1(1)Nothing herein contained subjects any person to arrest who, by reason of any privilege, may now by law be exempt therefrom.

1(2)Any person, not having privilege, may be arrested and held to bail or committed to prison on mesne process, under the following circumstances:

1(3)The judge and other officials having jurisdiction as above mentioned are a judge of The Court of Queen’s Bench of New Brunswick, the Registrar or a clerk thereof.

1(4)The affidavit may be made before a judge of the court, or before any commissioner appointed to take affidavits to be read in The Court of Queen’s Bench of New Brunswick, and, in cases where the affidavit is made outside the Province, before any judge or officer, or other person authorized to take affidavits for use in this Province in the country or place where the affidavit is made.

1(5)The sum or sums specified in such order shall be endorsed on the writ; for which sum or sums so endorsed, and for no more, the sheriff or other officer executing the writ, shall take bail.

4(1)On the arrest of any debtor, he may deposit with the sheriff the amount for which he is held to bail, together with forty dollars for costs, which money shall remain in the hands of the sheriff to meet the claim of the plaintiff after judgment, or on failure of the plaintiff to recover judgment shall be returned to the defendant, or such debtor may give bail in the bond, in the form prescribed by regulation, with two sureties, or on failure thereof may be imprisoned.

4(2)In either of the two last mentioned events the debtor may give notice of his intention to apply for an examination to a judge of The Court of Queen’s Bench of New Brunswick, or to the clerk thereof, for the purpose of disclosing the actual state of his affairs.

4(3)If the debtor deposits with the sheriff the amount for which he is held to bail, and costs, as herein provided, and judgment is recovered against the debtor, the sheriff shall, on order of the court or a judge thereof, or with the consent of the defendant or his attorney, pay the same into the hands of the plaintiff’s attorney, and in case of disobedience to such order, the sheriff is liable to an attachment to be sued out according to the practice of the court.

4(4)If the debtor gives the bond, in the form prescribed by regulation, the sheriff shall, at the request of the plaintiff, or his attorney, assign the same to the plaintiff by endorsement under his hand and seal, and the plaintiff may, if the bond is forfeited, bring an action thereon in his own name.

4(5)The court, where the action is brought on the bond, may give such relief to the parties as is agreeable to justice and in accordance with the practice of the court in actions brought on bail bonds.

5(1)The notice mentioned in subsection 4(2) shall be in writing and shall state before whom the examination will be held, and the time and place thereof, and shall be served on the plaintiff, or one of them if more than one, his or her agent or the attorney who issued the process, and such notice shall be served not less than forty-eight hours before the time for making such disclosure if the parties served live within thirty kilometres of the place of examination, and not less than one day additional for every sixty kilometres travel over the first named distance, exclusive of Sundays.

5(2)Service of the notice may be proved by affidavit, sworn to before any person authorized to take affidavits to be read in The Court of Queen’s Bench of New Brunswick.

5(3)If the plaintiff or some one of the plaintiffs has a known place of abode within the Province, the notice may also be served at the usual place of abode of the plaintiff upon the spouse of the plaintiff, or upon some adult member or inmate of his or her family; but such last mentioned service shall not be deemed a good service without the order of the judge or clerk of The Court of Queen’s Bench of New Brunswick before whom the examination is to be held, made

7(1)If the debtor at the appointed time and place makes a disclosure upon oath of the actual state of his affairs, and of all his property, rights and credits, and answers all proper interrogations in regard to the same, and signs to the truth of his disclosures and answers, the judge or clerk may hear any other evidence offered on either side, and if satisfied that the disclosure is a full one, and that the defendant has not transferred any property intending to defraud the plaintiff, or since his arrest given any preference to any other creditor, may by order discharge the debtor from arrest and imprisonment, and if not satisfied, he shall refuse to make an order for discharge and shall, unless the debtor has already given or then gives the bond, in the form prescribed by regulation, by order remand such debtor into the custody of the jailer, or other officer, as the case may be.

