Proceedings CASES OF SEPARATION OF UNITED COUNTIES. 28. A person arrested or held to bail before the sepunder bailable aration of a junior from senior county, and liable to be of dissolution imprisoned, shall be so imprisoned in the gaol of the county of a Union of in which he was arrested; and all proceedings in the action process in cases Counties. Gaol for debtor where United Counties, dissolved. Sheriff only to be liable for tained. in which a person was SO arrested or held to bail, and all proceedings after judgment founded on the arrest or holding to bail, shall be carried on as if the arrest or holding to bail had taken place in such county as a separate county; and in case the proceedings are to be had in the junior county, all the records and papers relative to the case shall be transmitted to the proper officer of the junior county. R. S. O. 1877, c. 67, s. 29. 29. In case a debtor or other person is admitted to bail in a union of counties, and the union is afterwards dissolved, or one or more counties are separated therefrom, and in case such person after the dissolution of the union is surrendered or ordered to be committed to close custody, he shall be surrendered or committed to the sheriff of the county in which he is arrested, and be imprisoned in the gaol thereof. R. S. O. 1877, c. 67, s. 30. LIABILITY OF SHERIFF FOR ESCAPE. 30. If a debtor in execution escapes out of legal cusdamages sus. tody, the sheriff, bailiff, or other person having the custody of the debtor, shall be liable only to an action for damages sustained by the person or persons at whose suit the debtor was taken or imprisoned, and shall not be liable to any other action in consequence of the escape. R. S. O. 1877, c. 67, s. 33. See also cap. 16, s. 30. This Act not to extend to DEBTORS IN CRIMINAL CUSTODY. 31. None of the foregoing provisions relative to the discharge debtors in cus- from custody or admission to bail shall extend or be applicable tody on crito debtors who are at the same time in custody upon any criminal charge. R. S. O. 1877, c. 67, s. 32. minal charges. CHAPTER 68. An Act respecting the Relief of Indigent Debtors. SHORT TITLE, s. 1. WEEKLY ALLOWANCE TO DEBTORS IN CLOSE CUSTODY: When allowed, ss. 2-6. Discharge of debtor if not paid, s. 3. Recovery of allowance from debtor DISCHARGE FROM CUSTODY ON GROUND Application for discharge, ss. 8-10. Condition of discharge, s. 11. Re-committal where unduly dis- PRODUCTION OF DEBTOR FOR EXAMINA- JUDICATURE ACT TO APPLY, s. 15. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: 1. This Act may be cited as "The Indigent Debtors' Act." Short title. R. S. O. 1877, c. 69, s. 1. 2. If a debtor in close custody: 1. Upon mesne process; or 2. In execution; or 3. Upon any other final process, for non-payment of any sum of money awarded, or for non-payment of any claim in the nature of a debt or demand due, being a sum certain or capable of being ascertained by computation and not being in the nature of a penalty to enforce the doing of some act other than the payment of a sum of money (in which several cases the debtor shall be deemed to be a prisoner in execution),— Makes oath ; In what cases debtors in close custody to be entitled to weekly allowance. (a) That he is a prisoner in close custody, setting forth on Affidavit which of the causes of detention above specified; and required. (b) That he is unable to find bail; and (c) That he is not worth the sum of $20; And in case he is in custody on mesne process, (d) That he does not believe the demand of the plaintiff to be just, and for that cause, and no other, resists payment of the same and refuses to confess judgment for the sum sworn to, The allowance the Court from which the process issued, or a Judge shall when payable. make an order on the plaintiff at whose suit the debtor is detained, to pay to the debtor on the third Monday after the service of the order, and upon each Monday thereafter, so long as the debtor is detained in prison at the suit of the plaintiff the sum of $2, and the payment shall be made to the debtor or to the gaoler in whose custody he is, for the use of the debtor. R. S. O. 1877, c. 69, s. 2. When debtor entitled to be discharged if allowance not paid. 3. In default of payment of the allowance, the debtor on his affidavit of the default and upon notice to the plaintiff shall, unless sufficient cause is shewn be entitled to an order for discharge; but the discharge shall not, in case the debtor was confined on mesne process, prevent the plaintiff from Effect of dis- proceeding to judgment and execution against the body, lands or goods, according to the practice, and in case the debtor is a prisoner in execution, the discharge shall not be a release or satisfaction of the judgment or other debt or demand, or deprive the plaintiff of any remedy against the lands or goods of the debtor. R. S. O. 1877, c. 69, s. 3. charge. Debtor not entitled to allow touching 4. Where a debtor applies for the weekly allowance, or to ance or to his be discharged from custody for non-payment thereof, the plaindischarge in tiff may apply for an order that the debtor shall be examined default of pay. ment until he viva voce on oath for the purpose of discovering any property has answered or effects the debtor may be possessed of or entitled to, or satisfactorily which may be in the possession or under the control of some other person for his use or benefit, or which he may have fraudulently disposed of to injure his creditor, and until the debtor has made full answer respecting the same to the satisfaction of the Court or Judge, no order for the payment of the weekly allowance shall be made, or if previously made, no order for his discharge for non-payment thereof shall be made. R. S. O. 1877, c. 69, s. 4. Examination of debtor. Defendant in custody on 5. If the debtor has obtained an order for payment of the weekly allowance, the plaintiff may at any time apply for an order for examination, and the Court or Judge, on the application of the plaintiff, may stay further payment until the debtor has made full answer as aforesaid to the satisfaction of the Court or Judge. R. S. O. 1877, c. 69, s. 5. 