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39. The Supreme Court is hereby empowered and required to make and ordain a Table of Fees to be taken in respect of the matters required to be done under the provisions hereof, or under any of the general rules that may be made by the Court as before provided, and from time to time to amend or rescind such Table of Fees and make others in lieu thereof; and such Table of Fees shall be applicable as well to any proceedings under this Chapter had before as to those had after the promulgation of such Table of Fees.
Know all men by these presents, that we, jointly and severally bound unto Sheriff of in the sum of [double the amount sworn to) to be paid to the said Sheriff. Sealed and dated this day of A. D. 18 The condition of the above obligation is, that if the said
do enter into special bail in an action brought against him in the Supreme Court by according to the practice of the Court, conditioned that the Judgment shall be satisfied, or that the defendant shall not go out of or be absent from the Province after judgment in the said action and within six months thereafter, without leave of the Court or a Judge thereof, then this obligation to be void, otherwise to be in force. Signed, sealed and delivered
in presence of
Form of Bond in the County Court.
Know all men, &c.—The condition of the above obligation is, that if in an action brought in the County Court by A. B. against the said C. D., the judgment recovered be satisfied, or the defendant do not go out of or be absent from the Province, after judgment in the said action und within six months thereafter, without leave of the Judge of the said Court, then this obligation to be roid, otherwise to be in force.
Signed, sealed, &c.
(B) VICTORIA, &c.—To the Sheriff of Greeting :
We command you, that of the goods and chattels, lands and tenements of C. D. within your bailiwick, you cause to be levied and made the sum of $ , which the said C. D. was ordered to pay to A. B. ; and such money have ready to be paid to the said A. B. on the return day), at which day also make return of this our writ. Witness, &c.
Indorsed. Levy as within directed for $ poundage and other expenses.
, besides Sherift 's
Upon hearing, &c. I do order that A. B. be, for default in payment of the debt hereinafter mentioned, committed to prison (with or without) privilege of bail or limits, for the term of (twelve months from the date of his arrest, including the day of such date, or until he shall pay $ , being the amount of a judgment of the
Court), (or order made by) bearing date the day of
(together with $
for costs of this order), and Sheriff's fees for the execution hereof, which the said A. B. is hereby commanded to pay forthwith: And I do order that the Sheriff
County do take the said A. B. for the purpose aforesaid, if he shall be found within his bailiwick.
GAOL LIMITS. Section.
Section. 1 Limit Bond, when given; forin of. 4 Bond given to Sheriff' if required. 2 Exception.
5 Render. 3 When Sheriff liable for an escape.
1. 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 fo!lowing form, or to the like effect :-
We (here insert the names and additions of the obligors) are jointly and severally bound unto , Sheriff of in the sum of , to be paid to the said Sheriff. -Sealed · and dated this 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. Signed, Sealed and delivered
in presence of For which bond the Sheriff shall receive one doilar and no more; and the Sheriff or his Deputy, at the request of the plaintiff or his attorney, shall assign the same to the plaintiff in the action 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 the same shall have the effect of a defeasance to the bond.
2. The prorisions of the preceding Section shall extend to all cases of imprisonment for non-payment of a sum of money, except when the same is payable to the Queen's Majesty, Her Heirs or Successors, or where the same is payable by way of fine or penalty upon summary conviction, or where the imprisonment is for non-payment of rates or taxes, or where by the law authorizing the imprisonment the party is precluded from the benefit of gaol limits.
3. No Sheriff or Gaoler shall be liable to an action for escape where liberty of the limits is granted under the provisions of this Chapter, unless the person to whom such liberty is granted go beyond the limits. .
4. Should the Sheriff, or his successor, require a new bond from any person on the limits, the same shall be given by such person as if he were in actual custody, and on neglect, such Sheriff or his successor,may commit such person to gaol.
5. Any person having the liberty of the limits may render himself or be rendered by his surety to prison in discharge of the Limit Bond.
der arrest through a County such person as in other cases. othe:: than the one in which the 3 May recapture on escape. arrest is made. 1. Whenever any Sheriff, Deputy Sheriff, constable or other officer shall lawfully arrest any person by virtue of any warrant, process, or other lawful authority, and in executing such warrant, process or authority according to the exigen. cies thereof, the person arrested may, in the opinion of the Sheriff, Deputy Sheriff, constable or other officer making such arrest, be more conveniently conveyed through any other County than that in which he is arrested, such Sheriff, Deputy Sheriff, constable or other officer may convey such person through such other County, and hold, retain and keep such person in his custody while passing over and through such other County in like manner and to the same extent as if such person was being lawfully conveyed through the County in which he was arrested.
2. The Sheriff, Deputy Sheriff, constable or other officer conveying any person through such other Countyas provided in the preceding Section,shall,while conveying him through such other County, be chargeable with the custody of the person arrested, and liable for an escape of such person to the same extent and in like mavner as if he were conveying him through the County in which he was arrested.
3. Ifany person lawfully arrested escapes while being conveyed through such other County,the Sheriff, Deputy Sheriff, constable or other officer shall have the power of recapture, with the like effect and to the same extent as if such escape had taken place in the County where the arrest was made.
HABEAS CORPUS. Section.
Writ of Habeas Corpus. Pro o f writ.
5 Return thereto.
7 Keeper shall inform prisoner of Section.
Section. 8 All persons to obey Judge's order, order alone. Proceedings where 9 Any Judge may proceed after more than one charge. return.
11 Civil remedy of prisoner saved. 10 A prisoner can be discharged in 1? Interpretation of Terms.
regard to inatter mentioned in Schedule,
1. If the person to whom any Writ of Habeas Corpus is directed, shall, upon personal service thereof, or leaving it at the place where the party is confined with the serrant or agent of the person so confining, disobey the same, he shall be guilty of contempt, and the Judge before whom the writ is returnable may, upon proof thereof by affidavit, issue a warrant to apprehend and bring such person before him, or some other Judge, that he may enterinto recognizance with two sureties, to appear at the next term to answer the contempt, and in case of refusal to become bound, to commit such person to gaol, there to remain until discharged by the Court or a Judge, and the recognizance shall be filed and continue in force until the Court shall make an order there. in; but if the writ shall be awarded so late in vacation that in the opinion of the Judge, it cannot then be executed, it may be returnable on some day in term, and in case of disobedience thereto, the Court shall proceed in the same man. ner as if the writ had been awarded by the Court; if it be awarded late in the term, it may be made returnable on a day certain in vacation before any Judge of the Court, who shall proceed thereon in all respects as for writs issuing and returnable in vacation.
2. If the retnrn of the Writ of Habeas Corpus is sufficient in law, the Judge before whom it is returnable may proceed to esamine into the truth of the facts set forth therein, and into the cause of such confinement, by affidavit, and may do therein as to justice shall appertain. If the writ shall be returned before a Judge, and it appears doubtful whether the material facts set forth in the return are true, he may admit the confined person to bail to appear in the Supreme Court upon a certain day in term, which shall continue in force until the Court shall make an order therein; and the Judge shall transmit to the Court the written return, recognizance, and affidarit, and the Court shall proceed in a summary way, by affidavit, to examine into the facts stated in the return, or shall direct an issue for the trial thereof, and shall deal with