ordered. Discharge may be on condition of debtor may be the rule or summons, if the Plaintiff has already filed interrogatories, or caused such debtor to be examined viva voce, and if further inquiry appears requisite for the ends of Justice, allow to the Plaintiff a reasonable time to file further interrogatories, or to cause such debtor to be further examined vivâ voce, and for the debtor to answer them or submit to such further examination, before the rule or summons be finally disposed of: Provided also that the Court or Judge may make it a condition of the debtor's discharge, that he shall first assign and conassignment by vey 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 the wearing apparel, bed, bedding, stove, cooking utensils, tools and implements of trade before mentioned, such assignment or conveyRe-committal ance to be approved by the Court or Judge; Provided lastly, of such debtor that if it shall appear that the debt for which such debtor is for not more confined was contracted by any manner of fraud or breach of trust, or under false pretences, or that such debtor wilfully cases of fraud, contracted such debt or liability without having had at the seduction, libel, &c. debtor. than 12 months, in ply to have ned as to his property, &c. 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 recommitted to close custody for any period not exceeding twelve calendar months, and to be then discharged. Judgment cre13. It shall be lawful for any party who has obtained a ditor may ap- judgment in any Court in Upper Canada, (or any person his judgment entitled to enforce such a judgment) to apply to such Court debtor exami- or to any Judge having authority to dispose of matters arising in such Court, for a rule or order that the judgment debtor shall be orally examined upon oath before the Clerk of the Crown, or before the Judge or Clerk of the County Court within the jurisdiction of which such debtor shall reside, or before any other person to be named in such rule or order, touching his estate and effects, and as to the property and means he had when the debt or liability which was the subject of the action in which judgment was obtained against him was incurred, and as to the property and means he still hath of discharging the said judgment, and as to the disposal he may have made of any property since contracting such debt or incurring such liability; and in case such debtor shall not attend as required by the said rule or order, and shall not allege a sufficient excuse for not attending, or shall, if attending, refuse to disclose his property or his transactions respecting the same, or shall not make satisfactory answers respecting the same, or if it shall appear from such examination that such debtor has concealed or made away with his property in order to defeat or defraud his creditors or any of them, such Court or Judge may order such debtor to be committed to the Common Gaol of the County in which he resides Committal of debtor for nonattendance, refusal to answer, answering unsatisfactorily, &c. for him. for any time not exceeding twelve months, or it shall be lawful Or order for for any such Court or Judge, by rule or order, to direct that a issue of Ca. writ of capias ad satisfaciendum may be issued against such Sa. against debtor, and a writ of capias ad satisfaciendum may thereupon be issued upon such judgment according to the practice now in force in the said Superior Courts, or in case such debtor enjoys the benefit of the gaol limits, such Court or Judge may make a rule or order for such debtor's being committed to close custody under the three hundred and seventh section of "The Common Law Procedure Act 1856." be re-taken in 14. If it shall happen that any discharge granted under Debtor unduthis Act shall have been unduly or fraudulently obtained by ly obtaining any false allegation of circumstances which if true might have discharge may entitled such debtor to be discharged by virtue of this Act, such execution. debtor shall, upon the same being made to appear to the satisfaction of such Court or a Judge as aforesaid, be liable to be again taken in execution and remanded to his former custody by rule or order of such Court or Judge; Provided always that no Proviso: savsheriff or gaoler shall be liable as for an escape of such debtor ing Sheriff, in respect of his enlargement during such time as he shall have &c. been at large by means of such his undue discharge as aforesaid. 