Excerpt from Pyke's Reports of Cases Argued and Determined in the Court of King's Bench, for the District of Quebec, in the Province of Lower-Canada, in Hilary Term, in the Fiftieth Year of the Reign of George III, 1811

Sewell, Ch. J. It appears, upon the face of the proceedings in this cause, that the plaintiff is an Inn keeper, and the defendant a Lieutenant in the army. The application is for a Capias ad sattsfa ciendam, upon a return of nulla bona, without any affidavit that the defendant is immediately about to leave the province; and upon the sole ground that the Judgment being founded upon two promissory notes payable to the plaintiff or his order, the de fendant is liable to the contrainte par corps. The Ordinance of 1667, Tit. 34. Att. 4. Allows the con trainte par corps pour dettes entre marchands pour fait de la marchandise dont its se melent; and deci sions in the Courts of France have setted that to entitle the plaintiff to the contrainte par corps upon a promissory note payable to order, both the draw er and payee, must be merchants in point of fact, (a)

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