out of ^nainm 
 here the Court out of which such Writ nUHif have hem 
 sued,) at the instance of {name here tht iHmmiJf,) and 
 to tlie said Sheriff in due course of law delivered} ^' 
 
 The condition of this oblig;ation is such that if th^ 
 said {luum here the Dcjendunt) do on {state here the 
 return day of the Wtit,) or at any time prihriduaflr 
 thereto, or within eighf>daYs thereafte^t; liv^ g<^ 
 and suffici< it security to the satisfactibn Of X^ftnue^ 
 here the Court into tchich the Writ may be fi^lurfiiable^, 
 or of any one of the Judges of the said Gok- , that 
 he, the said {namehere the Ikfendant^ wilt '^urhshd^f 
 himself into the custody of the said SlieilfrWlitfrtetlsr 
 required so to do by any order of the said (^urt, tyt, 
 of any Judge thereof, made as by law provided, ot in 
 default thereof, will pay to the said {name hue the 
 Plaintiff) the debt for which he, the said (^mme fiere 
 ikfenclant,) has b' *n arrested as aforesaid^ vfiA 
 interest and costs ; or do on {state here the t^lUm 
 day of the Wnt,) or at any time previoin^y ther^Oi 
 or within eight days thereafter, put in speci T' baiL 
 as by law provided, to the action wherein the said 
 Writ has been sued out as aforesaid, then ttiis obl^' 
 gation shall be void and of no force, but otberwis^ 
 shall stand in full force- vgor and effect. [ 
 
 Sighed, sealed and deii70»i?d in.prefteoetf of 
 
 MONTREAL : Printed by S.^s;«iaj«mtt, A Q. DKfSABAt*, 1 
 tu the doeen'r Viosf. IlKoflHeat MajMy. 
 
 'i-''} ' 
 
% 
 
 ri,} 
 
 W 1 
 
 „)F 
 
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