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 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
I 
 
 THE 
 
 DIVISION CflORTS ACT 
 
 CJHAPTER (il 
 
 REVISED STATUTES OF ONTARIO, 1891 
 
 CAREFL'LLY ANNOTATED ; 
 
 -ALSO — 
 
 'I'llK XKW in:\ ISKl) lUTLKS AX!) I'OILMS 'l'()(;ETHER \VTT}1 A 
 
 KEVIHW OF rilK TAini K OF FHKS OF CLERKS AM) 
 
 liArLlFFS, WITH KIEL IXSTUICTIOXS TO THE 
 
 OFFICERS OF THE COURTS OX (,>rESTTOXS 
 
 MOST Ei;E<ilEXTEV ARISIXC IX THE 
 
 COl'RSE OF THEIR DlT'lES. 
 
 HY 
 
 W. H. HIGGINS, 
 
 Of the Department of the Iiinpector of Diiii^ion Courtis. Author of 
 " The Diviaion Court Ilaiulhook," etc., etc. 
 
 TOROXTO : 
 THE CARSWELL COMPANY, Limited. 
 
 181)8. 
 
•J i 
 
 '4/ 
 
 If I -> 
 
 : 
 
 ,1 
 
TO 
 
 ; 
 
 THE HONOURABLE 
 
 5aichai-l) iQarcom-t, MX, CQ.C, M- 
 
 THIS WOllK 
 
 IS, 
 
 WITH HIS PERMISSION, 
 
 RESPECTFULLY INSCRIBED. 
 
INTRODUCTION. 
 
 ^^ \ i/IIV can wi' not liavo a book containing Tiio Division 
 Coiu'ts Act anil all amendments thereto, and the Hides 
 and l-'onns, and the Tariff, and the Descriptive Limits ot 
 Divisions, llu' plact' Vt'hore the Court is lield and post-oflicc 
 address of the oflicers, and other necessary information and 
 particulavs I'tlatinu: to Division Courts, all in one volume > " 
 
 Such was the question, or rather complaint, frequently 
 addressed to the writer, who has had it urt,'cd upon him lo 
 undertake the task. And the result is the present work. 
 Whatever may l)e its demerits in other respects — and theauthoi- 
 is very conscious of his own shortcominjj;s — an earnest endeavoui' 
 lias i)een made to su|)ply the information called for as fully as 
 [lossible witliin lioth tlu' covers of the same hook. 
 
 The luuterial changes in j^^arnishment and other proceedings 
 iutroiluced in the amendiny Acts of last session are noted in 
 the proper place in the Act as consolidated, and the amending 
 Acts are also i^iven /// i riinsn in the pages following immedi- 
 ately after the, Act. Certain other statutes having close reference 
 to ordinary practice in Division Courts are also given — their 
 introduction, it is conceived, being warranted by that fact. 
 
 It is hoped that the annotation of sections of the Act, the 
 observations on the Rules, the discussion of items of the Tariff, 
 and the general iiiformation sought to be given, luay i)rove 
 helpful to suitors and otllcers of the Courts, useful to the pro- 
 fession and of interest to the general public, — for, however lu' 
 may have failed in his work, such was certainly the strong and 
 earnest desire that animated 
 
 Thk Author. 
 
 Toronto, May, 1^!J8. 
 
 
THE 
 
 DIVISION COURTS ACT 
 
 OF THE 
 
 PROVrNCE OF ONTARIO, 
 
 BROUGHT INTO FORCE ON THE 31 ST DECEMRER, 1897. 
 
 CHAPTER 60, R. S. 0. 
 
 HER MAJESTY, by and with llio advice and consent of 
 tlie Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1 . This Act may be cited as The Division Conrts Act. f^i'ort title 
 E. S. 0. 1887, c. 51, s. 1. 
 
 [The department for the inspection of Division Courts 
 
 was estabhslied some twenty-five years a<T0. It is now (i 
 
 branch of the (le])artment of tlie TTon. the Provincial Troa,- 
 
 surer. ^\r. Joseph. Dickey, the inspector, has acceptably 
 
 filled the office since 1873. Altofrether there are at the present 
 
 time 321 clerks and 3.^)2 bailiffs, and as new Conrts are 
 
 opened, es]iecinlly in tbe new districts, the nnmber of course 
 
 increases. In some of the divisions it is found necessary to 
 
 a])iioint more than one bailifp of the Court, and thus the 
 
 preponderance of the number of bailiffs over the clerks. 
 
 From each of these periodical returns are required to be 
 
 made, and from Avhich the figures giving the large mass of 
 I) c.^. — 1 
 
 I 
 
DIVISION COrilTS ACT. 
 
 jiil'ormatinii cnnliiiiu'd in the iiniiiial ro|t()rts nro (abiiliUoil 
 and coiiiijilod. All complaints a^fainsi oiru-cM's aro made ili.j 
 snhjiHt of prompt cnqniry by the inspector. Tho dcpartiin'iii 
 is more than self-sustaining, When first estaldished, it IuhI 
 been taken for granted that tho cost of inspection would 
 become a i)ermanent cluirgo upon tho consolidated revenue of 
 file Province. This view has proved quite erroneous. Tiic 
 percentages payal)le by clerks npon their fees and emolu- 
 ments are not only sulliciont to ])ay all expenses incurred in 
 inspection. l)ut l>ring also a tidy little sum every year in 
 provincial revenues. To i)eople Avho regard tho Divisimi 
 Courts as " a bill of expense "; and, who, without information 
 or eiKpiiry upon their part, are dis|)osed to utter words of 
 condemnation against them, this will be somewhat of a sur- 
 prise, as will also be the following facts and figures giv(Mi in 
 a late annual report of the inspector: 
 
 In a given year there were reported entered in the Su- 
 perior Courts of Ontario, 7,041 cases. 'I'he nund)er of judi:- 
 ments obtained was 2,423, for a total of $2,.-)00,000. In all 
 the County Courts of the l^rovince there were entered '\u-\ 
 3,800 actions, for the same period, and the total amount i.u' 
 which judgments were entered, $453,408. 
 
 Tn the Division Courts, for the same year, tho retuiuis 
 show suits entered (13,054 (exclusive of transcripts of judg- 
 ments and judgnu'ut summonses), and the total amount of 
 claims to be $2,447,1 !)n. 
 
 These figures will help to a realization of the relative 
 importance of the Courts. Very different indeed to the [m- 
 ture presented by the old Court of Requests, as a means of 
 collecting small debts, and supplanted in turn by 4 & 5 \'. 
 c. 33.] 
 
 interpreta- 2. In the construction of this Act, "county" shall iii- 
 
 "county. " elude two or more counties, united for judicial purposes; and 
 
 in any form or proceeding tho words " united counties " 
 
 shall be introduced where necessary. H. S. 0. 1887, c. 51, s. •.*. 
 
 i 
 
 4 
 
 
THE COURTS — SKAl.S. 
 
 lal)iiliiii'(l 
 iiiiidc lij.j 
 
 l)ill'tlllrli( 
 
 k1, it liiii] 
 )ii would 
 cvomio of 
 
 •us. 
 
 lie 
 
 (1 eniolii- 
 oiirrod in 
 y year to 
 Divisidi) 
 roriiiatidii 
 words of 
 of a siir- 
 
 glVCM III 
 
 \ the Sii- 
 of jiidL;- 
 ). in nil 
 crt'd jii>t 
 lount Inr 
 
 'i rot urns 
 
 of indi:- 
 
 nouut (if 
 
 ! rolalivc 
 
 ilic pic- 
 
 inoans of 
 
 I & .-. V. 
 
 sliall in- 
 oses; and 
 oiintics " 
 I. 51, s. -i. 
 
 i 
 
 i 
 
 
 THE COURTS. 
 
 ;{. The Division Courts, and tlio limits and extent thereof [j',*uoif°°"' 
 cNistiiifr at the time this Act takes effect, shall continue until 
 altered hy law. R. S. 0. 1887, c. 51, s. 3. . ■ 
 
 4. There shall not ho less than three nor more than twolve ^',\\',',;['^''r/'' 
 Division Courts in each county, of which Division Courts u''ch^ 
 tiiere shall he at least one in each city and county town. 
 IJ. S. 0. 1887, s. 51, s. 4. 
 
 a. The Court in each division shall he called " The First {];;;';«','*• 
 Division Court in the county of ," ^^""*''- 
 
 (or as the ca?e may he). R. S. 0. 1887, c. 51, s. 5. 
 
 [The County Jud^e, the sheriff, the warden of the 
 county and the ins]>ector of Division Courts may alter the 
 numhers and limits of Courts and estahlisli new Courts and 
 cam-el existing Courts. See section 15. The Courts are, in 
 most cases numhercd consecutively, heginning with that of 
 the connty town. There are, however, in this case as in most 
 others exceptions to the general rule. Elgin, Ilaldimand, 
 Lincoln, Nipissing, Northumherland and Durham, Stormont, 
 Dundas and Glengarry, and the county of Victoria are the 
 exceptions. And in comities where Courts happen to be 
 dropped, the cancelled number is skipped over to the next 
 recurring numl)er, as in Algoma, from 4 to G, and in Hast- 
 ings, from Xo. 7 to 9. 
 
 SEALS. 
 
