Fraudulent or

defendants

VI. And be it enacted, that if such defendant or defendants, upon examination upon oath, either upon interrogatories or viva voce, in open Court or before a Commissioner of the Court in which the suit shall be pending, or upon the examination contumacious in like manner of any witness or witnesses for either party, shall appear to the may be comsaid Court to have acted fraudulently, either in the manner of contracting the en- mitted to Gaol. gagement upon which the recovery shall have been had, or in evading the satisfaction thereof, or if, in causes arising ex delicto, the defendant shall neglect to pay the damages and costs recovered in any such action; or if such defendant or defendants shall refuse to make a full discovery of all his or their lands, tenements, goods, chattels, credits and other effects, (and to assign to the plaintiff or plaintiffs the whole or such part thereof as the said Court shall direct, in or towards the satisfaction of the judgment obtained in the said suit,) then, and in either of the said cases, it shall and may be lawful for the said Court to commit such defendant or defendants to the Common Gaol of any District, until he or they shall comply with the order of the said Court, or finally for such period not exceeding one year, as the said Court shall think reasonable in punishment of the fraudulent conduct of which they shall adjudge such defendant or defendants to have been guilty, or in punishment of the tort for which damages shall have been awarded, if they shall deem it proper so to do: Provided always, that such commitment shall not operate as a discharge of the said judgment, but the same shall continue in force in like manner as if the defendant or defendants had not been committed: And provided also, that it shall and may be lawful for the Court wherein any such recognizance of bail shall have been entered in term time, or for a Judge thereof in vacation, after any defendant or defendants shall have submitted to any such examination as aforesaid, or in case no such examination shall be had within two terms after judgment shall have been signed in any such cause, then upon hearing the parties, to order in their discretion an exoneretur, to be entered upon such Bailpiece.

VII. And be it enacted, that should any person have been or hereafter be committed to prison upon any attachment or other process issued by any Court of Law or Equity in Upper Canada for a contempt or otherwise in not paying costs, or any other sum of money directed or decreed to be paid by such Courts, respectively, it shall and may be lawful for such person to give notice to the party at whose instance such attachment or other process shall have issued, that application for his discharge will be made to the Court or a Judge thereof, whence such attachment or other process shall have issued, whereupon it shall be lawful for the party at whose instance he shall have been committed as aforesaid, within ten days after the service of such notice to exhibit Interrogatories to such person so applying for his discharge, or to any witness or witnesses, in like manner as if such party were committed in execution on a judgment as aforesaid.

И н

Such commit

ment not

discharge

judgment.

to

Procedure on application for

discharge from

such imprison

ment.

ries.

Interrogato

Arrest for

abolished.

VIII. And be it enacted, that upon such interrogatories being answered, it shall be lawful for such Court or Judge to make such order thereon as if such party had been charged in execution upon a judgment as aforesaid: Provided always, that no such order of such Court or Judge so to be made as aforesaid, shall discharge the party so in custody on such attachment or other process, from the payment of the sum which such party had been directed to pay as aforesaid; but that the same shall be levied and collected by such process against the lands, tenements, goods, chattels, moneys, rights and credits, as the Superior Courts of Law and Equity shall prescribe in that behalf.

IX. And be it enacted, that no person shall hereafter be arrested or held to costs of suit bail on any process of attachment for contempt for the non-payment of costs merely, which shall or may be ordered to be paid in the progress of any suit either at Law or in Equity, but that in lieu of any such process, it shall be lawful for Her Majesty's Superior Courts of Law and Equity, to prepare and adapt to the circumstances of the case, such a form of execution, attachment, warrant of distress or other process, against the lands and tenements, goods, chattels, money, debts, credits and effects of any person so ordered to pay such costs, as to such Courts shall seem meet.

Upper Cana

X. And be it enacted, that this Act shall be deemed and taken to apply to da Act only. Upper Canada only.

CAP XXXII.

Preamble.

An Act to fix the period for holding the Courts of General Quarter Sessions of the Peace, and District Courts in that part of the Province formerly Upper Canada.

WH

[9th December, 1843.]

THEREAS it is expedient to alter the periods of holding the several Courts of General Quarter Sessions of the Peace, and District Courts in and for the several Districts of that part of this Province called Upper Canada, and for rendering the periods uniform; 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 Act 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 first day of January next, the Courts of General Quarter Sessions of the Peace, in and for the several Districts of that part of this Province called Upper Canada, be and are hereby directed to be held on the first Tuesdays in the months of January, April and July, and on the third Tuesday in the month of November, in each and every year, respectively; any law, usage or custom to the contrary thereof in any wise notwithstanding.

II. And whereas, from the alteration of the periods for holding the several Courts of General Quarter Sessions of the Peace as aforesaid, the several periods for holding the District Courts in and for the Districts of that part of this Province heretofore Upper Canada, will, under the provisions of the Law, be changed: And whereas writs and processes may have been or may yet issue returnable on a day on which no such District Court under the provisions of this Act will be held, for remedy whereof: Be it enacted, that any writ or process, which hath been or shall be issued, before the first day of January next, from any District Court in that part of the Province heretofore called: Upper Canada, and the return day mentioned in any such writ or process be deemed and taken to be as valid and effectual in law to all intents and purposes, as if this Act had not been passed; and every such writ or process (being a mesne process) shall be taken and considered to be returnable, on the third day of the Term next ensuing the first day of January next, although another and different return day may be stated, in such writ or process which hath been or shall be issued as aforesaid.

