Subject to this Division, a person must not be arrested on mesne process in any proceeding. No. 6387 87 Court may order arrest s. 128. If a plaintiff in a proceeding in which a defendant would (prior to 3 October 1839) have been liable to arrest, shows to the satisfaction of the Court by affidavit (whether of the plaintiff or of some other person)— (a) that the plaintiff has a cause of action against the defendant to the amount of $50 000 or more or has sustained damage to that amount; and (b) that there is probable cause for believing that the defendant is about to remove out of or is making preparations to remove out of ; and (c) that the proceeding will be defeated unless the defendant is forthwith apprehended— the Court may order that the defendant be arrested and imprisoned until further order of the Court or until security is given by the defendant. No. 6387 88 Security to be given by defendant s. 136. (1) The security to be given by a defendant may be— (a) a deposit in court of the amount mentioned in the order (not exceeding the amount claimed in the proceeding); or (b) a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the Court, either one surety or more than two) that if judgment is entered for the plaintiff for the sum named in the bond or any lesser sum the sum for which judgment
Subject to this Division, a person must not be arrested on mesne process in any proceeding. No. 6387 s. 128. 87 Court may order arrest If a plaintiff in a proceeding in which a defendant would (prior to 3 October 1839) have been liable to arrest, shows to the satisfaction of the Court by affidavit (whether of the plaintiff or of some other person)— (a) that the plaintiff has a cause of action against the defendant to the amount of $50 000 or more or has sustained damage to that amount; and (b) that there is probable cause for believing that the defendant is about to remove out of or is making preparations to remove out of ; and (c) that the proceeding will be defeated unless the defendant is forthwith apprehended— the Court may order that the defendant be arrested and imprisoned until further order of the Court or until security is given by the defendant. No. 6387 s. 136. 88 Security to be given by defendant (1) The security to be given by a defendant may be— (a) a deposit in court of the amount mentioned in the order (not exceeding the amount claimed in the proceeding); or (b) a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the Court, either one surety or more than two) that if judgment is entered for the plaintiff for the sum named in the bond or any lesser sum the sum for which judgment
86-110a090.docx