 «. Every Division Court shall have a seal, with which all EaciiCoiut 
 
 '' 'to liave 
 
 process of the Court shall be sealed or stamped, and such seal "■ ^uai 
 shall be paid for out of the Consolidated Revenue Fund. 
 ]^ S. 0. 1887, c. 51, s. 6. 
 
 [Applications for seals should be made to the inspector 
 of Division Courts, by whom accounts for seals supplied are 
 certified and sent to the Treasury Department for payment. 
 The seals now adopted by Division Court clerks for their 
 Courts are the metal lever stamps in use, and by which an 
 
DIVISION CorUTS ACT. 
 
 Not to 1)6 
 C mrts of 
 Kecunl. 
 
 Tiuio mill 
 lilacn of 
 liokliiiK 
 Courts. 
 
 iiiiprossioii is nindo on 1ln> process issued IVom thcji- c,,, ,|^ 
 «l)e\vinjr the miiiihcr of the Court nnd county, suniiui! ,.,] 
 by 11 {-rown.] 
 
 7. Tlio Division Courts shall not he held to con>iii.ito 
 Courts of iiN'cord, hut the jud«fnients in the said (V)iirls ||| 
 have the same force and ell'ect as jud<,Mnent!i of Couii- of 
 Kecord. 11 S. 0. 1887, c. 51, s. 7. 
 
 (Courts of IJecord are defined to l)e those where il;e 
 judicial acts and proceed in<;s are enroUed for a perjM'in.il 
 uieMioriai and testimony — \.-liich rolls are calh'd r"c<u'iN i.i 
 the Court, and are of such hioli and super-eminent iiuthoMiv 
 that their truth is not to ])o called in question. 
 
 In Division Cdurts a jiid^nient may l)e recalled aiKi a 
 leini imposed, ny a eiianjic made at any time hefore a jii-iu-- 
 ment found is entered, 
 
 A judjiiuent in a Division Court is a bar to an action 
 on the same subject matter in any other Court. .\ defeiidant 
 against whom a judgment has been recovered is est..|,|„.(l 
 from denying the indebtedness found to be due on jlie jmlir- 
 nient. Such judgment hears interest, tlie sime as a ju, la- 
 ment of a Court of l?ocord.] 
 
 HOLDING COURTS. 
 
 H. A Court must be holden in each division )nce in e\( rv 
 two months, or oftener, in the discretion of the senior oy the 
 acting County -ludge; and the dndge may appoint, and iVum 
 time to tinu' alter the times and jjlaces, within such divi.-hni-;. 
 when and at which such Courts shall be holden. ]■!. S. o. 
 
 1SS7, c. r,i, s. s. 
 
 [Sittings may be reduced npon application t(» the 
 Lieutenant-Governor in Council. A Court must be held mice 
 in six months. In provisional judicial districts a Court niii4 
 be held once in three nH)nths, with the sanu^ discretiouniy 
 powers. Tn each of the two Courts of Toronto (F. and \'. 
 York) there must be weekly sittings, at least. See section t".] 
 
 f 
 
 K. 
 
 M 
 
ii()i,i>iN<i conns. 
 
 'ir Cm !|<^ 
 ii'inoii iw.^l 
 
 coii^tiiiito 
 
 porjM'iiial 
 •vc-nrds (,' 
 iiialidi iiv 
 
 t'<l aiKi a 
 ■V il Jii-i--- 
 
 an iictmn 
 
 ll('t"fl|(l;l||t 
 t'St(i|P|ii(l 
 
 the in'!;:- 
 - a iii.lir- 
 
 ' m (■\( rv 
 ior ()!• ill" 
 
 1111(1 iVuIll 
 
 (livisiniis, 
 v.. s. (). 
 
 n in till-' 
 U'ld nlico 
 
 'iirl iMi'-t" 
 ■re<i(Ui.iry 
 . and \'. 
 ition I".] 
 
 II. NohvithstnndiiiK anytliint,' t-ontiiinod in this Act, or /^f,|;'^J'f„ 
 any ol' tlio goiK'nil rules now or lu'roaftcr in forco in the ;;||,';,',';;"J|'> 
 Division Courts ol' this I'roviiuc. in any city in whii-h two ;j;^f,.'«^,,, 
 Division Courts are estahlished or held, all or any ol' the sit- 
 tiui-s ,d' hoth ol' sueh Courts may i»e appointed and ".ehl in Ai>p;'';;/- 
 either of «uek divisions, and the clerks ol' hoth Courts niay, H'j;;'; <f, 
 Mitli the approval of the J.ieutenant-Ciovernor in ^'ouneil, '.'/.y/^^''^'/^,.^ 
 have and kecji their olVu-es in t'e same division in such city, 
 and the Lieutenant-(}overnor in Council may designate and 
 niipoint the place within any division in the Province where 
 the oilice of the clerk of such division shall he situated. U. 
 8, (). ISSr, e. .■)!, s. !); aT \'. c. Ji.'i, s. !). 
 
 I Ip to the [lassing of the amending Act, o"i V. c. 'i'-), the 
 ^]u(\'^^' had the [lower to designate the place of the clerk's 
 oilice. I'.y section !) of that Act this power was placed in the 
 Lieutenant-Governor ill Council.] 
 
 lO.— (1) In each of the Courts of the two divisions of siumRH^u 
 the city of Toronto, known as the First and Tenth Division 
 Courts of the County of York, at least weekly sittings shall 
 he liehl, except during the month of August, for the trial of 
 causes; and in each of the said two Division Courts at least 
 monthly sittings for the hearing of judgment summonses; 
 and also sittings at least every two n-onths for the trial of 
 cases where juries have been demanded. 
 
 [This ])rovision was introduced into the Division Courts . 
 Act by 54 V. c. 1."), s. 3. It is now made section 10 of 
 1{. S. (). KSDT, and divided into sections 1 and 3.] 
 
 (2) The Judges of the County Court of the County of . 
 York, or any two of them, of whom the Senior Judge shall 
 be one, may ajipoint additional sittings for any of the above 
 purposes, and the Lieutenant-Ciovernor in Council also ghall 
 have authority to ai)point other sittings for any of the said 
 }»uri)oses. 5-1 V. c. 15, s. 3. 
 
 II — (1) The municipality in which a Division Court Jivision 
 
 ^ ^ I J Courts 
 
 is held shall furnish a court room and other necessary ac- accommo- 
 commodation for holding said Court, not in connection with 
 an hotel. 
 
6 
 
 DIVISION COURTS ACT. 
 
 io*pmper° *^^) -^'^ '^'^^^ ^ pi-opor cniiT't rooiii, and other iiooessa,>- 
 
 [;^oj"*^[^'°"' accoininodiition for (ho hohling of tiio Division Court inv 
 
 iiohf comt ii^'t furnislic'd hy the munieipality in wliicli the Court is h.'M, 
 
 abk'pia"!'!" tilt! JiKlge may hold the Court in any suital)U? place in tl,,. 
 
 division, or in any other division of the county in wlii,li 
 
 suitable acconnuodation is ])rovided; and the owner, lessee ny 
 
 tenant of the Innhhiig in which the Court is so held, shidl Im; 
 
 eniilled to receive from the niunieipality whose duty it was 
 
 fmreuT.^ t<> ju'ovide ])ro|ier accommodation for the Coui't, tlie sum m 
 
 $5 for every day on which the Court is held in the huildiii^. 
 
 judgeto (3) Whei'o a municiiialitv, not Ix'in"- a town or ciiv. I'ln-- 
 
 costsiii nishes a court room and otiier mcessarv accomiiiodaiion I'm- 
 
 certain 
 
 cases. a Division Court as aforesaid, or ptiys any owner, lessee or 
 tenant for the use of any huildin;;-. it shall he (Mititle(| lo 
 recover from any other municipality, wholly or partly, within 
 the division for which such Court is held, such reasonalih^ 
 shair of the cost of providinji" accommoihition for iKtMin^ 
 tlie Conrt as shall in that lichalf he decided and ordered hv 
 tile Judge of the said Coni't, to he paid and contrihuted l)v 
 the Jatter munici|)alily: and in every such ease tlie total co>i, 
 of providini, such accommodation for holdin.u' the Coeil shall 
 be deemed to be $-") for every day on which tin; Court is 
 held. 1{. S. (). ISSr, e. 50, s. 10. 
 
 [Where munici[)alities ne<ilect to provide suitable ai- 
 eonnuodatiiin, the .lud<^-e, it will lie seen, has aiu[»le power to 
 make a selection eitliei' in.-ide or outside the division, j 
 
 Use of 
 
 Court 
 
 House. 
 
 Ili. 'Jlie sittini^s of the I )ivision Court in a count v tnw n 
 may be held in the county couii house, and in the eases oi' 
 cities and towns separated from the county, the use of liie 
 conrt house for such purposes may he taken into aceonni in 
 settling the pro])ortion of the charges to he paid by the ciiv 
 or town for the maintenance of the couii. house. ]{. S. i). 
 1887, c. .-.1, s. 11. 
 
 [Tn most towns and villages a town hall is made con- 
 vcnienlly available for holding Court. Tiie ,'udge has the 
 right to hold the sittings of any Division Court ii; the county 
 town at the court house.] 
 
HOLDING COURTS. 
 
