When defen costs of de fence. 18. The sheriff having made an inventory and appraisement on the first writ of attachment against any absconding debtor, shall not be required to make, nor shall he be allowed to charge for, a new inventory and appraisement upon a subsequent writ of attachment coming into his hands. R. S. O. 1877, c. 68, s. 18. COSTS IN CASE OF ATTACHMENT NOT WARRANTED. 19. If, before execution issues, it appears to the Court upon dant to recover motion and upon hearing the parties by affidavit, that the defendant was not an absconding debtor within the meaning of this Act, at the time of the issue of the writ of attachment against him, he shall recover his costs of defence, and the plaintiff shall not.have execution for the amount of the verdict rendered or ascertained upon reference or otherwise recovered in the action, unless the same exceeds, and then for such sum only as the same exceeds the amount of the taxed costs of the defendant, and in case the sum so recovered is less than the taxed costs of the defendant, he shall be entitled, after deducting the amount of the sum recovered from the amount of the taxed costs, to take out execution for the balance. R. S. O., 1877, c. 68, s. 19. Sale of goods attachment. SALE OF CHATTELS. 20.-(1) The Court or a Judge may, at any time after a under writ of writ of attachment has been in the hands of a sheriff, or other officer, for one month, direct him to sell any goods or chattels, except chattels real which have been attached. Liability of persons paying debts to absconding debtor after notice of attachment. (2) An order for sale may be made upon the application of a creditor having a writ of attachment, or a writ of execution, in the hands of the sheriff, and shall be made if the Court or Judge is satisfied that the alleged debtor has in fact absconded indebted to the applicant, and that the property attached is not sufficient to pay in full the claims of the persons who have sued out writs of attachment, or execution, but this provision shall not be construed to restrict the authority of the Court or Judge to make an order in other cases; and in all cases terms may be imposed. (3) The costs of the first writ of attachment shall have priority over all execution debts and other costs. 46 V. c. 6, s. 4. (1-3). [As to the application of sections 10 to 13 of " The Execution Act," see section 14 of that Act, Cap. 64.] ATTACHMENT OF DEBTS DUE TO ABSCONDING DEBTOR. 21. In case notice in writing of the writ of attachment has been duly served by the sheriff, or by or on behalf of the plaintiff in the writ, upon a person owing a debt or demand to, or who has the custody or possession of property or effects of, an absconding debtor, and in case such person after such notice pays the debt or demand or delivers the property or effects to the absconding debtor, or to any one for him, he shall be deemed to have done so fraudulently, and if the plaintiff recovers judgment against the absconding debtor, and the property and effects seized by the sheriff are insufficient to satisfy the judgment, such person shall be liable for the amount of the debt or demand, and for the property and effects or the value thereof. R. S. O. 1877, c. 68, s. 22. notice of at proceedings. 22. If after notice as aforesaid a person indebted to the ab- Debtor if sued sconding debtor, or having custody of his property as afore- after service of said, is sued for the debt, demand or property by the absconding tachment may debtor, or by the person to whom the absconding debtor has obtain stay of assigned the debt, demand or property since the date of the writ of attachment, he may, on affidavit, apply to the Court or a Judge, to stay proceedings in the action against himself, until it is known whether the property and effects so seized by the sheriff, are sufficient to discharge the sum or sums recovered against the absconding debtor, and the Court or Judge may direct an issue to try any disputed question of fact or make such other order as is proper. R. S. O. 1877, c. 68, s. 23. WHEN SHERIFF MAY SUE FOR OUTSTANDING DEBTS. fendant may perty is 23. If the real and personal property, credits and effects of Debtor of dean absconding debtor prove insufficient to satisfy the executions be sued if deobtained against him and claims certified under The Creditors' fendant's proRelief Act, the sheriff may, by order of the Court or a Judge, not sufficient to be granted on the application of any plaintiff or claimant sue to satisfy for and recover from any person indebted to the absconding claims. debtor, the debt, claim, property or right of action attachable Rev. Stat.c.65. under this Act, and owing to or recoverable by the absconding debtor, with costs of suit, in which action the defendant shall be allowed to set up any defence which would have availed him against the absconding debtor at the date of the writ of attachment, and a recovery in the action by the sheriff shall operate as a discharge as against the absconding debtor; and the sheriff shall hold and apply the moneys recovered by him as part of the assets of the absconding debtor. R. S. O. 1877, c. 68, s. 24. be inserted in ment of claim. 24. The statement of claim in the action by the sheriff Averment to shall contain an introductory averment to the effect following: Sheriff's stateThe plaintiff is Sheriff of (etc.) and sues under the provisions of The Act respecting Absconding Debtors, in order to recover from C. D., debtor to E. F., an absconding debtor, the debt due (or other claim, according to the facts) by the said C. D., to the said E. F., etc. R. S. O. 1877, c. 68, s. 25. 25. The sheriff shall not be bound to sue as aforesaid until a Sheriff not bond is given by one or more of the plaintiffs or claimants with bound to sue two sufficient sureties, who may be other of the plaintiffs or gives bond of until creditor indemnity. claimants, payable to the sheriff by his name of office in double the amount or value of the debt or property sued for, conditioned to indemnify him from all costs, losses and expenses to be incurred in the prosecution of the action or to which he may become liable in consequence thereof. R. S. O. 1877, c. 68, s. 26. Who entitled to share if pro perty proves insufficient to pay all. Rev. Stat. cc. 65 and 51. Delay of dis claims estab is hed. DISTRIBUTION OF PROCEEDS. 