7(2)If upon such examination it appears that the defendant has property without the Province, and has not sufficient property within the Province to satisfy the plaintiff’s claim and costs, the defendant shall not as a matter of right be entitled to a discharge under this section, but may, in the discretion of the judge or clerk of The Court of Queen’s Bench of New Brunswick, be remanded as aforesaid.

11(1)All property disclosed by the examination of any debtor taken under the authority of this Part, or so much thereof as the creditor may designate with the approval of the judge or clerk of The Court of Queen’s Bench of New Brunswick, shall by order of the judge or clerk be held by the sheriff from the time of the disclosure to meet any execution that the creditor may issue upon any judgment obtained by him in the suit, and the sheriff shall return such order with the writ, or if the writ is already returned, he shall return such order to the plaintiff’s attorney, who shall file such order with the writ.

11(2)If real estate or any security on real estate or on any interest herein held or owned by the debtor is disclosed, a memorandum in the form prescribed by regulation, signed by the person before whom the disclosure is made, shall be filed in the registry office for the county in which the land is situate, within eight days thereafter.

21(1)If personal property mortgaged, pledged or subject to any lien, and of which the defendant has the right of redemption, is disclosed, the order made on disclosure shall hold the same for any interest beyond the amount of the mortgage, pledge or lien, or it may be held as if unincumbered if the creditor first tenders or pays the mortgagee, pledgee or holder the full amount unpaid on the demand so secured thereon.

21(2)Every such mortgagee, pledgee or holder, on demand in writing made on him by and on behalf of any person, plaintiff in the suit in which disclosure has been made as aforesaid, shall render a just account of the claim or lien, and if he unreasonably neglects so to do for twenty days after the demand, the sheriff may, under such order of the judge or clerk of The Court of Queen’s Bench of New Brunswick, take possession of the property as if unincumbered, and hold the same in priority over the mortgage, pledge or lien.

21(3)If the mortgagee, pledgee or holder demands and receives more than is due him, he is liable for the amount of the excess and ten per cent thereof additional, to be recovered by the plaintiff in an action for money had and received.

28(1)Where, on any examination under the provisions of this Act for the purpose of disclosure, it is made to appear that the defendant has in his possession or under his control, money, bank notes or other currency, or cheques, bills of exchange, bonds, specialties or securities for money, other than securities on real estate or any interest therein, or any other personal property whatsoever not specially enumerated in this section, liable to be taken by the sheriff under the order of a judge or clerk of The Court of Queen’s Bench of New Brunswick, made under the provisions of this Act, or has debts due him, and that such defendant has it in his power to deliver over or assign the same, or to cause the same to be delivered over or assigned, for the purpose of satisfying the plaintiff’s demand, but refuses so to do, the judge or clerk of The Court of Queen’s Bench of New Brunswick, unless the defendant makes a general assignment for the benefit of his creditors, shall not discharge the defendant, but by order remand him to jail, there to remain until the defendant does deliver over or assign or cause the same, or so much thereof as the judge or clerk may deem just, to be delivered over or assigned for the purpose aforesaid, or is otherwise legally discharged; and if the defendant is so remanded, he shall not be entitled to the privilege of the jail limits.

28(2)As a condition to requiring the defendant to deliver over or assign such property or debts, the judge or clerk may direct the plaintiff to give to the defendant security, in such amount and form as he may think proper, sufficient to protect the defendant in case the plaintiff fails to recover judgment against him.

29.1(1)In this Part

29.1(2)A judgment creditor who has obtained a judgment in The Court of Queen’s Bench of New Brunswick or the Court of Appeal may serve on the judgment debtor, or send by registered or certified mail at the address where the judgment debtor resides, a notice of judgment in the form prescribed by regulation.

29.1(3)A notice sent by registered or certified mail under subsection (2) shall be deemed to have been received by the judgment debtor not later than the fifth day following the day on which it was mailed.

29.1(4)On receipt of the notice, the judgment debtor may either

29.1(5)A judgment debtor who is unable to comply with subsection (4) may apply within thirty days of the receipt of the notice to the clerk of The Court of Queen’s Bench of New Brunswick in the judicial district where the judgment has been entered or where the judgment debtor resides either ex parte or upon such notice to the judgment creditor as the clerk directs for an order varying the requirements of the prescribed schedule with respect to that judgment debtor.