 Court iiiv 
 
 irt is lu'lil, 
 
 iK'c in till. 
 
 ill whicli 
 
 ', lessee (I I' 
 
 (1, sliali 1.,. 
 uty it was 
 he Slim (,i' 
 ' laiildiiii^. 
 
 city. I'lii'- 
 lalidii I'di- 
 , lessee (ir 
 ntilled lo 
 ly, wiiliin 
 'oasoiiaMe 
 r liojilin^; 
 rdel'eil !iv 
 ibuted l)v 
 total cdsi. 
 nert shall 
 
 ("oiirt is 
 
 itahje ai'- 
 |H>\vei' to 
 iMi. I 
 
 mty tdwii 
 ' cases (){ 
 se of the 
 •einml ill 
 ■ the cilv 
 ]{. S. (). 
 
 ado cnn- 
 ' has the 
 coil II iv 
 
 i 
 
 1» Tf the Justices of the Peace for any county, in Gene- Tif^J^^f"- 
 ral Se-ions asstMubled, certify to the Lioutenant-Clovernor «--»- 
 that in any division of rhe connty, from the amount of husi- --t-" 
 nes! ro.notcness or inaccessibility, it is expedient that the -uiate^, 
 CouJ-t should not he held so often as once in every two coun. 
 months, the Lieutenant-Governor in Council may order the 
 Conrt to he held at such periods as to hiui seems I'l^^-'t, aud 
 may revoke the order at pleasure, hut a Court shall be he d 
 in the division at least once in every six months. K. h. O. 
 ISSr, c. ^vl, s. 13. 
 
 [A cmni.liancc with the re(iuirements of this section will 
 be-the cortiticate to be signed by the magistrates assemb ed 
 at the (General Sessions; the amount of business done and the 
 remoteness or inacc(«ssil)ility of the fV>urt must bo established 
 satisfactorily.] 
 
 14 The clerk of the peace, in a hook lo be kept l)y liim, c|e,w 
 shall record the divisions declared and appointed, and the t;;^^;™^^ 
 lime and place of hohling the Courts, and the alterations .;};-;- 
 from lime to time made therein, and he shall forthwith from^— 
 time to time transmit to the inspector of Division Courts a 
 copy of the record. H. S. O. 1887, c. 51, s. 20; 55 V. c. U, 
 
 s. o. 
 
 [This is a new duty imposed upon clerks of the peace 
 that should not lie neglected by them.] 
 
 I5._(l) The County Judge, the sheritV, the warden of Ai;;;;;'^tion 
 the county and the Division Courts inspector may, subject to ^^^^^^^^^ 
 the restrictions in this Act contained, appoint, and from time 
 to time alter the number, limits and extent of every division, 
 and shall number the divisions, beginning at number one, 
 but no resolution or order made under the provisions of this 
 section shall be altered or rescinded, unless public notice of 
 the intention so to alter or rescind, or that ai)plication will 
 In. nnuU" to alter or rescind, is made and proclaimed in open 
 Court at the next previous sittings of the General Sessions 
 of the Peace. 
 
 I 
 
8 
 
 DIVISION COUIITS ACT. 
 
 If JlldRC 
 
 (2) The Judge sliall cause tlie sherifl*, wardc 
 
 insi 
 iiiav 
 
 failsto v-/ -— o- - ---- , -Cn and ii;. 
 
 "°s'')oc'tor ''^l"^'^'^oi' ^'* ^'^' uotilied of any a))i)lic'ati()n, aud of the time ai;:i 
 do so. place at which the same wiJl be eoiLsidered. 
 
 Provided that wliere tlie Judge fails to notify the shoriH'. 
 warden and inspector as aforesaid wirhin one month after 
 iJie sittin<i;s of tiie General Sessions of the Peace, the insjx'c- 
 tor niay iix tlie time and })]ace for considering the applicatioii 
 and notify the Judge and sheriff accordingly. 
 
 [The ])roviso authorizing the ins])ector to notify the 
 other niemhers in case the Judge should fail to do so, \va> 
 introduced in tiie Amending Act of the session of the Legis- 
 lature, til \'. 1S\)S, after the ])romulgati(m of the P. S. (). 
 
 A sli)) ajjpears to have been made in dropping the "• war- 
 den," and including only the Judge aiul sheritf as the otlicials 
 to l)e notified by the ins[)ector. 
 
 In districts, wlu're the Judye fails to give the iKtticc 
 there would of course be oidy tiu' Judge and sbcrilV to be 
 notified by the inspector, as properly ))rovided by section ; 
 of the amending Act, which reads as follows: 
 
 T. Su1)-section .'3 or section 5,5 of the T'norganized Ter- 
 
 subVs.'a, ""ritory Act is amended bv adding tlicreto the foilowin.-- oro- 
 
 Kev. Stat. 
 C.1U9, s. 55, 
 
 viso: — 
 
 " Provided that where the Judge fails to notify the she- 
 rilf and inspector as aforesaid within one nu)nth after the 
 sittings of the (ieneral Sessions of the Peace, tiie inspector 
 may iix the time and i)lace for considering the application 
 ami notify the Judge and sheriff accordingly."' 
 
 Proclamation of the notice of ui)plication or intention 
 to aher, in open Court, at tlie "next previous sittings ""„f \hr 
 sessions is an indispensai)h' pre-re(iuisite to anv action de- 
 sired to be talven. The notice .should set out fu'jiv and i)ar- 
 ticularly ihe projiosed changes and the limits ami extent of 
 tlie divisi.ms to be affected. It should also be entered by the 
 clerk of the peace in a book to be kept by him, so that in the 
 ovent of a change being made there would be a proi)er record 
 to which future reference could ])o made. 
 
?n and in- 
 e tiine aiii 
 
 the shon'ir. 
 oiitli after 
 he iiispcc- 
 ipi>Hc-ati(ih 
 
 iiolify th.' 
 h) so, \va> 
 the Loifj.s- 
 R. S. (i. 
 
 tlie "• war- 
 lie ollieials 
 
 he notice. 
 
 ■riir to he 
 
 section "; 
 
 lizcd Tei'- 
 \vin_y pro- 
 s' the slic- 
 after the 
 in,s|ieetor 
 ppiication 
 
 intention 
 ;'s '" of till' 
 iction (le- 
 and ])ar- 
 extent of 
 od hy tile 
 lat in tlie 
 ler record 
 
 HOLl)lN(i COURTS. 
 
 Tlic inspector favors the widest possil.le publicity and 
 publisliinjv the notice in the newspapers, so that all interested 
 or ail'eeted may have a cliance of appearing before the board. 
 
 The ord(>r made should be entered by the clerk of the 
 peace in the book already referred to, and a copy sent by 
 hi.n to the department of the inspector of Division Courts 
 at the same time. A majority of the board may act and 
 decide.] 
 
 1«_(1) The Judge of a County Court may, in his 
 discretion, upon the petition of any municipal council of any 
 township or united townships, in which no Division Court 
 bas already been established, praying that a Division Court 
 may be established in and for such township or united town- 
 ships, establish and hold a Division Court therein, and the 
 Court so established shall be numbered and called the 
 Division Court of the county in wliich such township or 
 united townships is or are situated, taking tlie number next 
 after the highest number of the Courts then existing in such 
 county. 
 
 (2) Xo l)usincss shall be transacted in such Court until 
 after the estal)lishincnt thereof has been certified by the 
 County Judge to tlie Lieutenant-Governor in Council, to- 
 gether witli the petition praying for the same, nor until after 
 an order has been passed by the Lieutenant-Covernor m 
 Council a[)proving tlier.3of. K. H. 0. 1887, c. ol, s. 1-i. 
 
 [This section is nullified by the conditions of sub-section 
 2: and as it is never acted upon, might as well be struck out 
 .)f the Act.] 
 
 17. ^Vllere a Junior county separates from a senior 
 county, or union of counties, the Division Courts of the 
 united counties which were before the separation wholly 
 within the territorial limits of the junior county, shall con- 
 tinue to be Division Courts of the junior county, and all pro- 
 ceedings and judgments shall be had therein, and shall con- 
 tinue proceedings and judgments of the said Division Courts 
 respeciively: and all such Division Courts shall be known as 
 
 ^ 
 
 Kstabliali- 
 uiciit by 
 the County 
 .Tiidno of a 
 Division 
 Court in 
 townshijiH 
 on petition 
 of Town- 
 shii) Coun- 
 cil. 
 
 Court must 
 booontirni- 
 e(i by Lieu- 
 tenant- 
 (iovornor 
 in Council. 
 
 On separa- 
 tion of 
 juniorfrom 
 senior 
 county, 
 Courts to 
 continue 
 same till 
 altered by 
 County 
 Board. 
 
10 
 
 DIVISION' COUItTH Af;r, 
 
 M : 
 
 Onn.lt(>rn- 
 tiijii of 
 (livisions, 
 .liulf,'e to 
 (liioct ill 
 wlint Couit 
 proceed- 
 iiit;s to lio 
 
 COlltilUIlHl. 
 
 Clerks niid 
 oilioers to 
 deliver 
 Iiapers to 
 siicli per- 
 sons as 
 .Iufi^,'e 
 directs. 
 
 After Rejia- 
 
 ration of 
 
 junior 
 
 frouisen'or 
 
 connty.pro- 
 
 ceedin^is in 
 
 certain 
 
 cases to be 
 
 continued 
 
 in Fenior 
 
 county. 
 