6. In case the debtor is a prisoner in close custody in several writs, several actions or matters, he must make all the plaintiffs only entitled parties to his application for the weekly allowance, and he shall only be entitled to one weekly sum of $2; and if the weekly allowance be unpaid, the debtor shall have the same right as when in custody in one action only, to ance, etc. be discharged from custody in all the actions or matters named in the order for payment, and the plaintiffs named in the order must all be made parties on an application for the debtor's discharge on account of non-payment, and all the plaintiffs must join in the examination of the defendant, and they shall regulate among themselves the apportionment and the payment of the weekly allowance. R. S. O. 1877, c. 69, s. 6. covered from 7. The plaintiff shall be entitled to recover from his debtor Allowance all sums paid to him for weekly allowance while a prisoner on may be remesne process, and upon proof before the taxing officer, the debtor as amount shall be taxed as disbursements in the action. R. S. O. costs. 1877, c. 69, s. 7. of debtor as to 8. In case a debtor, according to the intent and meaning of A debtor in this Act, confined in close custody in execution, gives to the custody in execution, may party at whose suit he is a prisoner or to his solicitor, a notice apply to be in writing that he will, after the expiration of ten days from discharged. the day of service apply to be discharged from custody, the plaintiff, at whose suit he is confined, may apply to the Court or Examination a Judge for an order that the debtor be examined viva voce on his property, oath, for the purpose of discovering any property or effects etc. which the debtor is possesssed of or entitled to, or which are in the possession or under the control of some other person for the use or benefit of the debtor, or which the debtor, having been in possession of, may have fraudulently disposed of to injure his creditor, and touching the debtor's estate and effects, and the circumstances under which he contracted the debt or incurred the liability which was the subject of the action in which judgment has been rendered against him, and as to the means and expectations the debtor then had, and as to the property and means he still has, and as to the disposal he may have made of his property. R. S. O. 1877, c. 69, s. 8. 9. After the expiration of ten days from the day of the ser- Application of vice of notice as aforesaid, and upon the debtor's making oath debtor for discharge. that he is not worth $20 exclusive of the goods and chattels exempt from execution, and that he has submitted himself to be examined pursuant to order (or that no such order has been served), the debtor may upon notice apply to the Court or a Judge for an order of discharge, and upon the hearing of the application, where such examination has taken place, if the matter thereof is deemed satisfactory, the debtor shall be discharged from custody, and the discharge shall have its effect. effect only as a discharge for non-payment of the weekly allowance. R. S. O. 1877, c. 69, s. 9. Discharge and tor may be 10. In case the plaintiff has already caused the debtor to Further exambe examined viva voce, and in case upon the hearing of the ination of debapplication, further enquiry appears requisite for the ends ordered. of justice, the Court or Judge may allow the plaintiff a reasonable time to cause the debtor to be further examined Discharge may be on condi ment by debtor. viva voce, and may allow a reasonable time for the debtor to submit to the further examination, before the application is finally disposed of. R. S. O. 1877, c. 69, s. 10. 11. It may be a condition of the debtor's discharge that he tion of assign shall first, by an assignment or conveyance, to be approved of by the Court or Judge assign and convey to the party at whose suit he is in custody, any right or interest which he may have or be presumed to have in and to any property, real or personal, credits and effects, other than goods and chattels exempt from execution. R. S. O. 1877, c. 69, s. 11. Re-committal for not more than 12 months, in seduction, libel, etc. 12. In case it appears that the debt for which the debtor is confined was contracted by any manner of fraud or breach of trust, or under false pretences, or that the debtor cases of fraud, wilfully contracted the debt or incurred the liability without having had at the same time a reasonable assurance of being able to pay or discharge the same, or that he is confined by reason of any judgment in an action for breach of promise of marriage, seduction, criminal conversation, libel or slander, the Court or Judge may order the applicant to be re-committed to close custody for a period not exceeding twelve months, and to be then discharged. R. S. O. 1877, c. 69, s. 12. Debtor unduly obtaining dis re-taken in execution. 13. In case a discharge granted under this Act has been charge may be unduly or fraudulently obtained by a false allegation of circumstances which, if true, might have entitled the debtor to be discharged by virtue of this Act, the debtor shall, upon the same being made to appear to the satisfaction of the Court or a Judge as aforesaid, be liable to be again taken in execution and remanded to his former custody by order of the Court or a Judge; but no sheriff or gaoler shall be liable as for an escape of the debtor in respect of his enlargement during the time he has been at large by means of his undue discharge as aforesaid. R. S. O. 1877, c. 69, s. 13. Debtor to be taken before the Judge or officer for ex amination. Judicature 14. The Court or Judge making any order for examination of a debtor under this Act may issue an order to the sheriff or gaoler having the custody of the debtor, to bring the debtor before him or before some person (to be named in the order), for the purpose of being so examined, and the sheriff or gaoler shall take the debtor before the Judge or person named as aforesaid, for examination under the authority of this Act, in the same manner as if the sheriff or gaoler were acting in obedience to a writ of habeas corpus ad testificandum. R. S. O. 1877, c. 69, s. 14. 15. The Judicature Act and Rules shall so far as applicable Rules to apply apply to this Act. R. S. O. 1877, c. 69, s. 15. Act and to this Act. Debtors in cus- 16. None of the foregoing provisions relative to the weekly tody on crimi- allowance, or discharge from custody on account of indigence, cepted. shall extend or be applicable to debtors who are at the same time in custody upon a criminal charge. R. S. O. 1877, c. 69, s. 16. nal charges ex |