29.1(6)Pending the disposition of an application made under subsection (5), no payments are required to be paid under subsection (4).

29.1(7)Upon an application under subsection (5), the clerk of the Court may, upon such evidence as the clerk considers sufficient and just, make an order varying the amounts required by the prescribed schedule to be paid on each payment, the number of payments required to be made and the times during which payments are to be made to such extent as the clerk considers reasonable under the circumstances, and shall cause a copy of that order to be served on the judgment creditor by ordinary mail.

29.2(1)A judgment creditor may apply to the clerk of The Court of Queen’s Bench of New Brunswick in the judicial district where the judgment has been entered either ex parte or upon such notice to the judgment debtor as the clerk directs for an order varying the requirements of the prescribed schedule with respect to that judgment debtor.

29.2(2)Upon an application under subsection (1), the clerk of the Court may if the clerk considers it just under the circumstances direct that the application be made to the clerk of the judicial district where the judgment debtor resides.

29.2(3)Upon receipt of an application under subsection (1),

29.4(1)Where a judgment debtor has failed to comply with subsection 29.1(4), the judgment creditor may apply to the clerk of The Court of Queen’s Bench of New Brunswick in the judicial district where the judgment has been entered ex parte for an order directing the judgment debtor to pay the amount of the judgment outstanding in accordance with subsection 29.1(4).

29.4(2)Upon an application under subsection (1), the clerk may, upon an affidavit or affidavits showing the amount of the judgment, the amount owing and the failure of the judgment debtor to pay as required by subsection 29.1(4), make an order directing the judgment debtor to pay

29.4(3)A copy of an order sent under subsection (2) shall be deemed to have been received by the judgment debtor not later than the fifth day following the day it was mailed.

29.4(4)A judgment debtor may apply to the clerk or to the clerk of the judicial district where he resides either ex parte or upon such notice to the judgment creditor as the clerk directs for an order varying the amounts required to be paid in accordance with an order under subsection (2).

29.4(5)Upon application by a judgment debtor who is ordered to pay a judgment in accordance with an order made under subsection (2), the clerk may, upon such evidence as the clerk considers sufficient and just, make an order varying the amounts required to be paid in accordance with an order under subsection (2), the number of payments required to be made and the times during which payments are to be made to such extent as the clerk considers reasonable under the circumstances, and shall cause a copy of that order to be served on the judgment creditor by ordinary mail.

30(1)In this section the expression “judgment debtor” includes any person ordered to pay a sum of money by one of the courts hereinafter referred to.

30(2)Any person who has obtained a judgement or order for the recovery by or the payment to him of money in The Court of Queen’s Bench of New Brunswick or the Court of Appeal may apply to a judge of The Court of Queen’s Bench of New Brunswick sitting in the judicial district in which the judgment debtor resides, or to the clerk of that Court, for an order that the judgment debtor or any other person shall be orally examined on oath before the judge or clerk as to the property of the judgment debtor that is liable to be taken in execution on such judgment or order for payment of money, as to his means of discharging the judgment or order, as to any disposal by him of any property and as to any debts owing to or by him.

30(3)The judge or clerk is hereby authorized to make the order ex parte upon an affidavit or affidavits, showing

30(4)The judge or clerk in and by the order for examination shall fix the time and place for the same, and for the production of any books and documents, and the order may be served anywhere within the Province.

30(5)Each person when served with the order, shall be paid or tendered fees equal to twelve cents per kilometre going and returning between the place of such service and the place of examination.

32(1)The application and orders hereinbefore provided for, may be made and examination had, notwithstanding the judgment debtor or person against whom such an order for payment of the money has been obtained may be under arrest, or has given bail to the limits, or brought himself or herself, or been brought under the provisions of any Act of the Legislature relating to assignment or insolvency.

32(2)At the time and place in and by said order appointed for the examination, the debtor or any other person ordered to be examined may, before being examined, show cause why the order for examination should be rescinded, and if sufficient cause is shown, the judge or clerk shall rescind such order.