 Division Courts of ,«iicli junior county by the same numln.is 
 respectively as they were liei'ore, until the Judcre of tlio 
 county, the slierilT, the warden of the county and the insix, . 
 tor of the Division Courts, appoint the number, limits an,! 
 extent of the divisions for Division Courts within the limits 
 of such junior county, as provided in sectioTi i;5 of this \,-\ 
 U. S. 0. 1887, c. ,51, s. 1.-.; 55 V. e. A2, s. IK (5), part. S,.,. 
 also c. l^2;5, s. 53 (.5). 
 
 I The senior eounty is taken to l)e that in which th.> 
 courtliou.so ai:d gaol are situated |. 
 
 IS. Where the Judge of the couidy, the .sherifT, the 
 warden of the county, and tiie ifisjiector of Division Courts 
 alter the number, limits or extent of the Division Courts 
 within such county, all ])roceedings and judgments had in 
 any Division Court before the day when siu-li alteration 
 takes eH'cct shall he continued in such Division Court o<' ihc 
 county as the .liidgc directs; and shall be considered ]tro- 
 ceedings ami judgments of such Courts. 1{. S. (). ISs^, c. 51 
 
 s. 1(). 
 
 UK In case a junior county is separated from a uninn 
 of counties, or the proceedings of any of the Division Coniis 
 of a senior county are transferred to another Division Conn 
 within the county upon the order of the -ludge, the clerks or 
 other otlicers of such Division Courts who hold aiiv writs oi' 
 documenis appertaining to such Courts, or the business 
 thereof, shall deliver up the same to such ]iersons as tlie 
 .rudg(> directs, and any pers(m refusing to deliver u|) the 
 same shall lie liable to he pi'oceeded against in the same man- 
 ner as persons wrongfully holding papers and docnmenis iiu- 
 <ler the provisions of section 5-.^ of this Act. 1». S. ( ). ISST, 
 c. 51, s. 17. 
 
 20. If after the scjiaration of a junior county from a 
 union of counties, the territorial limits of any of the Division 
 Courts of the former union are partly within the junior and 
 partly within the senior county, all proceedings commenced 
 in such Division Courts of the former union shall be con- 
 tinued to completion in the Court where the proceedings 
 
HOLDING COURTS. 
 
 11 
 
 1^0 of til,. 
 lie iiispi, . 
 limits iiiii! 
 tlio liiiiii, 
 '■ (lii.s Ad. 
 part. S(.,. 
 
 uliich ih,. 
 
 liorilT, tile 
 311 Courts, 
 on Courts 
 ts liiu] in 
 altoratidii 
 iirt o'' 1fi(. 
 civd jii'o- 
 
 1 a uiiii.ii 
 »n ( 'oiiMs 
 
 nil Coill'l 
 clerks uf 
 ■ writs (11' 
 l.usiiicss 
 IS as the 
 y u\) ilic 
 mo luaii- 
 lonts u!i- 
 (). iss:, 
 
 V fi'om a 
 Division 
 nior aiid 
 nuuMiccd 
 
 1)0 C(»II- 
 
 ceedinus 
 
 were oi'iginally commenced, or in such other Division Court 
 of the senior county as the Judge thereof directs; and the 
 clerks and other ollicers of the said Division Courts of such 
 senior county in possession of any writs or documents appcr- • 
 taining to any such Court or to the husiness thereof, shall 
 deliver over the same to the clerk of such Division Court of 
 such county as the Judge thereof directs. K. S. O. 1887, c. 
 51, s. 18. 
 
 [Proceedings in suits are to he continued as the Judge 
 shall direct. 
 
 Clerks and ofhcers to deliver up papers as the Judge 
 shall order. 
 
 After separation proceedings in certain cases to he con- 
 tinued in senior county]. 
 
 21. Tnlcss the I.ieutenant-Governor by proclamation Uos^uiaUou 
 fixes the numl.er, limits and extent of the Division Courts s.,mmti^^^^^^^ 
 lor tlu" juni.n- cnunty, the Judge of the county, the sherilT, 
 the wardo]! of the county and the inspector oi! Division 
 Courts, at a u.eeting to he called for the purpose, or at any 
 adjourned nuH'ting, shall, ^vithin three months after the is- 
 suin.r „f a ])r(.clamation for separating a junior from a senior 
 cou.dv, api-oint the numl.er (not less than three, nor more 
 than twelve), the limits and extent of the several divisions 
 within such county and the time, when such change of 
 divisions shall take place, and no resolution or order made 
 „„dc.r the provisions of this section shall ho altered or re- 
 scinded, unless puhlic notice of the intention so to alter or ■ 
 rescind is made and i-roclaimed in o].en Court at the next 
 previ<nis sittings of the Ceneral Sessions of the Peace. R. 
 S. 0. 1887, c. 51, s. 10. 
 
 [As it is very unlikely that the proclamation of the 
 Lieutenant-Governor would go farther than declaring the 
 sejiaration, the County Board, that is the Judge, the sheriff, 
 the warden and the inspector, shall, within three months 
 after proclamation made, fix the number and limits of the 
 new divisions]. 
 
 i,» 
 
12 
 
 DlVlsrON COURTS ACT. 
 
 County 
 Court 
 JudKus to 
 preside. 
 
 Junior 
 
 to liold 
 
 Division 
 
 Courts. 
 
 Senior 
 
 Judno 
 
 to liold 
 
 Division 
 
 Courts 
 
 when 
 
 expedient. 
 
 Wlio to 
 preside in 
 case of 
 illness or 
 Hbstnce of 
 Judge. 
 
 Lieuten- 
 antCiov- 
 ernor to ho 
 notit'uMl of 
 a|ip(nnt- 
 nient of 
 deputy. 
 
 Duration 
 of aiipoint- 
 uieut. 
 
 Adjourn- 
 ment of 
 (Jourt if 
 JtidHe does 
 not a I rive 
 in time. 
 
 THE JUDGE. 
 
 33.— (1) TJic Division Court sliall !>(> prc^^idod over l,v 
 tlie County Court Jud^o.s or Junior or Doputy Judges in 
 their ros])ective counties. 
 
 (2) Tlio Junior Judge for the county sliall (sul)joct to 
 any otlier arrangements from time to time made with (li,. 
 Senior Judge or made by the Judges of a County Court Dis- 
 trict which includes such county) preside over the Division 
 Courts of the c-oiinty. 
 
 (3) The apj)ointment of a Junior Judge .shall not pre- 
 vent or e.xcu.se the Judge of the County Court from presid- 
 ing at any of the Division Courts witiiin his county when 
 the public interests require it. li. S. 0. 1887, c, ,")], s. kl. 
 
 3J{- In ease of the illne,<s or absence of the Judge, a 
 Judge of the County Court of any other county may li.'.ld 
 the Court or the fir.st mentioned Judge may appoint .some 
 barrister of the I5ar of Ontario to act as his de])uty; and the 
 Judge of such otiier County or the barrister so'appointed 
 shall, as Judge of the Divisi(m Court, during the time of his 
 appointment, have all the powers and privileges, and be sub- 
 ject to all the duties vested in or imposed by law on the 
 Judoe ])y whom he has been appointed. ]{. S. o". 1887 e 51 
 s. 22. ' ' 
 
 34. qiie County Judge ,so appointing or the barrister 
 so appointed dejjuty shall foi-thwitb .-end to the Lieutenant- 
 (Jovernor notice of the appointnu'ut, specifying the name, 
 residence and ])rofe,ssion of the Deputy Judge, and the cause' 
 of his ajipointment. R. S. (). 1887, c. -"il, s. 2\\. 
 
 35. \o such appointment shall be continued for more 
 than one month without a renewal of the like notice; and 
 in case the iaeutenaiit-(ioveriU)r di,sa|)proves of the appoint- 
 ment, he may annul the same. \\. S. (). 1887, c. -"il, s. 2A. 
 
 3« In ease the Judge or the acting Judge, from illness 
 or any casualty, does not arrive in time or is not able to open 
 n Division Court on the day ai)pointe(^ for that purpose, the 
 
 iwiw^-Miil 
 
THE JUDGE — CLERKS AND BAILIFFS, ETC. 
 
 13 
 
 (1 over l)\ 
 Judgos ill 
 
 qil)joct t(» 
 
 with ili,> 
 
 'oiirt Dis- 
 
 ' Division 
 
 m pi'csid- 
 iily when 
 i.'2i. 
 
 nay hold 
 int some 
 ; and Iho 
 |>l)()intt'd 
 no of his 
 1 1)0 suh- 
 V on the 
 
 harnstcr 
 iitonant- 
 ic nanu', 
 he eanse 
 
 or more 
 iee; and 
 iippoint- 
 
 n illness 
 
 to open 
 
 >ose, the 
 
 clerk or deputy-clerk of the Court shall after eight o'clock 
 in the afternoon, by proclamation, adjourn the Court to an 
 earlier hour on the following day, and so from day to day, 
 adjourning over any Sunday or legal holiday, until the Judge 
 or acting Judge arrives to open the Court, or until ho re- 
 ceives other directions from the Judge or acting Judge. 
 K. S. O. 1887, c. 51, s. 25. 
 
 [The legal holidays are: Sundays, Xew Year's Day, Good 
 I'riday, Kaster ^Monday, Christnuis Day, Dominion Day, Her 
 ^lajesly's JJirthday, and liabor Day (first Monday in Sep- 
 tember).] 
 
 CLERKS AND BAILIFFS, ETC. 
 
