took or detained the said goods and chattels, and you the said C. D., or such other person, take notice that in default of your so appearing, the said A. B. may proceed therein to judgment and execution.-Witness, &c. &c. [as in other writs.] N. B. This Writ to be served in two months from the date thereof, inclusive, and not afterwards. No. 2.-(Vide Section 202.) Replevin Bond. We [names and additions of plaintiff and his sureties], are jointly and severally bound unto the sum of to be paid to the said dated this Esquire, Sheriff of , in ,double the value of goods replevied], lawful money, day of The condition of the above is, if the said [plaintiff ] do prosecute his suit with effect and without delay against C. D. for taking or detaining his goods and chattels, to-wit: and do return the same, if a return shall be adjudged, and do pay all such damages and costs as may be awarded to the said [defendant], or that he may sustain by reason of the said replevin, or the proceedings thereon, then this obligation to be void, otherwise to be of force. I claim an absolute (or special) property in the goods seized by you under writ of replevin issued by [the plaintiff] against me (or, as the case may be).--Dated this To the Sheriff of day of A. D. 18. No. 5.--(Vide Section 203.) Writ de Proprietate Probanda. County. L. M. You are commanded to summon (seven) lawful men of your bailiwick to enquire whether the goods and chattels, to wit: taken by you under a writ of replevin issued by A. B., Plaintiff, against C. D. defendant, are the goods and chattels of the claimant, or of the said A. B.; and if they determine that the same belong to A. B. you will deliver the same to him, otherwise deliver them to the claim ant or person entitled, and make return hereof, and of the inquisition of such jury, on the [day of return.] Witness, &c. lawful men of the and not in the said virtue of the writ annexed, upon the oath of said County, who say that the property in the said goods and chattels in the said writ named is in the said -Sealed and dated the day and year aforesaid. No. 7.-(Vide Section 205.) Form of Postea on a verdict for Defendant on a plea of non cepit. Afterwards, &c. [as in the usual form] upon their oaths say that the said defendant did take and detain the goods and chattels mentioned in the declaration, as a distress for rent due for certain premises held by the plaintiff under a demise at a certain rent; and that there was due to the defendant for such rent at the time of the distress, and still is due, the sum of , and they assess the damages of the defendant for the said rent, and the costs and charges of making the distress, at the sum of besides his costs of suit, &c. If the bailiff of the landlord, or any one acting in aid of the lana. lord, be made a defendant, the postea may be varied, as follows:] "And that there was due to the defendant C. D. [the landlord] for such rent, &c. [as above] and that the defendant E. F. was at the time of making the said distress, the bailiff of the said C. D. (or "that the said E. F. was present aiding and assisting the said C. D. in making the said distress)," &c. No. 8.-(Vide Section 205.) Form of Judgment on Postea, No. 7. [Proceed in the usual form to the end of the Postea-then thus:] Therefore it is considered that the said A. B. take nothing by this said writ, and that the said E. F. do go thereof without day, &c. And it is further considered that the said E. F. do recover against the said A. B. the said sum of by the jurors aforesaid assessed, and also for his costs and charges by him about his defence in this behalf expended, by the Court here adjudged to the said E. F., which said damages and costs in the whole amount to that the said E. F. have execution thereof, &c. and No. 9.-(Vide Section 206.) Form of Entry of Verdict on Postea, when damages are awarded to the Defendants. [Commence in the usual form] say upon their oaths that they find for the defendant, and assess the damages of the said defendant to pursuant to law, besides his costs and charges, &c. [as in the usual form]. No, 10.-(Vide Section 206.) Form of Judgment on Postea No. 9. Therefore it is considered that the said defendant do have a return of his said goods and chattels, and that he do recover against the said plaintiff his said damages by the jurors assessed, and also for his costs and charges by the Court adjudged of increase to the defen dant according to law, and that he have execution thereof. No. 11.-(Vide Section 206.) Form of Postea when the value of the goods is assessed by Jury. [Commence as in the first form above] and at the request of the said defendant they further say, that the said goods and chattels when replevied were worth which they award to the said defendant in damages according to law, and they assess the defendant's other damages by reason of the premises to , pursuant to law, besides his costs and charges, &c. [as in the usual form]. No. 12. (Vide Section 206.) Form of Judgment on Postea No. 11. Therefore it is considered that the said defendant do recover against the said plaintiff the said sum of said by the jury assessed and also the value of the goods afore. for his said costs by the Court adjudged of increase to the said defendant, and the said damages and costs amount to execution thereof. [L.S.] and that the said defendant have No. 13. (Vide Section 206.) Writ of Fieri Facias on Judgment for Defendant. VICTORIA, by the Grace of GOD, &c. We command you that of the goods and chattels (lands and tenements) of A. B. in your bailiwick, you cause to be levied and made which lately in our Supreme Court (or County Court for the County of were awarded to C. D. in an action of replevin lately prosecuted against him by the said A. B. in our said Court,* as well for unlawfully taking the goods and chattels of the said C. D. as for the costs of defence of the said action, whereof the said A. B. is convicted; and have that money before us, (or before our Judge of the County Court for the County of be,) on ,) at Frederiction (or as the case may [a return day in Term], to be rendered to the said C. D.; and in what manner you shall have executed this our writ make appear at the return hereof, and have you there then this writ.Witness, &c. &c. [If the goods have not been restored to the defendant, and the value of them is awarded in damages, proceed as above to the asterisk—then thus]-as well for the value of certain goods and chattels of the said C. D. unlawfully taken by the said A. B., and for the said unlawful taking, as for the costs of defence of his said action, whereof, &c. If the goods replevied have been taken as a distress for rent, the form of the execution may be varied to suit the circumstances.] CHAPTER 38. ARREST, IMPRISONMENT AND EXAMINATION OF DEBTORS. Section. 1 Arrest, when allowed. 2 Arrest after action commenced 3 Conditions of bail bond. Section. 21 Witnesses. 22 Punishable by attachment for nonattendance. 4 Defendant held in custody seven 23 Attachment may be set aside. days after judgment. Delay in 24 Commissioners for examination proceeding. 5 Deposit, Bond, Examination; Action on Bond; Relief. 6 Notice by debtor of examination. 7 When debtor may be discharged from custody. 8 Discharge cancels Bond, but suit may be continued. 9 Order to bring up debtor in actual 10 Adjournment of examination. 12 How dealt with. 13 Relief of debtor remanded. Justices' Courts. 14 Arrest and imprisonment in Jus- 15 Debtor may be examined. General Provisions. of debtors. 25 Concurrent jurisdiction of Recor. der and Common Clerk of Saint John. Attachment on Judge's Order. 26 Attachment for money ordered to be paid by Court or Judge. Person entitled to attachment may issue Fi. Fa. without 27 demand. Arrest and imprisonment after judgment. 28 Not allowed except in certain cases. 29 & 32 When allowed. 30 One year the limit of imprison ment. 31 What Courts may exercise this power. 33 & 34 Proceedings for order of im. prisonment. 35 Effect of order. 36 18 Debtor not to be arrested twice. Shall not operate as a discharge of debt. Forms. 38 Costs. 20 Plaintiff may examine debtor after 39 Table of fees and general rules. judgment. Schedule. ARREST IN THE SUPREME COURT AND COUNTY COURTS. 1. Any person not having privilege, as hereinafter men. tioned, may be arrested and held to bail or committed to prison on mesne process, in any cause of action within the jurisdiction of the Supreme Court or any County Court, if an affidavit be first made by the plaintiff, or his agent, of the plaintiff's cause of action, and that the amount thereof, being not less than twenty dollars, is justly due to the plaintiff, and that such arrest is not made for the purpose of vexing or harassing the debtor; provided always, that when the cause of action is other than a debt certain, a writ of capias may be issued to arrest a defendant upon obtaining a Judge's order for that purpose in such cases, and in such manner as has heretofore been the practice; provided also that nothing herein contained shall subject any person to arrest who by reason of any privilege may now by law be exempt therefrom: Such affidavit may be made before a Judge of the Court, or before any Commissioner appointed to take affidavits to be read in the Supreme Court; and in cases where the affidavit shall be made outside of the Province, then before any Judge or officer or other person who may be authorized to take affidavits for use in this Province, in the country or place in which such affidavit is made; and the sum or sums specified in such affidavit or order, as the case may be, shall be indorsed on such writ, for which sum or sums so indorsed the Sheriff or other officer executing the writ shall take bail, and for no more. 2. The plaintiff after the commencement of an action by writ of summons, but before judgment in such action, upon making and filing an affidavit of debt conformably to the last preceding Section and the practice of the Court in bailable actions, with an allegation therein that he has good reason to believe, and does believe, that the defendant is immediately about to leave the Province, or on obtaining a Judge's order for that purpose (in cases where by the practice of the Court a Judge's order to hold to bail is necessary), may sue out a writ of capias and one or more concurrent writs, and renew such writs by alias or pluries, according to the practice of the Court. 3. The condition of bail to the action shall be that the judgment shall be satisfied, or that the defendant shall not go out of or be absent from the Province after judgment, and within six months thereafter, without leave of the Court or Judge, and where, on or before the first day of October in the year of our Lord one thousand eight hundred |