32(3)If the order is not rescinded, the debtor or other person may be examined forthwith, or the judge or clerk may adjourn the examination and may at any time adjourn the further examination of the debtor or other person, to a time and place to be by him specified in the order for adjournment.

32(4)The examination of the person so to be examined shall be conducted in the same manner as in the case of an oral examination of an opposing party.

34(1)Notwithstanding anything herein contained, a court or judge may enforce the payment of any money ordered to be paid by such court or judge, by attachment, and in any case the party arrested may give bail to the limits, and has the right to apply for the benefit of any law for the relief of insolvent confined debtors.

34(2)Any person arrested upon such an attachment whether held in close custody or upon the limits, may at any time, on not less than forty-eight hours notice to the opposite party or his attorney of the time and place of examination, if such opposite party or his attorney resides in the county in which the examination hereinafter mentioned is to take place, and if not so resident, then on not less than six days notice to such opposite party or his attorney, be examined upon oath before a judge or clerk of The Court of Queen’s Bench of New Brunswick in the judicial district in which such person is in custody, for the purpose of making a disclosure of the state of his affairs.

34(3)If such judge or clerk is satisfied on such examination, and on hearing any evidence that may be adduced on either side, that the applicant had made a full disclosure of the state of his affairs, and of all his property rights and credits, and that he has not, either before or subsequent to his arrest on such attachment, transferred any property intending to defraud the party procuring his arrest, or since his arrest given any preference to any other creditor, and that he has no property other than property liable to be taken in execution out of the court in which he was arrested, such judge or clerk may, by order, discharge the applicant from arrest and imprisonment under such attachment, and if not so satisfied shall refuse to make any order for discharge, and if necessary may remand the applicant into the custody of the jailer or other officer, as the case requires.

34(4)No person arrested under an attachment for non-payment of costs, or any other purely money demand, shall be detained in jail or upon the limits for more than six months from the date of his arrest, and at the expiration of that period any limit bond given by a person arrested under such attachment, in order to obtain privilege of the jail limits, shall be void and be cancelled, but nothing herein contained shall affect or prejudice any right of action which may previously have accrued for any breach of the bond.

34(5)Any discharge granted under this section shall not amount to satisfaction of the claim for non-payment of which such attachment issued, or affect the right of the party obtaining such attachment thereafter to levy upon the property of the defendant by execution, but the party who obtains such attachment may at any time after such discharge issue execution, in the form prescribed by regulation, against the property of the defendant.

37(1)Arrest and imprisonment may be had and allowed for

37(2)No person shall be imprisoned in any case excepted from the operation of section 36 for a longer period than one year; and nothing in this Act alters the effect of any judgment, except as regards the arrest and imprisonment after judgment.

37(3)Nothing in section 36 shall be deemed to limit the power of imprisonment for contempt of court or for disobedience of any order for examination of a judgment debtor or witness in any case where such order is by law allowed.

41(1)The order of commitment, in the form prescribed by regulation, may be issued on an ex parte application of the plaintiff upon oath, or upon summons and hearing both parties upon oath; but no such order shall be issued ex parte unless it is clearly made to appear by affidavit to the satisfaction of the court or judge that the party against whom the order is sought is immediately about to leave the Province.

41(2)If an ex parte order is made, the debtor may apply to the court or judge that issued the order, or to any other court or judge that would have been entitled to have issued the order in the first instance, for his discharge, and on notice to the plaintiff, or his attorney, the matter shall be heard upon oath and the order of commitment be discharged, varied or confirmed.

41(3)If an ex parte order is made, the debtor may have the privilege of limits for one week after his arrest, in order to admit of the application for discharge, as aforesaid, notwithstanding that such order for commitment is expressed to be without privilege of bail to the limits.

41(4)On any hearing under this section, the testimony shall be reduced to writing and a summons to witness may issue out of the court in which the judgment was recovered, or any court of equal or superior jurisdiction, requiring the witness to attend at such examination, and the same shall be of like force as a summons to witness issued out of such court in other cases.

41(5)Except on an ex parte application, the court or judge may award costs to the creditor or debtor, and if awarded against the debtor, may include the same in the order for commitment, and concurrent orders may be issued for execution in different counties.