 27. i'or every Division Court there shall be a clerk and ^'^^j^jy^^ 
 a bailiff or baililfs, who shall I)e liritish subjects, and shall ^"^^"^ 
 lespectively perform the duties of their oilicc as regulated by 
 Act of the Legislature, and by rules or orders made by the 
 Moard of Count v .Judges. U. S. 0. 1887, c. 51, s. 3G. 
 
 clerk and 
 baiUtT. 
 
 tJH. The Lieutenant-Covernor may a])j)oint during Appoint- 
 pleasure the clerk and bailitf or bailiiTs of any Division Court, oierksand 
 K. S. O. 1887, c. 51, s. 27. 
 
 21>. Xo clerk of a Division Court shall practice as a bar- p"'"'! "/?*„ 
 
 ^ to |)rftCLico 
 
 ristor or solicitor. K. S. 0. 1887, c. 51, s. 28. assoiicitor, 
 
 J$0. 'i'lie Judge of the Countv Court may at pleasure Romovai of 
 
 -I 11, -V-,^ . , . , . , clcvk or 
 
 suspend or remove any clerk or bailiti withm lus ovvn county i)aiiifn)y 
 
 '' Judcf. 
 
 heretofore appointed by a Judge. H. S. 0. 1887, c. 51, s. 29. 
 
 J$l. 'Hie Lieutenant-Covernor may, upon the report of o/p"er'klf' 
 the ins])ector, or of the County Court Judge, dismiss from and bailiff* 
 otlice for misconduct or incompetency any clerk or baililT 
 herolofore appointed. II. S. 0. 1887, c. 51, s. 30. 
 
 [The distinction will be noted. A Judge may suspend 
 or remove an olTicer heretofore appointed by a Judge. Tlio 
 Lieutcnant-CJovernor may dismiss any olllcer upon report, 
 for cause.] 
 
 I 
 
14 
 
 DIVISION roURTS ACT. 
 
 Duty of 
 
 County 
 
 Court 
 
 Judges. 
 
 Susjiension 
 of cileik Of 
 bail ill by 
 Judge 
 
 aa.— (l)Xotliiii^r in thisAct contaiiu'd sIkiII ivlicvc lli.. 
 County Jud^ro from the responsibility of seeing tliat tiie olli- 
 cers of iiis Court i)erforni their duties, or from examining 
 inio couipliiinls wliicli may bo made against them, or from the 
 duties iuiposed upon liim in reference to tiio security to In- 
 given by clerks and bailill's, and such last mentioned duties 
 are declared <.ud shall be held to be of a judicial and m)t of 
 f.u administrative character. 
 
 (2) The Judge may, for cause, suspend any clerk or 
 bailiff appointed by the Lieutenant-Ciovernor, ami in case of 
 such suspension I)y him, he shall forthwith re])ort the same 
 and the cause thereof to the Provincial Secretary; and in 
 case a vacancy shall occur in the office of clerk or bailiff 
 within his county, the Judge shall forthwith notify the Pro- 
 vincial Secretary thereof. J^ S. 0. 1887, c. 51, s. 31. 
 
 ("The Judge, it will bo seen, can only susjieml for cause, 
 in this case, and be shall, forthwith, notify the Provincial 
 Secretary.] 
 
 Inspector 
 may grant 
 leave of 
 absence to 
 clerks or 
 bailiffs. 
 
 Sa. Leave of al).<enco may bo granted by the inspector 
 of Division Courts to any clerk or bailiff for a period not ex- 
 ceeding two months. In the event of leave of al)sence being 
 so granted to any clerk, he may from time to time, with the 
 approval of the inspector, ai)point a deputy to act for him 
 with all the ])owers and privileges, and subject to like duties, 
 lie may remove such deputy at his pleasure, and the clerk 
 and his sureties shall be jointly and severally responsible for 
 all the acts and omissions of the deputv. P. S. O. 1887, c. 
 51, s. 33. 
 
 I i ■ 
 
 When 
 clerk may 
 appoint 
 deputy. 
 
 34. The clerk may (with the approval of the Judge), 
 from time to time, when prevented from acfing, by illness or 
 other unavoidable accident, a))])oint a de))uty to act for him, 
 with all the powers and i)rivileges and subject to like duties, 
 and may remove such deputy at his ])leasure, and the clerk 
 and his sureties shall be jointly and severally responsible for 
 all the acts and omissions of the deputy. P. S. 0. 1887, c. 
 51, s. 33. 
 
 !ii 
 
.sE(^iriUTV nv covkn'ant, etc. 15 
 
 [The distinct ion liort' will also ho ol)sorv(Ml. liulcr sec- 
 tion 33, leave may he {^ranted l)y the inspector for any canse, 
 lor a period not exceeding two months. I'nder section 31, 
 llie Judge may ap|)rove oi' a temimrary appointment by the 
 clerk when the latter is ])revented hy illness or other un- 
 avoidable accident from acting.] 
 
 an. "Where a hailill' is teniporai'ily unahlc to perform Amioint- 
 the duties of his <){V\iv trom illness, leave oC absence or other 'if\>iity i)y 
 temporary disability, he may from time to time, with the ap- 
 jiroval of the insjx'ctor of Division Courts, appoint a deputy 
 to act for him, with all the })owers and privileges and suh- 
 ject to like duties, and may remove such dei)uty at his ])leas- 
 ure, and the baililT ami his sureties shall be jointly and sever- 
 ally responsible for all the acts and omissions of the deputy, 
 Xo sucli appointment sball have force for a longer ])eriod 
 than two months. 1{. S. O. LSHT, c. 51, s. 3k 
 
 [A like ])ower is given tbe inspector in granting leave 
 of absence to hailill's and ai)proving of their deputies. J 
 
 SECURITY IIY COVENANT, ETC. 
 
 3«. Subject to tbe provisions of section 24 of The Act ci^';J»;«^'^^'^'i 
 IJespecting Public Oilicers, every clerk and bailiff of n k^'^;*-' ''j^'^'^.y- 
 Division Court shall give security, l)y a covenant according ^tat. c.ie, 
 to the form in. Schedule A to tliis Act, or in words to the 
 same effect, witli so many sureties, being freeholders and resi- 
 dents within tbe county, and in sucli sums as the County 
 Judge directs, and, under bis band, approves and declares 
 sufficient. Provided always tbat tbe Lieutenant-rjovernor in 
 Council nuiy increase or diminish tbe sum or sums for which 
 any clerk or bailiff heretofore, or who may hereafter be a])- 
 ])ointed, shall be recpiired to give security as aforesaid. R. S. 
 O. 1887, c. 51, s. 35; GO V. c. 14, s. 3. 
 
 ST — (1) I'efore a clerk or bailiff enters upon therefore 
 
 i i> 1 ■ 1 r" 1 J • clerk or 
 
 duties of his iCe, the covenant 01 lii.nseJt and sureties, ap- bailiff 
 i)roved as aforesaid, sball be filed in tbe otTice of the clerk of nis duties, 
 
 ',. T • ^ n -r^- • • /-N j'-i^ covenant 
 
 the peace in the county in w'bich the Division Court is situ- to be ftied 
 ate; and for filing and granting a certificate thereof, tbe clerk of the 
 of the peace may demand from the clerk or bailiff the sum of 
 $1. E. S. 0. 1887, c. 51, s. 36. 
 
If) 
 
 DIVISIOV COURTS ACT. 
 
 uenowaiof (0) |,) t lip odse of iiiiv siK'li covciiant r('(|iiiiiii(r i)orif)(li(iil 
 
 clerhs'nnd ,. "^ , . , , 
 
 baiiiiiH' ronewi)] 1<> l<<"'|> '( iil'vo and iii lorcc. Iijc renewal reei-int 
 
 covciiuntf. ' 1 11 1 .1 1 • 1 I 
 
 •jraiited lor that ])iirj)oso snail he liled with the cJerK of th(^ 
 |icace in whose olliee the covenant has heen liled, and shall 
 h;' attached to the covenant to which it refers. 'I'he clerk of 
 the peace, for receivin«f and lilin<i: <li(' said receipt, shall lie 
 entitled to receive from the clerk or haililT the snin of lifty 
 cents. .57 V. c. 2:^ s. 1. 
 
 I'l'lie proviso in section .'i(! is new. The arbitrary power 
 whidi heretofore rested in the .Iiid<;e of nieasurin<; the s(»- 
 ciii'itv of ollicers <il liis pleasnre, has heen soniewliat modi- 
 tiod. The Lientenant-dovernor in Conncil may now stejt in 
 and j)revent either favoritism or hardship in any extreme 
 case. 
 
 In all cases of new appointments the hlanks sent to 
 ollicers to he tilled np with particulars of sureties should ho 
 returned as soon as possible to the de|)arlment of \\\o ins|>ee- 
 toi' acconii)anied with the certillcate of the clerk of the poaeo 
 of filing. 'Hie certificate is returned after l)ein<r examined 
 and marked, and shonld he kept hy clerks and liailill's ready 
 to lie jiroduoed when called for. 
 
 The siiret_\ of <iuai'aiitee companies is now heitij; ni«)re 
 U'onerally made available by ollicers of the Courts. Sueli se- 
 curity is also in every way the more acceptable. Ollicers who 
 resort to it, instead of jilacinji' themselves under oi)li<j;arions 
 to jiersojial friends, are rendered more independent, '.riie 
 rate is also now reduced \y) such a low fi;,nire — fifty cents on 
 ilie liiiii(lr('(l dollars — that no man who values his indepen- 
 dence should feel like askin<:' his friends to take the risk and 
 inconvenience of joiniufr in a covenant to the ("rown witl; all 
 its consecpiences. 
 