CA P. XXXIII.

An Act to render more summary the means of enforcing the returns of process by Sheriffs and Coroners, in that part of this Province called Upper Canada.

W

[9th December, 1843.]

HEREAS it is expedient to facilitate and render more summary the means of enforcing the returns of process by Sheriffs and Coroners in that part of this Province called Upper Canada; 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 Act to re-unite the Provinces of Upper and Lower Canada, and for the Govern

ment

Preamble,

When a Sheriff or Coroner shall neglect to

return process,

any Judge of

the Court may

issue a sum

mons calling

on him to shew

cause why a

writ of attach

ment should

not issue a

gainst him.

Proceedings on such summons.

'On failure of

Coroner to

ment of Canada, and it is hereby enacted by the authority of the same, that when any Sheriff or Coroner shall, at any time after the passing of this Act, fail to return any writ to him directed and delivered for execution, which shall have been issued out of Her Majesty's Court of Queen's Bench, or any of the District Courts, within the time when he shall be ordered to return the same by any rule or order of the Court out of which such writ shall have been issued, then, and in every such case it shall and may be lawful to and for a Judge of such Court to grant to the Plaintiff or Plaintiffs, Defendant or Defendants, in the cause in which such writ shall have been issued, a Summons calling upon such Sheriff or Coroner to shew cause why a writ of attachment should not be issued against him; and that the same or any other Judge of the said Court shall have power at the return of such summons, to discharge the said summons, or order a writ of attachment to be issued against such Sheriff or Coroner, or to limit a further period after which such writ of attachment shall be issued unless a return be made in the mean time, or otherwise to order, as to such Judge shall seem proper under the circumstances.

II. And be it enacted, that if at the expiration of any further time which such the Sheriff or Judge may limit by any order made at the return of such summons, such writ comply with shall not have been returned, it shall and may be lawful to and for any Judge of the order made the Court out of which such writ issued, in vacation, or for the Court in term, month upon proof of the service of such order and of the failure of such Sheriff or Coroner to return such writ, to order a writ of attachment to be forthwith issued against such Sheriff or Coroner.

after such sum

attach

ment to issue against him.

Any Judge to have the

same powers as the Court, unpus issued with

der habeas cor

regard to such

Sheriff or Coro

ner.

Such writs

of habeas cor

ble in vacation

III. And be it enacted, that writs of Habeas Corpus may in like manner be issued out of any of the said Courts under the order of a Judge, who shall have the same powers, authority and discretion in issuing any such writ of Habeas Corpus, or in committing any such Sheriff or Coroner' to close custody when brought before him upon such writ, or in admitting him to bail, and in all other proceedings which may be had or taken thereupon, as are now possessed by the said Court of Queen's Bench, or any of the said District Courts.

IV. And be it enacted, that all writs of attachment and Habeas Corpus issued gay against any Sheriff or Coroner, may be returnable on a day certain in vacation, made returna- which day shall be fixed by the order of the Judge or the Court under which the and before same shall be issued, and shall not be more than thirty days from the time of issuing such writ of attachment or Habeas Corpus; and that when any such writ shall be returnable in vacation, it shall be made returnable before the presiding Judge in Chambers when the same is issued out of the said Court of Queen's Bench,

whom.

and

and when the same is issued out of any of the said District Courts, then before the Judge of the District Court out of which the same is issued.

V. And be it enacted, that any Sheriff or Coroner who shall not return any writ issued out of the said Court of Queen's Bench or any of the said District Courts, within the period of three Calendar months after a writ of attachment for not returning the same shall be executed against him, shall forfeit his office; and if any Sheriff or Coroner, who shall not have returned any such writ within such period, shall continue after the expiration of such period to exercise the duties of his office without having been duly re-appointed to the same, he shall forfeit and pay the sum of one hundred pounds of lawful money of this Province, to any person who shall sue for the same in any of Her Majesty's Courts of Record, having competent jurisdiction: Provided always, that such action shall be brought within the period of twelve Calendar months after such forfeiture shall have been Incurred.

VI. And be it enacted, that the cost of any proceedings under the authority of his Act to enforce the return of process, shall be in the discretion of the presiding Judge or of the Court, as the case may be, who may order them to be paid by he Sheriff or Coroner against whom the proceedings are had, or by either of the parties in the cause.

VII. And be it enacted, that this Act shall not be construed to interfere with r take away any remedy which existed before the passing thereof.

CAP. XXXIV.

An Act to Repeal a certain Act therein mentioned, and to make fur. ther provision for enabling the Provincial Government to purchase the Stock held by private parties in the Welland Canal.

[9th December, 1843.]

EREAS, in and by a certain Act of the Parliament of this Province, passed in the fourth and fifth years of the Reign of Her present Majesty, tituled, An Act to authorize the Stock, held by private parties in the Welland Canal, be purchased on hehalf of the Province, after reciting that it was desirable to ace the Welland Canal under the exclusive control of the Government of this ovince, and for that purpose to provide for the purchase from the private Stock

holders

Preamble.

Act 4 & 5 V.

c. 48, cited.