and seventy four, bail to the action had been given in any action in which the defendant cannot be imprisoned on making default in satisfying the judgment recovered against him in the action, the condition of such bail, instead of being that the judgment shall be satisfied or the defendant rendered to gaol, shall be deemed to be that the judgment shall be satisfied, or that the defendant shall not go out of or be absent from the Province without leave of the Court or Judge after judgment and within six months thereafter. Such leave may be given after notice of application therefor given to the creditor or his attorney, and may be subject to any condition which the Court or a Judge may impose; and in proceedings against bail the onus of proving that the debtor had not gone or been out of the Province contrary to the condition of the bond shall be upon the bail.

4. When a defendant is arrested on mesne process, and is not admitted to bail, or is rendered by his bail, he shall be held in custody for seven days after judgment recovered; but he may, for unnecessary delay on the part of the plaintiff in proceeding with the action, be sooner discharged by order of the Court or a Judge after hearing the parties.

5. On the arrest of any debtor he may deposit with the Sheriff the amount for which he is held to bail, together with forty dollars for costs where the action is in the Supreme Court, and twenty dollars where the action is in the County Court, which money shall remain in the hands of the Sheriff to meet the claim of the plaintiff after judgment, or on failure of the plaintiff to recover judgment shall be returned to the defendant, or he may give bail in the Bond (A) in the Schedule hereto, with two sureties, or on failure thereof may be imprisoned; provided that in either of the last mentioned events, he may give notice of his intention to apply for examination to a County Court Judge, or to the Clerk of the Peace for the County in which he may be arrested, for the purpose of disclosing the actual state of his affairs. In the event of the debtor depositing with the Sheriff the amount for which he is held to bail, and costs, as herein provided, and judgment being recovered against the debtor, the Sheriff shall, on order of the Court or a Judge thereof, or with the consent of the defendant or his attorney, pay the same into the hands of the plaintiff's attorney; and in case of dis

obedience to such order of a Court, or a Judge thereof, the Sheriff shall be liable to an attachment, to be sued out according to the practice of the Court. In the event of the debtor giving the Bond (A) herein provided for, the Sheriff or his deputy shall, at the request of the plaintiff or his attorney, assign the same to the plaintiff by endorsement under his hand and seal. The plaintiff may, if the bond be forfeited, bring an action thereon in his own name. The Court where the action is brought may give such relief to the parties as is agreeable to justice, and in accordance with the practice of the Court in actions brought on bail bonds.

6. The notice mentioned in the fifth Section shall be in writing, and shall state before whom the examination will be held, and the time and place thereof, and shall be served on the plaintiff, or one of them if more than one, his agent, or the attorney who issued the process; and such notice shall be served not less than forty eight hours before the time for making such disclosure if the parties served live within ten miles from the place of examination, and the notice shall be one day additional for every twenty miles travel over the first named distance, exclusive of Sundays.

7. If the debtor at the appointed time and place makes a disclosure upon oath to the County Court Judge or Clerk of the Peace, as the case may be, of the actual state of his affairs, and of all his property, rights, and credits, answers all proper interrogatories in regard to the same, and signs to the truth of his disclosures and answers, the said Judge or Clerk may hear any other proper evidence offered on either side, and if satisfied that the disclosure is a full one, and that the defendant has not transferred any property intending to defraud the plaintiff, or since his arrest given any preference to any other creditor, may by order discharge the debtor from arrest and imprisonment; and if not so satisfied he shall, unless the debtor has already given or then give the Bond (A), by order remand such debtor into the custody of the gaoler or other officer, as the case may be; provided that if upon the examination it appears that the defendant has property without the Province, and has not sufficient property within the Province to satisfy the plaintiff's claim and costs, the defendant shall not be entitled to a discharge under this Section, but shall be remanded as aforesaid.

8. Any discharge granted under the preceding Section shall operate as a release of the Bond (A), which shall thereupon be cancelled, but the plaintiff may proceed in the action as if it had been commenced by non-bailable process, or in case it has been so commenced may proceed as though no subsequent arrest had been made.

9. If the debtor be in actual custody, the County Court Judge or Clerk of the Peace shall make an order in writing directing the Sheriff or Gaoler to bring the debtor before him at the time and place named therein, for the purpose of making a disclosure of the state of his affairs, and such order shall be a protection to any Sheriff or Gaoler acting in accordance therewith.

10. The Judge or Clerk of the Peace may adjourn the examination from time to time for good cause, and if the debtor be in actual custody may verbally remand him to gaol.

