658. Upon a petition presented to the Court, or Judge, at any time before judgment, the defendant may obtain his or her discharge by establishing that he or she is not liable to be imprisoned or by showing that the essential allegations of the affidavit upon which the capias is founded are false or insufficient.
659. In order to decide upon this incidental proceeding the Court of Judge may order the immediate return of the said writ of capias and of the proceedings had upon it, although the day fixed for the return should not yet be arrived.
660. If the contestation is merely as to the sufficiency of the allegations of the affidavit, the Court of Judge may dispose of it after hearing the parties.
But if the contestation is founded upon the falsity of the allegations, issue must be joined upon the petition of the defendant, within 2 days, and independently of the contestation upon the principal demand, unless the exigibility of the debt depends upon the truth of the allegations of the affidavit, in which case the writ may be contested together with the merits of the case.
661. The Court or Judge may disallow the petition, or, if satisfied that the defendant cannot obtain sureties, may order that the defendant be discharged upon some future day.
662. A defendant whose application to be discharged is rejected may appeal from the decision.
663. When the Court or Judge orders a defendant to be discharged, an appeal by the plaintiff has not the effect of staying the execution of the judgment. If the Court of Appeal reverse the judgment discharging the defendant, the plaintiff may have him or her re-arrested by means of a writ addressed to the Sheriff directing him or her to convey the defendant to the Royal gaol.