26. In case the property and effects of the absconding debtor are insufficient to satisfy the executions and other claims certified, none shall be allowed to share, unless their proceedings under this Act or The Creditors' Relief Act, or the provisions of The Division Courts Act respecting absconding debtors were commenced within six months from the date of the first writ of attachment. R. S. O. 1877, c. 68, s. 30. 27. The Court or a Judge may delay the distribution, in tribution until order to give reasonable time for the obtaining of judgment or allowance of claim by persons who have commenced proceedings in due time against the absconding debtor. R. S. O. 1877, c. 68, s. 28. When all seizing creditors are satisfied, remaining property to be delivered up. SURPLUS TO BE RESTORED. 28. In case at any time the sheriff has levied for distribution sufficient to pay all debts and claims for which proceedings had then been commenced, including costs, and one month has elapsed without proceedings being taken in respect of any other debt or claim, or in case after a period of one month from a distribution under the order of the Court or a Judge, whichever last happens, and after satisfying the several plaintiffs and claimants entitled, there is no other writ of attachment or execution against the same property and effects in the hands of the sheriff, or claim certified against the debtor, then, all the property and effects of the absconding debtor, or unappropriated money the proceeds of any part of such property and effects, remaining in the hands of the Sheriff, together with all books of account, evidences of title or of debt, vouchers and papers whatsoever belonging thereto, shall be delivered to the absconding debtor or to the person or persons in whose custody the same were found, or to the authorized agent of the absconding debtor, and thereupon the responsibility of the sheriff in respect thereto shall determine. R. S. O. 1877, c. 68, s. 31. We command you, that you attach, seize and safely keep all the real and personal property, credits and effects, together with all evidences of title or debts, books of account, vouchers and papers belonging thereto, of C. D., to secure and satisfy A. B. a certain debt (or demand) of $ (the sum sworn to), with his costs of suit, and to satisfy the debt and demand of such other creditors of the said C. D. as shall duly place their Writs of Attachment in your hands or otherwise lawfully notify you of their claim, and duly prosecute the same. And We also command the said C. D., that within (the time named in the Judge's order or rule of Court) days after the service of this Writ on him, inclusive of the day of such service, he do cause special bail to be entered for him in Our High Court (or County Court of ,) in an action to recover $ (the sum sworn to) at the suit of the said A. B.; And We require the said C. D. to take notice that his real and personal property, credits and effects in Ontario have been attached at the suit of the said A. B., and that in default of his putting in special bail as aforesaid, the said A. B. may, by leave of the Court or a Judge, proceed therein to judgment and execution, and may sell the property so attached: And We command you, the said Sheriff, that as soon as you have executed this Writ, you return the same with the inventory and appraisement of what you have attached thereunder. Witness, &c. In the margin. Issued from the office of the Clerk of the Process (or Clerk of Records and Writs, or Deputy Clerk of the Crown and Pleas or Clerk of the County Court in the County of or as the case may be.) (Signed) A. C., Clerk of the Process (or as the case may be.) Memorandum to be subscribed on the Writ. N.B.-This Writ is to be served within six months from the date thereof, or if renewed, then from the date of such renewal, including the day of such date, and not afterwards. of Endorsement to be made on the Writ before service thereof. This writ may be served out of Ontario, and was issued by E. F., Solicitor, &c. (as on a Writ of Summons.) R. S. O. 1877, c. 68, Sched CHAPTER 67. An Act respecting Arrest and Imprisonment for Debt. ARREST, WHEN MAY BE HAD, ss. 1-8. GAOL LIMITS, S. 13. WRITS OF Capias, s. 1. SECURITY FROM DEBTORS IN CIVIL CUSTODY, SS. 14-26. ARREST FOR NON-PAYMENT OF MONEY, DISCHARGE FROM CUSTODY, S. 27. PERSON HAVING CARRIAGE OF JUDG- PROVISION IN CASE OF SEPARATION OF CUSTODY OF PERSONS ARRESTED, s. 12. | DEBTORS IN CRIMINAL CUSTODY, s. 31. ER MAJESTY, by and with the advice and consent of the HE Legislative A, bembly of the Province of Ontario, of tits Defendant may be held 1. In case a party or plaintiff being a creditor of, or having to bail on aff. a cause of action against a person liable to arrest, by affidavit davit of certain of himself or some other person shews to the satisfaction factsand order of a Judge of the High Court, or to the Judge or acting of a judge. Judge of a County Court, that such party or plaintiff has cause of action against such person to the amount of $100 or upwards or that he has sustained damage to that amount, and also by affidavit shews such facts and circumstances as satisfy the Judge, that there is good and probable cause for believing that such person, unless he be forthwith apprehended, is about to quit Ontario with intent to defraud his creditors generally or the said party or plaintiff in particular, the Judge may order that the person against whom the application is made, shall be held to bail for such sum as the Judge thinks fit, and thereupon the party or plaintiff, within the time issue on such expressed in the order, but not afterwards, may sue out a writ order within a of capias and one or more concurrent writs of capias in the High Court, or County Court, against the person ordered to be held to bail, and the Judge or the acting Judge of the County Court, may grant orders to hold to bail where process is intended to be sued out of or an action has been commenced in the High Court, as well as in his own Court. R. S. O. 1877, c. 67, s. 5. Capias may limited time. Affidavit need 2. If the affidavit at the time of the making thereof is not not be at first entitled in any Court, the title of the Court may be added entitled in any at the time of suing out the writ. R. S. O. 1877, c. 67, s. 6. Court. |