11. All attachable property disclosed by the examination. or so much thereof as the creditor may designate, with the approval of the Judge or Clerk of the Peace aforesaid, shall by order of the Judge or Clerk of the Peace as aforesaid, be held as attached from the time of the disclosure, and the Sheriff shall return such order with the writ, or if the writ be already returned he shall file such order with the writ, and if real estate be disclosed a memorandum filed in the Office of the Registrar of Deeds for the County in which the land is situate, as on a writ of attachment, shall have a like effect; and the Sheriff shall, as regards any personal property so disclosed, take and hold it as in cases of a writ of attachment.

12. The said attachable property so disclosed shall be dealt with under the said order of the Judge or Clerk of the Peace, in all respects the same as if it had been attached under a writ of attachment.

13. If the debtor be remanded by the Judge or Clerk of the Peace as stated in the seventh Section of this Chapter, he may seek the benefit of any Act for the relief of Insolvent Debtors, or he may give bail in the Bond (A).

ARREST AND IMPRISONMENT IN JUSTICES' COURTS. 14. In actions in the City Court of Saint John, and in Justices' Civil Courts, arrest and imprisonment shall be had and allowed as provided by the several Chapters relating to said

Courts, and all the proceedings thereon shall be taken as therein provided; in actions in the Town of Portland Civil Court, in the City of Fredericton Civil Court, in Civil Courts held by Police or Stipendiary Magistrates, and in Parish Courts, arrest and imprisonment, whether upon capias or execution, shall be had and allowed to the amounts for which such Courts respectively have jurisdiction, in the same manner and for the like causes of action as arrest and imprisonment are had and allowed in Justices Civil Courts, and the proceedings thereon and in connection therewith shall be the same, as near as may be, as in like proceedings in Justices Civil Courts.

15. After judgment in any action brought in any of the Courts in the last Section mentioned, the defendant, if in custody, may, on forty eight hours notice of the time and place of examination to the plaintiff, or to one of the plaintiffs if more than one, if he or they reside in the Province, or upon any known agent or attorney in the Province, otherwise without such notice, be examined on oath before a Judge of the County Court, or the Clerk of the Peace of the County in which the defendant may be in custody, and if such Judge or Clerk of the Peace is satisfied on such examination, and on hearing any evidence that may be adduced on either side, that the defendant has made a full disclosure of the state of his affairs and of all his property, rights, and credits, and that the defendant has not transferred any property intending to defraud the plaintiff, or since his arrest given any preference to any other creditor, and that he has no property other than property libable to be taken in execution out of the Court in which he was arrested, he may by order discharge the defendant from arrest and imprisonment in that suit, and if not so satisfied he shall refuse to make any order for discharge, and if necessary may remand such debtor into the custody of the gaoler or other officer, as the case requires, and the provisions of the ninth and tenth Sections shall be applicable to an examination under this Section. If the application for examination under the provisions of this Section is made after the return day mentioned in the capias upon which the defendant may be in custody, it shall be presumed that judgment has been signed in the cause, unless the plaintiff shall produce proof to the contrary.

16. On any judgment heretofore or hereafter to be obtained in any of the Courts in the fourteenth Section mentioned, the defendant may be arrested on execution (unless he has previously been arrested on execution and discharged), and in such case he may be examined in like manner as is set forth in the fifteenth Section, and be discharged or remanded accordingly.

17. Any discharge granted under the fifteenth and sixteenth Sections shall not amount to satisfaction of the judgment, or affect the right of the plaintiff thereafter to levy upon the property of the defendant either under the same execution, if the defendant be in custody under execution at the time of his discharge, and the time for levying has not expired, or the plaintiff may at any time after such discharge issue execution against the property of the defendant. GENERAL PROVISIONS.

18. No defendant discharged by the Judge of the County Court or the Clerk of the Peace from arrest under mesne process, under any of the Sections of this Chapter, shall be again arrested in such suit.

19. Where on any examination under this Chapter, for the purpose of disclosure, it is made to appear that the defendant has in his possession, or under his control, money, Bank or Dominion notes, or other currency, liable to be attached, and that such defendant has it in his power to deliver the same over for the purpose of satisfying the plaintiff's demand, but refuses so to do, the Judge of the County Court or Clerk of the Peace shall not discharge the defendant, but by order remand him to gaol, there to remain until the defendant does deliver over the said money, Bank or Dominion notes, or other currency, for the purpose aforesaid, or be otherwise legally discharged, and in the event of the defendant being so remanded, he shall not be entitled to the privilege of the gaol limits.

20. Any person who has heretofore obtained or who may hereafter obtain a judgment in the Supreme Court or in any County Court of this Province, may apply to a Judge of the County Court, Clerk of the Peace, or Commissioner, as aforesaid, for an order that the judgment debtor shall be orally examined on oath before such Judge of the County Court, Clerk of the Peace, or Commissioner, as aforesaid, as to any.