15. Every person who shall upon any examination upon False swearoath or affirmation, or in any affidavit made or taken in any ing, &c., on proceedings under this Act, wilfully and corruptly give false any exmination to be perevidence, or wilfully and corruptly swear or affirm any thing jury. which shall be false, and shall be thereof convicted, shall be liable to the penalties of wilful and corrupt perjury. strued as one. 16. The Common Law Procedure Act 1856, and this Act, Act 19, 20 V. shall be read and construed as one Act as if the several provi- c. 48, and this sions in the said Act contained, not inconsistent with the pro- Act, to be convisions of this Act, were repeated and re-enacted in this Act. And all the powers conferred on the Judges by that Act and by Powers for the ninth section of the County Courts Amendment Act 1857, making Rules, shall be and are hereby extended to the making from time to Forms, &c. time all rules and forms of proceeding necessary for giving effect to this Act. to County 17. The first, second, third, fourth, fifth, sixth, seventh, Certain seceighth, ninth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, tions of this sixteenth, eighteenth, nineteenth and twenty-second sections of Act to apply this Act shall extend and apply to and be in force in the several Courts. County Courts in Upper Canada, and actions and proceedings therein respectively, as shall also the rules and forms to be made as mentioned in the sixteenth section of this Act, subject to the modifications expressed in the second section of "The County Courts Procedure Act 1856." Confessions of novits, or Warrants to confess given by insolvents to defeat or delay creditor, or to give one preference over the other, 18. Every confession of Judgment, Cognovit Actionem judgment cog- or Warrant of Attorney to confess Judgment, voluntarily or by collusion with a creditor or creditors, given by any person (such person being at the time in insolvent circumstances, or unable to pay his debts in full, or knowing himself to be on the eve of insolvency) with intent in giving such confession, cognovit actionem or warrant of Attorney to confess judgment, to defeat or delay his creditors wholly or in part, or with intent thereby of giving one or more of the creditors of such person a preference over his other creditors, or over any one or more of such creditors, shall be invalid and ineffectual to support any judgment or writ of execution, and every such confession, cognovit actionem or warrant of Attorney to confess judgment, shall be deemed and taken to be null and void as against the creditors of the party giving the same, to all intents and purposes whatsoever. to be void. Assignments, solvents to or give one preference over another, shall be void. 19. If any person being at the time in insolvent circumtransfers, &c., stances or unable to pay his debts in full, or knowing himself made by into be on the eve of insolvency, shall make or cause to be made defeat creditor any gift, conveyance, assignment or transfer of any of his goods, chattels or effects, or deliver or make over, or cause to be delivered or made over, any bills, bonds, notes or other securities or property, with intent to defeat or delay the creditors of such person, or with intent of giving one or more of the creditors of such person a preference over his other creditors, or over any one or more of such creditors, every such gift, conveyance, assignment, transfer or delivery, shall be deemed and taken to be absolutely null and void as against the creditors of such person; Provided always that nothing herein contained shall be held or construed to invalidate or make void any deed of assignment made and executed by any debtor for the purpose of paying and satisfying rateably and proportionably, and without preference or priority, all the creditors of such debtor their just debts; And provided further, that nothing herein contained shall be construed to invalidate or make void any bond fide sale of goods in the ordinary course of trade or calling to innocent purchasers. Proviso. Proviso. &c., to defraud Destroying or 20. Any person who shall destroy, alter, mutilate or falsify altering books, any of his books, papers, writings or securities, or make or be privy to the making of any false or fraudulent entry in any book of account or other document, with intent to defraud his creditors, or any one or more of them, shall be deemed guilty Punishment. of a misdemeanor, and on being convicted thereof shall be liable to be imprisoned in any common gaol for any term not exceeding six months, and such offence may be tried before any Court of Oyer and Terminer or Generai Gaol Delivery. Making asconcealing or 21. Any person who shall make or cause to be made any gift, signments, or conveyance, assignment, sale, transfer or delivery of any of his disposing of lands, hereditaments, goods or chattels, or who shall remove, conceal misdemeanor. conceal or dispose of any of his goods, chattels, property or goods to deeffects of any description with intent to defraud his creditors fraud credior any of them, and any person who shall receive such pro- tors, to be a perty, real or personal, with such intent, shall be deemed guilty of a misdemeanor, and on being convicted thereof shall be Punishment. liable to be imprisoned for any term not exceeding twelve months, and to be fined in any sum not exceeding two hundred pounds; and such offence may be tried before any Court of Oyer and Terminer or General Gaol Delivery. 