 Whenever a clerk or baililT <rives new sureties, the in- 
 spector should he immediately informed thereof, ^iviniif j)ar- 
 tieulars of the new security.] 
 
 Covciiaiit 
 to lie iiviiil 
 nble to 
 Kiiitors.etf, 
 
 HH. '\]\o covenant shall be available to, and may be sued 
 upon in any Tourt of competent jurisdiction by any person 
 snfferinp: chinia<res hy the default, breach of duty or niiseon- 
 dnct of the clerk or l)ailifl'. 1?. S. 0. 1887, c. .51, 's. :3r. 
 
SKCIMUTV HV COVKNANT, KTC. 
 
 tr 
 
 IM'riodical 
 ill rc'c('ii)t 
 erk of the 
 
 nnd shall 
 clerk oj' 
 \, shall ho 
 111 of (irty 
 
 iiry |»(»\vor 
 If! the so- 
 iiil modi- 
 u" sto|) ill 
 
 CXtlVIIU' 
 
 s son! to 
 should ho 
 
 10 ijlSplM'- 
 
 tho jioaoo 
 
 i'.\iuiiin('(l 
 ill's roiidy 
 
 in<j moro 
 Such so- 
 iccrs who 
 ili<,^atii)iM 
 nt. Tho 
 (■('Ills on 
 indcpcii- 
 risk and 
 witl; nil 
 
 llio in- 
 iii;,' par- 
 
 he MU'i} 
 
 y jiersoit 
 iniscon- 
 
 JIO. A co|iy of the covenant certified hy the cjcrk of i],,. fertidcd 
 |ieace, shall he received in all Courts as siillieient evidonco ofi:"v«imnt 
 liie due ex(Jciitioii, and (d' the contents thereol'. wilhonf fnr- '■'''^'■'•"»' 
 thcr )irool. H. h, O. ]ys7, c. 51, s. \iS. 
 
 '^^^•— ( I ) Tn an action or |iroceedin<; a;!iiiiis| anv per- Kutries "f 
 son as the surely nf a clerk or hailitV, the entries in the i)0(»ks i>"'iH»'" 
 re(|iiired hy law l<» he kept or which were so kept hy such a«iUnHt 
 clerk or hailiir shall he prima f'lirir evidence a<;'aiiist tho""'^''^' 
 >iirety. 
 
 C-M I'or the purposes (d" this section the words ** clerk or 
 InililV" shall he held to include a person who havin,<i- heen a 
 ( Icik or i)ailiir has ceased to lie such clerk or hailitV. K. S. O. 
 iNSr, c. 51, s. 39. 
 
 41. Tf a surelv in such covenaut dies, heconies resi("leiit ^^''""''^y 
 
 (ill s, utc, 
 
 out (A Ontario, or ins(dveiit. tlu' Coiiulv ,Iud"-e siudi iioti I'v "■ '"'^^ 
 the clerk or haililT for whom such person hecanie surelv, of.^"'^'', , 
 such death, departure or ins<dvency. and the clerk or hailill' 
 shall within one uioiilh altei- hein.u' so nolilied, ^ive anew the 
 like security, and in the sauu' manner as hereinherore pro- 
 \idc(l. or iorfeit his olhce of dcrk or haililT. K. S. (). 18Sr, 
 (. 51. s. 10. 
 
 i*2. (1) Anv surelv for a clerk or haililT who intends '''occauro 
 to wiHuliaw tnmi Ins responsdidily may ,i;ive notice in \\ritinu'«">'''''e«<'f 
 of his inlention to the clerk or haililf, as the case mav he, and i-niiitr dia- 
 
 i I I I ■ 1 I /■ ' contiiiiio 
 
 to tlu' .mkI^c ot (!u' ( oiinty ('oiirl, which notice mav he sm-utyship. 
 sei'ved pei'sonally or left with sonu' ^rov.n \\\) person at the 
 olliee or place (d' residenc(> of the person to whom it is ad- 
 dressed, or may he de|)osiJed in Her ]\rajesty"s ])ost olliee 
 prepaid and re<ristered and addressed to such i)ers()ii at his 
 Usual post olliee address. 
 
 ('?) In such case the Judi>e shall forthwith on receipt 
 thereof duly notify such clerk or haililT, and the clerk or 
 haililf shall under penalty of forfeiture of his oiVwo (in ad- 
 dition to the suspension hereinafter mentioned) furnish the 
 security of a new surety in lieu of the surety so giving notice, 
 n.c A. -2 
 
I 
 
 18 
 
 DIVISION' CfM'ins ACT. 
 
 and sliiill liavc I lie iicc-cssnry now hond or covenant approved 
 hy the .liidj,'e and coiiiplctcd witliiii one iiioiitli nl'tci- such no- 
 tices liave bei'n so <,dvcn lo liim mid lo llio sai<l .hidge. 
 
 (M) If such hond or covenant shall not be so approved 
 iiiid coiiiiilcted within snch month, the said .Fiid;,'c shall iorth- 
 with suspend such clerk or hailill' and report such suspension 
 and the cause thereof to the Provincial Secretary and the 
 insjM'ctor of Division Courts, and all accruing' responsiliility 
 on the part oi' tlu; |)erson giving such notice shall cease fi'oni 
 and after tlie expiration of live weeks from the day on which 
 such notices were so u'iven or the dates of sucli notices if not 
 gi\('n on lite same t\i\\. ")") \'. c. II, s. 2- 
 
 (I) Ndlliin;Lr herein contained shall dischar;.;e or exone- 
 rate any of the parties to such former l)(»nd or covenant from 
 their lialHity on account of any matter done or oinitte(l prior 
 to the completion oi- approval of the new security oi' the ex- 
 piration of the said live weeks. I{. S. (). ISST, c. ."il, s. li). 
 
 I Ivxcept as to past transactions and matters, the liahility 
 of a surety ceases at the eXj)iratioii of tlie live weeks after 
 jiiving notice.] . 
 
 4a. Sections 15 to l^d, both inclusive, of The Act ri>- 
 HutTp. 15 pijectin"- J'id)lic Ollicers, shall, wilh tlie sniislitution of " The 
 
 to Hiijily to ' " ., , 
 
 Beniinti'os ,Iudi!e of tile Court " for "The liieiitenant-Covernor, apply 
 
 Sivt'ii !)}■ '^ ..,...., 
 
 cierksand fo securities ii'iven hv a clerk or haililf ol a Division Coui't. 
 
 baUiU's. '^ 
 
 IJ. S. (). issr, c, 51, s. 42. 
 
 [See also c. U], ss. 2-1-27, as to acceptance of policies 
 of guarantee companies. 
 
 The sections referred to have reference lo the security to 
 be given by a ])nhlic officer, and are made applicable to 
 Division Court ollicers. The following are llic sections: 
 
 Lieut, (iov- 1'>. (1) The Lieutenant-CJovernor in Council may remit 
 
 ii'iliit ""'^ the forfeiture or penalty in any case in \vhich the failure to 
 in certain givc sccnrity, or to register and deposit any bond or security 
 casec, iifi(](jY tliis Act, has not arisen from the wilful neglect of the 
 person bound to give, register or deposit the same. 
 
 Sees. ir)-20 
 of Hev. 
 
 n^: 
 

 HErt'ini'V 1»V roVKNANT, KTC. 
 
 18 
 
 (8) Jf it. a|)i>('Hrs jo lli(> Lioutonanl-^.)V('^no^ that t ho '"'"'">«"' 
 iiciiod licrcinbclorc limited i'or irivin;' llio security of u ne\v''"'«'*""8 
 surety as aforesaid is, in coiiseciiienco of particular accidents, "'«■; 
 ciisiiallii s, or circuinslnuces, iiisiinicieiit, <>r Ihat l»y reason of 
 I he distance or loss of letters, or illness, or the refusal of any 
 Mircty to ^Mvc the security, or of such surety not hein^' deeMi('<l 
 eli<:il»le and heinj? rejected, or any other accident or casualty, 
 further time would he necessary to enahUi the security of 
 such new surety to ho given, the Liinitcnant-Uovcrnor in 
 ("ouncil may allow such further ])eriod for giving the security 
 of such new surety as apjiears to him reasonable and jn'oper. 
 
 (•')) r.ut such extended period shall in no case exceed two but not 
 months beyond the period allowed by this Act, and the pre- two 
 <ise jieriod pi'oposed to be allowed, together with the special ami an ' 
 grounds for allowing the same, shall be either entered in the tii'.'i-i-of 
 
 1 , . 1 • I ii • ■ 1 •! 1 1 -J 1 must 1)0 
 
 nook m winch tlie original security lias been registered, (n'madu. 
 cndoi'sed on the back of the original bond or other security 
 itself; and the jierson rec^nired to give the security of such 
 new surety shall not be subject to any forfeiture or penalty 
 for not giving the same within the time limited by this Act, 
 if he gives it within the extended period so allowed as afore- 
 said. If. S. O. 1877, c. 15, s. 15. 
 
 in. The Lieutenant-C wernor niav aT)i)rove of the se-s-^curity 
 
 ^ ' ' niiiv 1)0 
 
 curity given by any public ollicer or the alUdavit of iustihca- in'moved, 
 
 '' " -^ •> I <> althouf^li 
 
 tion made by his sureties and fded by him, although the«,iv> 
 same has been given or tiled after the time limited by thisiimitud. 
 Vet; and in such case the olllce or commission of such public 
 ollicer shall be deemed not to have been avoided by such de- 
 fault, but to have remained and to remain in full force and 
 ell'ect. K. S. 0. 1877, c. 15, s. IG. 
 
