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[NOTE. — By the R. S. C. 1883, Rules 6–11 of the Rules under the
Debtors Act are annulled. The provisions of these Rules are, with verbal alterations, reproduced in Ord. LXIX. of the R. S. C. 1883, which are printed immediately after Rule 5, p. 565.]
MICHAELMAS TERM, 1869.
THE DEBTORS ACT, 1869.
In pursuance of the Common Law Procedure Act, 1852, and the Debtors Act, 1869, it is ordered that on and after the 1st day of January, 1870, the following rules shall be in force for regulating the practice under and carrying into effect the first part of the said Debtors Act, 1869 :
1. All applications to commit to prison, under section 5, shall in the first instance be inade by summons before a judge, which shall specify the date and other particulars of the judgment or order, for non-payment of which the application is made, together with the amount due, and be endorsed with the particulars required by Rule 73 of Hilary Term, 1853.
2. The service of summons whenever it may be practicable shall be personal, but if it appear to the judge that reasonable efforts have been made to effect personal service, and either that the summons has come to the knowledge of the debtor, or that he wilfully evades service, an order may be made as if personal service had been effected, upon such terms as to the judge may seem fit.
3. Proof of the means of the debtor shall, whenever practicable, be given by affidavit, but if it appear to the judge, either before or at the hearing, that a vivá voce examination, either of the debtor or of any other person, or the production of any document, is necessary or expedient, an order may be made commanding the attendance of any such person before
R. 3-5, & 1-3
the judge at a time and place to be therein mentioned, for the purpose of being examined on oath touching the matter in question, [or] and for the production of any such document, subject to such terms and conditions as to the judge may seem fit. The disobedience to any such order shall be deemed a contempt of court and punishable accordingly.
4. The order of committal (which may be in form A. in the schedule, or to the like effect), shall, before delivery to the sheriff, be endorsed with the particulars required by Rule 73 of Hilary Term, 1853. Concurrent orders may be issued for execution in different counties. The sheriff and officers shall be entitled to the same fees in respect thereof as are now payable upon a ca. sa.
5. Upon payment of the sum or sums mentioned in the order (including the sheriff's fees in like manner as upon a ca. sa.) the debtor shall be entitled to a certificate in form B. in the schedule, or to the like effect, signed by the attorney in the cause, or (if the creditor) signed by the creditor and attested by an attorney on his behalf, or a justice of the peace.
R. S. C. 1883. ORDER LXIX.
1. An order to arrest under the 6th section of the Debtors Act (which shall be in the Form No. 31 in Appendix K., with such variations as circumstances may require) shall be made upon affidavit and ex parte, but the defendant may at any time after arrest apply to the Court or a Judge to rescind or vary the order, or to be discharged from custody, or for such other relief as may be just.
2. An order to arrest shall, before delivery to the sheriff, be indorsed with the plaintiff's address for service, as required by Order IV., Rules 1 and 2. Concurrent orders may be issued for arrest in different counties. The sheriff or other officer executing the order shall be entitled to the same fees as heretofore.
3. The security to be given by the defendant may be a deposit in Court of the amount mentioned in the order, or a bond to the plaintiff by the defendant and two sufficient sureties (or with the leave of the Court or a Judge either one surety or more than two), or, with the plaintiff's consent, any
R. 3-7. other form of security. The plaintiff may, within four days
after receiving particulars of the names and addresses of the proposed sureties, give notice that he objects thereto, stating therein the particulars of his objections. In such case the sufficiency of the security shall be determined by a Master, who shall have power to award costs to either party. It shall be the duty of the plaintiff to obtain an appointment for that purpose, and unless he does so within four days after giving notice of objection, the security shall be deemed sufficient.
4. The money deposited and the security, and all proceedings thereon, shall be subject to the order and control of the Court or a Judge.
5. Unless otherwise ordered, the costs of and incidental to an order of arrest shall be costs in the cause.
6. Upon payment into Court of the amount mentioned in the order, a receipt shall be given; and upon receiving the bond or other security, a certificate to that effect shall be given, signed or attested by the plaintiff's solicitor, if he have one, or by the plaintiff if he sue in person. The delivery of such receipt or a certificate to the sheriff or other officer executing the order shall entitle the defendant to be discharged out of custody.
7. The sheriff or other officer named in an order to arrest, shall, within two days after the arrest, indorse on the order the true date of such arrest.
[Christian and surname of the debtor and of the
party claiming.] I do order that the said A.B., be for default in payment of the debt hereinafter mentioned committed to prison for the term of [six) weeks from the date of his arrest, including the day of such date, or until he shall pay £ being the amount of [an instalment due to the said C.D., upon] (or a
judgment of the Court of ] [or an order made by ], Sched. bearing date the
, together with £
upon an order of the Honourable Mr. Justice
at the suit of C.D., for non-payment of a debt of £ has satisfied the said debt, together with the costs mentioned in the said order, and sheriff's fees. Dated, &c.
E.F., of, &c.,
Attorney for the said C.D.
Witness to the signature} C.D., of, &c.,
G.H., of, &c., his Attorney,
It is ordered that the defendant be arrested and imprisoned for the term of from the date of his arrest, including the day of such date, unless and until he shall sooner deposit in Court the sum of £ , or give to the plaintiff à bond executed by him and two sufficient sureties in the penalty of £ or some other security satisfactory to the plaintiff, that
And it is further ordered that the sheriff of do within one calendar month from the date hereof, including the day of such date, and not afterwards, take the defendant for the purpose aforesaid, if he shall be found in the said sheriff's bailiwick. Dated the day of
FOR REGULATING PROCEEDINGS UNDER
THE DEBTORS ACT, 1869,
IN THE COUNTY COURTS.
The following Rules from Order XIX. of the Consolidated
County Court Orders and Rules, 1875, have been substituted for the Rules for regulating proceedings under the Debtors Act, 1869, in the County Courts, of December 22,
1869, and May 8, 1870. The Forms referred to are the Forms in the Schedule to the Con
solidated County Court Orders and Rules, 1875.
Judgment-Summons. R. 6-8. 6. No order of commitment under the Debtors Act, 1869,
shall be made unless a summons to appear and be examined Judgmentsummons to
on oath, hereinafter called a judgment-summons, shall have be served been personally served upon the judgment-debtor. personally.
7. A judgment-summons shall not be issued by a Court Where judgment-sum- unless the debtor resides or carries on business or is employed
within its district, or unless leave of the judge under s. 48 of issue.
the County Courts Act, 1856, has been given, and a minute 19 & 20 Vict. c. 108, s. 48. thereof entered, after hearing in open Court the grounds on
which the leave is asked; but the districts of the Courts referred to in s. 3 of the County Courts Act, 1867, shall be deemed to be one district, so far as relates to the issuing of judgment-summonses by the Court in which action was
brought. Where judg
8. Where a judgment-creditor desires to apply for a judgment-summons applied
ment-summons to a county court other than the county court for in Court in which the order or judgment was obtained, he shall obtain in which
from the registrar of the county court in which the order or