Discharge from prison on payment.
variation of the decree or order relates, or protect the person imprisoned from being anew summoned and imprisoned for any new fraud or other default rendering him liable to be imprisoned, or deprive the person prosecuting the decree or order of any right to have execution against his goods, as if there had not been such imprisonment.
178. Any person so imprisoned, who pays the money by the decree or order directed to be paid, or the instalments thereof payable, and costs remaining due at the time of his commitment, and all subsequent costs and expenses, shall be discharged out of custody.
Rescinding or 179. On the hearing of any such summons as aforesaid, the Court, if it thinks fit, whether it makes any order for the commitment of the person summoned or not, may rescind or alter any decree or order previously made against him for the payment of money by instalments or otherwise, and make any further or other order, either for the payment of the whole thereof forthwith, or by any instalments, or in any other manner as the Court thinks reasonable and just.
order for payment.
Examination of judgment debtor, Garnishee to appear and show cause, Attachment of Debts.
180. It shall be lawful for any creditor or suitor who shall have obtained a judgment, order or decree for the payment of any money in the Court (hereinafter called the judgment creditor) to apply for a rule that the person against whom such judgment, order or decree shall have been made (hereinafter called the judgment debtor) should be orally examined before the Court as to any and what debts are owing him.
181. It shall be lawful for the Court, upon the ex-parte application of such judgment creditor, either before or after such oral examination, and upon affidavit by himself or his attorney stating that such judgment, order or decree has been obtained and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor, and is within the jurisdiction of the Court, to order that all debts owing or accruing from such third person (hereinafter called the garnishee) to the judgment debtor, shall be attached to answer such judgment, order or decree; and by the same, or any subsequent order, it may be ordered that the garnishee shall appear before the Court, to show cause why he should not pay the judgment creditor the debt due from him to the judgment debtor, or so much thereof as may be sufficient to satisfy such judgment, order or decree, in the hands of
182. Service of an order that debts due or accruing to the judgment debtor shall be attached, or notice thereof to the garnishee in such manner as the Court shall direct, shall bind such debts in his hands.
Debts attached garnishee.
183. If the garnishee does not forthwith pay into Court the debt, or an amount equal to the sum payable under such judgment, order or decree, and does not dispute the debt due or claimed to be due from him to the judgment debtor, or if he does not appear upon summons, then the Court may order execution to issue, and it may be sued forth accordingly, without any previous process, to levy the amount due from such garnishee towards satisfaction of such judgment, order or decree.
Garnishee disputing his liability suit to be filed.
184. If the garnishee disputes his liabilities, the Court instead of making an order that execution shall issue, may order that the judgment creditor shall be at liberty to proceed against the garnishee by petition, and the proceeding therein shall be the same as in an ordinary suit.
Debt attachment book to be kept in the Registrar's office.
185. There shall be kept in the Registrar's office a debt attachment book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates and statements of the amount recovered and otherwise; and copies of any entries made therein may be taken by any person, upon application to the Registrar.
Foreign Attachment.
186. Suits may be commenced by process of foreign attachment in manner hereinafter provided, in all claims on contracts, and for detinue or trover, provided that the contract was entered into or the breach thereof or the detention or conversion upon which such claims shall be founded respectively shall have occurred within the Colony.
187. Upon the filing in Court by the plaintiff in any such suit, of an affidavit to the following effect, that is to say:---
1. That the case is within the provisions of the last preceding section;
2. That the defendant is absent from the Colony, or that there is probable cause to believe that the defendant is concealing himself to evade proceedings;
3. That the defendant is beneficially entitled to lands or to any interest therein within the Colony, or to any monies, securities for money, goods, chattels or other property whatsoever in the custody or under the control