21. Any person who wilfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had been given in open Court and may be dealt with, prosecuted, and punished accordingly. 52 & 53 Vict. c. 49, s. 22, (Imp.).

0. LXIV. rr. 21--25.

807 Penalty for perjury.

808

bound.

22. This Order shall, except as in this Order expressly Crown to be mentioned. apply to any arbitration to which His Majesty the King is a party, but nothing in this order shall empower the Court or a Judge to order any proceedings to which His Majesty is a party, or any question or issue in any such proceedings, to be tried before any referee or arbitrator, without the consent of His Majesty, as the case may be, or shall affect the law as to costs payable by the Crown. 52 & 53 Vict. c. 49, s. 23, (Imp.).

809

Application of

order to

under statu

23. This order shall apply to every arbitration under any Act passed before or after the commencement of these Rules as references if the arbitration were pursuant to a submission, except in so tory powers. far as this order is inconsistent with the Act regulating the arbitration or with any rules or procedure authorized or recognized by that Act. 52 & 53 Vict. c. 49, s. 24, (Imp.).

810

arbitrations.

24. This order shall not affect any arbitration pending at Pending the commencement of these Rules, but shall apply to any arbitration commenced after the commencement of these Rules under any agreement or order made before the commencement of these Rules. 52 & 53 Vict. c. 49, s. 25, (Imp.).

811 "Submission."

25. In this order, unless the contrary intention appears, Meaning of Submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. 52 & 53 Vict. c. 49, s. 27, (Imp.).

ORDER LXV.

BAILABLE PROCEEDINGS.

0. LXV, r. l.

812

1. In case any person is to be arrested and held to bail in Writ of capias. an action, the action shall be commenced by and the process shall be a writ of capias according to the Form No. 6, in Appendix A., Part I. The writ shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action in the same way as a writ of summons is required to be indorsed, and in all other respects the,

0. LXV, rr. 2-7.

Rules of these Orders relating to writs of summons shall apply

[See O. 3, r. 3, where not inconsistent with this Order to writs of capias. C. S. 1903, c. 111, s. 58, am.

ante).

813 Direction of writ.

2. Such writ may be directed to the sheriff of any county in the Province, and shall, except in the case of concurrent Date and teste. writs, bear date on the day on which it issues, and shall be tested in the same manner as a writ of summons, and shall Indorsement. also be indorsed with the amount for which the defendant is to be held to bail, stating whether it is by affidavit or Judge's order. C. S. 1903, c. 111, s. 59, am.

814 Duration of writ.

815 Concurrent writs.

816 Notice on copy.

817 Delivery of writ to Sheriff.

818

Execution of writ.

3. No writ of capias shall be in force for more than two months from the day of the date thereof, inclusive; but every such writ may be continued by alias or pluries, as the case may require, if any defendant therein named may not have been arrested thereon. C. S. 1903, c. 111, s. 60.

4. Concurrent writs of capias may be issued from time to time in like manner and form as the original writ in the action, and shall only be in force for the same period as such original writ, and no longer. C. S. 1903, c. 111, s. 61.

5. Upon each copy of a writ of capias there shall be subscribed a notice to the defendant according to the Form No. 7, in Appendix A., Part I. C. S. 1903, c. 111, s. 63.

6. Every writ of capias, and so many copies thereof as there are persons intended to be arrested thereon, or served therewith, together with every memorandum or notice subscribed thereto, and all indorsements thereon, shall be delivered to the sheriff or other officer to whom such writ is directed, or who has the execution thereof; and the plaintiff, or his solicitor, may, by writing, order such sheriff or officer to arrest one or more of the defendants therein named, and to serve a copy thereof on one or more of the others, which order shall be duly obeyed by such sheriff or officer, and such service shall be of the same force and effect as the service of a writ of summons. C. S. 1903, c. 111, s. 63.

7. Such sheriff or officer shall execute the writ of capias without unnecessary delay, and shall, upon or immediately after the execution of such writ, cause one copy thereof, with the memorandum and indorsement, to be delivered to each

person upon whom he executes the same, whether by service or arrest, and shall immediately thereafter indorse his return on such writ, with the true day of the execution thereof, and return the same to the plaintiff's solicitor, with an affidavit of service, in case any of the defendants named in such writ may have been served with a copy thereof. C. S. 1903, c. 111, s. 64.

0. LXV,

rr. 8-10.

819

where writ

for bail.

8. In all actions wherein the writ shall not be so as afore- No arrest said indorsed for bail, the defendant shall not be arrested, but not indorsed shall be served with a copy of the process within the jurisdiction of the Court, in the same manner as a writ of summons, and such service shall be of the same force and effect as the service of a writ of summons. C. S. 1903, c. 111, s. 65.