22. From the time when this Act shall commence and take Repeal of sect. effect, the fifteenth section of an Act of the Parliament of 15 of Act of Upper Canada, passed in the second year of the reign of the U. C. late King George the Fourth, intituled, An Act to repeal part 2 G. 4, c. 1,— of and amend the laws now in force respecting the practice of His Majesty's Court of King's Bench in this Province, the twenty-third, forty-second, one hundred and eighty-fifth, and Sects. 23, 42, three hundreth sections of the "Common Law Procedure Act 185 and 300 of 1856," and also so much of the forty eighth section of the said 19, 20 V. c 43, and part of last mentioned Act, as provides, "That after obtaining Judg- sect. 48,"ment it shall not be necessary for the plaintiff to make or file (6 any other or further affidavit than that on which the Writ of "Attachment was ordered in order to sue out a Writ of Capias “ad satisfaciendum," together with all other Acts or parts of Acts of the Parliament of Upper Canada or of this Province at ments inconvariance with or inconsistent with the provisions of this Act, sistent with shall be and the same are hereby repealed, except so far as the this Act. said Acts or any of them, or any thing therein contained, repeal any former Act or Acts or any part thereof, all which said last mentioned Act or Acts shall remain and continue so repealed. And all enact 23. The provisions of this Act shall come into operation Commenceon the first day of September, in the year of our Lord one thou- ment of this sand eight hundred and fifty-eight. Act. 24. In citing this Act in any instrument, document or Short Title. proceeding, it shall be sufficient to use the expression, "The Act for the abolition of Imprisonment for debt." 25. The word "County," wherever it occurs in this Act, Interpretashall include any Union of Counties for judicial purposes. CAP. XCVII. An Act to amend the Law of Scire Facias in Upper W [Assented to 16th August, 1858.] tion. HEREAS the Writ of Scire Facias to repeal Letters Preamble. Patent, or to make void grants or other matter of Record under the Great Seal, is an original Writ which in England is issuable from the Court of Chancery, founded on the record of the Letters Patent, grant or other matter of Record enrolled in 22* the Court of Courts may Scire Facias in the same manner, &c., the said Court; And whereas owing to the constitution of the Court of Chancery of Upper Canada, there is not as in England an enrolment therein of Letters Patent, grants or other matter of Record under the Great Seal, and the jurisdiction of the Court of Chancery in Upper Canada to issue Writs of Scire Facias for the purposes aforesaid is doubtful: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Notwithstanding the want of enrolment, it shall be lawful Chancery and for the Court of Chancery in Upper Canada, or for either of the Superior Superior Courts of Common Law of Upper Canada, to issue issue Writs of Writs of Scire Facias to repeal Letters Patent, grants or other matter of Record under the Great Seal, in the same manner and under the same restrictions, as near as may be, as such Writs are now issuable from the Court of Chancery in England; and all the proceedings thereafter shall be, as near as may be, the same as in England. Provided that nothing herein contained shall be taken to alter or in any wise affect any thing contained in an Act of the Province of Upper Canada, passed in the seventh year of the reign of His late Majesty King William the Fourth, intituled, An Act to establish a Court of Chancery in this Province. as the Court of 7 W. 4, c. 2. 2. Before the issue of any such writ of Scire Facias, it shall Exemplification of Letters be necessary for the party making application for the same, in Patent, &c., to addition to the fiat of the Attorney General, to file in the Court be filed, and fiat of Attor- from which the writ is to be issued an exemplification under ney General the great seal of the Province of the Letters Patent, grant or to be obtained other matter of record upon which the said Writ of Scire Facias is to be founded. before Writ issues. Judges to meet and make Rules and Orders under this Act. Preamble. 3. For the more effectual carrying out of the provisions of this Act, it shall be lawful for the Judges of the said Court of Chancery and of the said Superior Courts of Common Law, or any six of them, of whom the Chancellor and the two Chief Justices shall be three, to make all such general rules and orders as in their judgment shall be necessary or proper for the effectual execution of this Act and of the intention and object thereof, and for that purpose to meet from time to time as occasion may require. An Act to amend the Law relating to petty trespasses in Upper Canada. IN N amendment of the Upper Canada: Her consent of the Legislative enacts as follows: [Assented to 16th August, 1858.] Law relating to petty trespasses in Majesty, by and with the advice and Council and Assembly of Canada, |