 17. Xo act of any public oihcer of this Province whose Acta not 
 secnrity has been given, or registered, or deposited, or tlie<»eiayin 
 allldavit of justification of whose sureties has been filed after soculuy, 
 the time limited by this Act, shall, by such default, he void '"*'' 
 
 or voidable. II. S. 0. 1877, c. 15, s. 17. 
 
 18. Where the securities of the , principal and sureties Socurities 
 have been executed at dillerent times (whether they wereduierent'^ 
 
 n aftiT 
 o 
 
 I 
 
20 
 
 DIVISION' COriiTS .ACT. 
 
 times, 
 witliin 
 wliiil time 
 
 to 1)0 I't't^is- 
 
 torcd. 
 
 Nt'Klect. 
 et(_., not to 
 VHcate 
 bond or 
 diselinr(,'e 
 si'.rt'ty. 
 
 Propi'i' 
 otticer to 
 reRisUr 
 anddei)osit 
 bonds. 
 aUliougb 
 time ex- 
 pirud, but 
 not to 
 exeiiii)t 
 from 
 l)eniilty. 
 
 lakon ill one and tlic same Iiond, dt'cd or other inslnimciif, 
 or ill ditl'crciit ones), the period limited for roo-jsteriiio; and 
 depositing- siieli securities shall ho estimated from the time of 
 execution thereoT hy the person who was the last to execute^ 
 the hond. (\vv(\ or oilier instrument, or the last hond, dwd or 
 otlur instrument, as the case may he. J». S. O. ISTT, c. 15, 
 s. IS. 
 
 l!i. \o iie,iilect, omission or irre.uiilarity in yivino- or re- 
 ceiviiio- the honds or other securities, or in j'e^istei'iiio- the 
 same within the periods or in the manner pi'cscrihed hy this 
 Act, shall vacate nr make void any hond or security, oi' di-- 
 cliaruc anv surety IVom the ollli^■ations thereol'. i{. S. (>. 
 
 ]s:;, c. 15, s. 1!). 
 
 20. All honds or other securities lierchy reipiired to 1»e 
 I'eoistered and depn>itcd. shall he registered and deposited 
 hv the propel' oHicer, not wit h^tandiuii' the period prescrihed 
 for le.u'islering and deposit ino- the same has expired; but no 
 reoisteriii;^' and dcpositini:' of any IhukI or other security shall 
 he deemed to wai\-e any forfeiture or penalty, or .--hall ex- 
 empt the pers(m (Ui whose helialf the same are rcizistercd and 
 depositeil. fmni any forfeiture iw penalty, under any of ihe 
 provisions of this Act. \l. S. ( ). is;:, c. 1.5. s. •.'(). | 
 
 cr.i-.KK s 1)1' rii:?-. 
 
 Huo'sunl-'^ 44. '{'he clerk shall issue all summonses, which suiii- 
 
 IZ'T'r"'^ mouses shall he hy him (illed up. and >liall he without blanks, 
 copies, etc. pj^])f,|, ji, ,].||^. ,,,. otlici'wise. at the time of delivery for serviei'; 
 he shall al>o furnish copies of the >ame with tlu' iiotiee there- 
 on accdi'dini;- t(» the lorm prescrihed hy the Li'eneral rules or 
 nrders fr(mi time to time in force relaliiiu' to l)i\ision Courts 
 II. s. (). iss;, c. 51, s. 11. 
 
 I The duties imposed on the clerk ar(> imperative, ye( he 
 t^hiuiid exercise (]uv discretion not to i>siie process where it 
 was cU'ar the Court had no jurisdiction. The original and 
 copies should he compared with the hailitl'. I 
 
 Clork to 
 keep II 
 
 4»>. ''I'lie clerk shall canse n note of all summonses, all 
 record of notices tiled hv anv party to the action, orders, jndu'nients, 
 
 writ^and , . ', ", ' , , , , , „ , . ' ', 
 
 judKnients. cAccuiions and returns thereto, to he from tune to tinu^ 
 
CLERKS DrriEs. 
 
 m 
 
 35 
 
 1 
 
 fairly ontorctl in a book to be ke])t in liis olTicc; and shall 
 f-ign his name on every pacjc of the book, nnd the si^rned en- 
 tries, or a copy thereof certified as a li'iie copy l)y ihe clerk, 
 sliall be admitted in all Conrts and jOaces as evidence of siicli 
 entries, and of the proceeding's reiVrred io thereby, without 
 further ])roor. H. S. O. 1H87, c. 51, s. 45. 
 
 [The omission of ihe clerk's signature would be fatal. 
 l\a(h page of the pi'oceihirc book should also be signed by the 
 clerk.] 
 
 hook and toreig.i procedure book t(> procoaure 
 
 . „ 1-1 l>ook and 
 
 be Kent hv the clei'k niav he in the respective iorms contained foioiun 
 in SeheduU's 15 and (' to this .\ct. -u V. c. 23, s. 10. book. 
 
 ^O. The procedure 
 kept hv 
 
 47. The clerk shall also issue all warrants and writs "i'?!.';,';^^,,^" 
 oxecution tilled up and without blanks; be shall tax costs, ecuUmis. 
 sul)ject to the revision of the dudge, register all orders aiid a>i<ijieop 
 iu(h"uionts of the Court, and keep an account of all fines pay- of tiuos, 
 able or paid into Court, and of all suitors' moneys ])aid into 
 and ont of Court, and siiall enter an account of all such lines 
 and moneys in a book to be kept l)y him for that pur])osc; 
 which book shall ])e open to all ])ersons desirous of seavehing 
 the same, and shall at all times be accessil)le to the Judge 
 an.l inspector. U. S. (). 1S87, c. 51, s. 46. 
 
 4.H. "Where the fees and emoluments earned by the <'lt'''l'^ eolliity to 
 or the haililT of any Division Court are less than -1^500 a y^'ar, pj;';;^.*^')^ 
 the cost of all hooks required by this .\ct lo l)e kept by him 
 nhall lie paid by the county. 52 V. c. 12, s. 1. 
 
 40. The clerk of every |)i\ision Court shall from timecier!-<sto 
 to time, as often as re(|uired so to do by the county c,%\'^ty 
 crown attorney of his county, and at least once in every attorney a 
 three months, deliver to him, verified by the athdavit of the account of 
 clerk sworn before the . Judge or a justice of the ]K'ace of the ""''^' 
 county, a full account in writing of all fines levied by the 
 (*ourt, accounting for and deducting the reasonable expenses 
 of levying the same, and any allowance whicli the Judge may 
 make out of such fine, in ])ursuance of the power liereinafter 
 given. H. S. 0. 1887, c. 51, s. 47. 
 
Clerk to 
 furnish 
 Jii(1^4c with 
 H verificit 
 account oV 
 liuineys 
 Itiiiil in 
 and out 
 of (,'ourt. 
 
 Cl('rl< an- 
 iiUHily to 
 iniilic list 
 of suit(U'h' 
 money in 
 Court for 
 G years. 
 
 Cojiy of list 
 to lie put 
 Ul> in Coiut 
 room lui'l 
 in clerk s 
 oflJco. 
 
 Tpon re- 
 
 sif^tiiition, 
 removal or 
 death of 
 clerk, 
 county 
 crown 
 attorney 
 to lie<M)nio 
 possessed 
 of papers. 
 
 Punish- 
 ment of 
 pirson 
 \vron(,'fu' 
 lioldiUK 
 
 DIVISION corirrs act. 
 
 »50. Tlic cloi'k of every l)ivisi(in Couri, when reciuii'cd 
 l)y the Judge, shall, IVoiii time to time riinii.<h liim with ii 
 full account ill writing vei'ified In- the oath of the clerk swc^rn 
 before the dudge or a ju.^tice of the i)t>ace, of the nioiiev,«< re- 
 ceived into or ])aid out of the Court hy any suitors or other 
 ])arties under any orders, judgments or process of the Court, 
 nnd of th(> balance in Court helonging to any such suitors or 
 parties. H. S. (). ISSr, c. 51, s. J 8. 
 
 »>l.— (1) The clerk of every Division Court shall, 
 anniially in the iiioiith of daniiary, mal<e out a corrc^ct \\<t 
 of all siinis of money helonging to suitor?- in the Court, which 
 have heen paid into Court and have I'emaiiied unclaimed for 
 six years hefoi'c the last day of the mdnth of Deceniher then 
 last jiast, specifying the names of the ]>arties for wliom or on 
 whose account the same were so jiaid. 
 
 ("i) A copy of such list shall he put up and remain al iill 
 times in the clerk's ollice and during Court hours, in some 
 conspicuous part of the court house, or place whei'e the 
 Court is hehi. K'. S. (). ISST, c. ol, s. 4;». 
 
 [As to reluin of I'vvt^ hy Division Couil cl",k, see chapter 
 10, sections ,v^!), oti. | 
 
 DISI'OSAI. (»F HOOKS AND I'.M'ICKS \\III-;X C'l.l'.KKS Cll.\.\'(li:! ). 
 