820

commence

9. Where after the commencement of an action by writ Arrest after of summons, a defendant is to be arrested, the writ of capias ment of action. shall be in the Form No. 8, in Appendix A., Part I., and so many copies of such writ, with every memorandum or notice subscribed thereto or indorsed thereon as there may be persons intended to be arrested thereon, shall be delivered with such writ to the sheriff or other officer who may have the execution thereof, and who shall, upon or immediately after the execution thereof, cause one such copy to be delivered to every person upon whom such writ shall be executed, and shall immediately thereafter indorse thereupon the time, day and manner of the execution thereof, and the proceedings in any such action shall be carried on to judgment, without regard to the issuing of such capias, or to any proceedings arising from or dependent thereon, and on signing or entering judgment, the plaintiff shall he entitled to tax the costs of such writ or writs of capias and the proceedings thereon, in like manner as if the action had been commenced by capias, together with the other costs incurred and taxable to the cause. C. S. 1903, c. 111, s. 66.

821

discharge of

10. A defendant who shall have been held to bail upon Render in any mesne process, may be rendered in discharge of his bail bail. to the common gaol of any county in which he may be, and the render to such county gaol shall be effected in manner following, that is to say:-The defendant or his bail, or one of them, shall, for the purpose of such render, obtain an order as hereinafter mentioned, and shall lodge such order with the gaoler of such gaol to which the render may be made; and a notice in writing of the lodgment of such order, and of the

O. LXV. rr. 11-15.

Order for render.

822 Render in discharge of

ant in custody.

defendant being actually in custody of such gaoler by virtue of such order, signed by the defendant or the bail, or either of them, shall be delivered to the plaintiff's solicitor; and the sheriff of such county shall, on such render so perfected, be duly charged with the custody of such defendant, and the said bail shall be thereupon exonerated from liability as such. The order for render may be made by any Judge of the Supreme Court of Judicature or of any County Court, or by a commissioner for taking bail for the county in which the render is to be made. C. S. 1903, c. 111, s. 67.

11. A defendant who shall hereafter be in the custody of bail of defend- any sheriff by virtue of any legal process, may be rendered in discharge of his bail in any action depending in the Court, in the manner herein before provided for a render in discharge of bail; and such sheriff shall on such render be duly charged with the custody of such defendant, and the said bail be thereupon wholly exonerated from liability as such. C. S. 1903, c. 111, s. 68.

823

Putting in and perfecting of special bail.

824

Time for putting in special bail.

825 Special bail before commissioner.

826 Exception to bail.

12. In all actions in the Court special bail may be put in and perfected, according to the established practice and these Rules, and after special bail has been so put in the plaintiff may proceed in like manner as if the action had been commenced by writ of summons, and the defendant had appeared thereto. C. S. 1903, c. 111, s. 69.

13. Special bail shall be put in within 20 days after the arrest, inclusive of such day.

14. In all cases where bail is put in before a commissioner, the bail-piece, together with the affidavit of the due taking thereof, shall be forthwith transmitted by the solicitor who puts in the bail to any one of the Judges of the Court; and the notice of bail, in such cases, shall specify the Judge to whom the bail-piece has been so transmitted, as well as the commissioner before whom the bail was put in, and the names and additions of the bail. R. 1, S. C. H. T. 1832.

15. A plaintiff shall be allowed fifteen days, after service of the notice of bail, to except against such bail; and such exception shall be entered with the Judge before whom bail

was put in, or to whom the bail-piece has been transmitted, as the case may be. R. 2, S. C. H. T. 1832, am.

0. LXV,

rr. 16-19.

827

justification

16. A defendant shall be allowed fifteen days, after Time for service of notice of exception, to procure his bail to justify, of bail. or to add other bail, who shall justify within the said fifteen days, unless in either case, upon application made before the said fifteen days expire, the Court or a Judge shall see fit to extend the time. R. 3, S. C. H. T. 1832, am.

17. Bail shall justify in open Court or before the Judge Mode of with whom the exception is entered, notice of justifying justification. being first duly given; and in all cases, when the bail reside more than ten miles from the place where they are to justify, they may justify by affidavit without personal attendance. R. 4, S. C. H. T. 1832, am.

829

of bail.

18. Bail must be housekeepers or freeholders; and Qualification in cases where the sum sworn to does not exceed twelve hundred dollars, must be worth double the sum sworn to; and in cases above twelve hundred dollars, must be worth twelve hundred dollars more than the sum sworn to, over and above their just debts and every other sum for which they are bail. R. 5, S. C. H. T. 1832.

830

19. The affidavit of justification shall be according to the Affidavit of following form,

In the Supreme Court of Judicature.

Between, &c.

A. B. and C. D., bail for the defendant in this cause, severally make oath and say, and first this deponent, A. B., for himself saith, that he is a housekeeper (or freeholder, as the case may be), residing at (describing particularly the place of residence); that he is possessed of property to the amount of $ (double the amount of the sum sworn to, if under $1,200, and if above $1,200, the amount of the sum sworn to, and $1,200 added thereto), over and above all his just debts (if bail in any other action add), and every other sum for which he is now bail (if not bail in any other action add), that

justification.