43(1)The order of commitment shall direct the immediate payment of the amount for which default is made and costs awarded as aforesaid, and on non-payment of the same that the defendant be committed, and shall state whether the commitment is with or without privilege of bail to the limits.

43(2)Such order shall be obeyed and executed by the sheriff, and on failure of payment the defendant shall be imprisoned according to the tenor of the order, and shall be discharged out of custody upon payment of the amount named in the order.

45(1)If a debtor makes a disclosure, or is brought up for examination under the provisions of this Act after judgment has been obtained and it is made to appear to the judge, or other officer before whom the disclosure is made, or examination had, that such debtor while unable to pay the whole amount of the debt in one sum, is able to pay the same by instalments, such judge or other officer may in his discretion, even if no fraud is shown, make an order that the debtor shall pay the amount of the judgment debt together with any costs of examination that may be awarded against him, forthwith or by instalments, which order shall be served upon the debtor.

45(6)If, after a debtor makes a disclosure or is brought up for examination under the provisions of this Act and an order for payment of a debt by instalments is made under subsection (1), it is made to appear to the judge or other officer before whom the disclosure was made or examination had that the circumstances of the debtor have changed substantially from those existing at the time that such disclosure was made or examination had, that judge or officer may, following re-examination of the debtor or any other person in the manner prescribed in subsection (7) and upon application therefor by the debtor or any person to whom the payment of the debt by instalment is to be made, vary such order for payment of the debt by instalment to such extent as the judge or officer, as the case may be, considers reasonable under the circumstances.

45(7)The re-examination of a debtor or any other person pursuant to subsection (6) shall be had,

45(8)On any application for an order or any variation thereof under this section, the judge or other officer before whom the disclosure was made or examination had shall, in considering the ability of the debtor to pay such judgment, have regard to the property and income of the debtor, as well as other debts due by the debtor, and likewise the amount required for the support of his family or those dependent upon him for their support.

45(9)Failure to comply with the terms of an order or any variation thereof under this section shall, unless good cause is shown to the contrary, render the debtor liable to attachment as for contempt of court, and an attachment may issue out of The Court of Queen’s Bench of New Brunswick on the order of a judge thereof, after notice, and in the case a judge so orders, the debtor in contempt shall not have the privilege of bail to the limits.

46(1)Any order or variation thereof made by a judge of The Court of Queen’s Bench of New Brunswick or other officer under section 30, 34, 39, 41, 43 or 45 is subject to appeal to the Court of Appeal by motion in like manner as an appeal against an order made by a judge of The Court of Queen’s Bench of New Brunswick in a suit therein, and such order may be affirmed, varied or reversed on such appeal, with or without costs, as to the Court may seem just.

46(2)Notice of motion to amend, set aside or rescind such order, shall not operate as a stay of proceedings, but any judge of The Court of Queen’s Bench of New Brunswick may, in his discretion, by such order, stay proceedings until the motion is heard and determined by the said Court.

46(3)On it being made to appear to a judge that there is unnecessary delay on the part of the debtor in having such appeal heard, a judge of The Court of Queen’s Bench of New Brunswick may remove such stay.

46(4)Where the stay has been removed or where the order has been affirmed or varied by the Court of Appeal, the order, as affirmed or varied, may be enforced, and shall run from the removal of the stay or delivery of the judgment of the Court of Appeal, as the case may be.

46(5)Upon the hearing of any such appeal, the Court may decide questions of fact from the evidence sent up on appeal, notwithstanding the finding of the judge or other officer making such order.

46(6)Where any order has been varied or reversed on appeal, no judge, sheriff, jailer or other person, shall be liable to any action, suit, or proceedings by reason of anything done under such order, prior to its being so varied or reversed.

49(1)The Lieutenant-Governor in Council shall make a table of fees to be taken in respect of the matters required to be done under the provisions hereof, or under any of the general rules that may be made by the court as hereinbefore provided, and may from time to time amend or rescind such table of fees, and make other in lieu thereof.

49(2)The Lieutenant-Governor in Council may make regulations