 ♦>— .— (1) All accouni<, money;, liodks. jtapei's. and 
 ■ other "latt.'rs in the possession of the clerk or haililf hy vii'luo 
 of or apperlaiiiiiig to his ollice. shall, upon his I'esignat ion, 
 removal or death, immediately lie<-(mie the pi'opcrlv of ilie 
 county ci'ow n attorney of the county in ■aliicli the division 
 is situate, who shall hold the same for the henelit of the imhiic 
 until the appoiutiiieiit of another clerk <>v hiuliir, to whom he 
 shall deliver over the ,<aiiie, hut not until such clei'k or haililV 
 and his sureties have executed and liied tie covenant here- 
 inhefore mentioned. U. S. (). Iss:. c. :,l, s. 50 (1); GO \'. 
 ('. 14, s. 4. 
 
 ('?) Xo jierson shall wrongfully hold or get possession 
 ,,y of such accounts, moneys, books, ])apers and matters afore- 
 said, or any of them; and u])on the declaration in writing 
 
 
DUTIES OF HATUFI^S. 
 
 23 
 
 of the -liulue presiding over the Division Coxirt for tlic time 
 beincr, or (if the insjieetor of Division Courts, tliat a jierson 
 has ol.taincd or liohls snch wrono-fiil possession thereof, an.l 
 upon tlie ovdov oC a -liidge of the High Court, founded there- 
 on, sucli person shall he arrested hy the sherilf of any eounty 
 iuwhicli he is round, and shall hy such sheriiT he eomniiti-d 
 to the eoiunion gaol of his county, there to remain, ^vithout 
 l)iiil until the lliuh Court, or a Judge thereof, is satisfied tliat 
 such j.erson has not and never had nor held any such matters 
 or nioncvs, or that he has fully accounted for or delivered 
 lip the same to the county crown atlonun' of tiie county 
 in which sucli Division Court is situated, or until he he 
 otherwise disciiarged by due course of law. li. S. 0. 1<SST, 
 c. 51, s. 50 (;>); oT V. c. 3, s. 2. 
 
 »>:$. Vpon the resignation, removal or death of ihe 
 clerk of a Division Court, and until such time as his succes- 
 sor is api'.)inted, the county crown attorney of the county 
 in whicii Die division is situate shall perform all the du'ies 
 and shall he for the time heing, and until the successor is 
 api)ointed, the clerk of such Division Court. 5-i V. c. \'l, 
 s. 4. 
 
 moneys, 
 l)()()Us or 
 
 Comity 
 atfornev 
 to act as 
 dork \\l)eii 
 oHi(!0 <if 
 clerk is 
 vacant. 
 
 DUTIES OF BAILIFFS. 
 
 54. The hailiIVs shall serve and execute all summonses, Hftiiiffs to 
 
 , serve writs 
 
 orders, warrants, and writs delivered to them hy the cleric 
 for service, whethei' haililfs of the Court out of which the 
 same issued or not, and shall so soon as served return tlie 
 pame to the clerk of the Court of which they are resjiectively 
 haililfs; l)iit, suhject to the ])rovisions of section 82, they 
 shall not he rc(|uired to travel heyond the limits of their 
 division, or he allowed to charge mileage for any distance 
 travelled heyond the limits of the county in which the Court 
 of which they are resi)ectively hailitl's is situated. 1». 8. 0. 
 :KS8T, c. 51, s. 51. 
 
 I TTpon a bailiff receiving a summons for service, he should 
 immediately after service ha.'^ been effected make his return 
 showing the manner of service, l^nless such return be made 
 within the six days recpiired by Kule 183, the bailiff is not 
 
•;• 
 
 24 DIVISION' (OI^HTS ACT. 
 
 fntitlod to the foe for return and attondaiioo and luakiiif? 
 allidavit, and it should not he taxed liim hy tlie clerk. 
 
 Where siiinmoiis has not i)een served, the hailiil' slionhl 
 ininiediately alter the time I'ov servici' has expired, I'etiirn 
 the same to the clerk, statin^a' \\\o rea>on for non-service on 
 the hack of the smnmons. 
 
 P)ailil1's must return executions within the thirty days 
 prescrihcil hy the Act, uidess I'enewcd, or unless the sei/.inv 
 under tlu' execution has heen so recent that he has heen iin- 
 ahle to si'll and advertise within the thirty days. In this 
 latter case he must make a report to the clerk, pursuant to 
 Kule lS,"i (d), as to the condition of uuitters. 
 
 If uuahle to sell or to realize a reasonahle anu)nnt, he 
 must not sacrifice' the property, hut must otfer it for sale 
 a,<;ain, if within the thirty days. If after that, and the execu- 
 tion has not heen i'enewcd, the writ must he returned, pur- 
 suant to IJide Is^.') (It) — "■ Property on hand for want (d' 
 buyers." 
 
 In this iatter case the clerk cannot renew the execution. 
 He must issue anoiher jjrocess dirt'cting the haililf to sell 
 the jiroperty for what it will hrinii'. K'ule IS.") (r). 
 
 All money received for deitt, interest, costs, fees and 
 ]:ercenta;^e must ho jiaid over to the clei'k; dishursements 
 alone may he deducted, .\fter the hailiiVs \'vv^ and charu'es 
 June heen duly taxed, the clerk must pay the haililf's taxed 
 costs and propei' U'v> on execution duly returned accordin^^ 
 to law, and none other, as pi'ovided hy K'ule IM.") ((/). 
 
 All money received hy him hy virtue- of his oHice should 
 he immediately jiaid over hy the hailiil". I''ailure in this 
 subjects him to the loss of olllce. 
 
 Immediately upon receivin.n- an execution the hailiil' 
 should emlorsc thereon the day and hour when received. Jn 
 addition to the formal return on every execution, a state- 
 ment of all charges made for fees, except disbursements, 
 should be given. A similar statement should be given in 
 making returns of writs of replevin and warrants of attach- 
 ment, ill compliance with Kule 188. 
 
KKKS OF CI.EUKS AND BAILIFFS. 
 
 Tho cnsli Look required to be kept by bim, by Unlo IS!), 
 slun.l.l sbow eiilries of all paymenls mrivod by In... Iron, 
 any I'arty to a suit. • 
 
 Where a suniinons is n<.t srrve.l in time to n.akc the 
 notice of ibe sittin-s of the Court avaihible information, it 
 sboul.l b.. at o.ur returned to ti.e elerk. Tbe bitter slioubl 
 thereupon a.ld new notiees of tbe time of two or nioiv 
 sittings, and, fortbwi.h, give or send tlie same to tbe baibll 
 for serviee. ^riu> proeeeding may hv repeated from time to 
 time until due service is ell'eeted. In tbe ease of a foreign 
 Court, Ibe sumiiKnis must be returned to tbe elerk of tbat 
 Court,' to be dealt with by biiii in tbe same way. | 
 
 35. Kverv baililV sball exercise tbe autbority of a con- 
 stabl,. during ^tbe actual bolding of tbe Court of wbicb be 
 is abailiir, witb full i)ower to prevent breacbes of tbe ])eace. 
 riots or disturbances witbin tbe court-room or Imilding in 
 wbicli tbe Court is lield, or in tbe ])ul)lic streets, squares, or 
 otlier idaees witbin tbe bearing of tbe Court, and may, with 
 or witbout warrant, arrest all parties oifending against tbe 
 nieaiiing of tliis clause, and fortbwitli bring tbe oll'enders 
 before tbe nearest justice of the peace, or any other Judicial 
 otFicer iiaving power to investigate tbe matter or to adjudi- 
 i-ate thereupon. IJ. S. O. 18(S7, c. 51, s. 52. 
 
 I I'nder this section a bailitf has tbe autbority of a con- 
 stable, hut no greater authority.] 
 
 25 
 
 HaililT to 
 
 excMcise 
 
 duty (if 
 
 constable 
 
 iliiriiiK 
 
 lioldiiiS 
 
 of Court. 
 
 FKES OF CI.KRKS AM) RAILIFFS. 
 
 50 —(1) The clerks and bailiil's shall be i)aid by fees, as c^^Jji^^^aHJ 
 provided and allowed by tbe general rules or orders api)li- to be paia 
 cable to Division Courts, heretofore in force or hereafter 
 to be made l)y tbe Hoard of County Judges, and ai)proved 
 under tbe ])rovisions of section 308 of this Act. 
 
 (2) Until otherwise ])rovided by the general rules or Fees of 
 orders, the fees to be taken and received by api)raisers shall '^^'i'*'^'*'*'^^- 
 be as follows: 
 
 I 
 
M 
 
 DIVISION COrilTS A("l'. 
 
 Tnl)U' of 
 fees to lio 
 IniiiK lip 
 in clerk's 
 oHice. 
 
 Ciisos 
 
 WlU'VO 
 
 aniKUnt 
 iiivolveil 
 not iiKiro 
 tlinii .*l(i. 
 
 Fcos of 
 clerNs and 
 bailitTs. 
 
 To each aiipraiser, during llie time actually employed in ap- 
 ])raisiii,ir goods (to l»e jiaid in lirst instance by the plain- 
 tiir and all<)\vc<| in costs of the cause). Fifty cents ])er day. 
 
 (3) A tahle of the fees sliall he hun<,' up in some con- 
 s])icuous jilace in the otlices of the several clerks. H. S. O. 
 1SS7, c. T)!, s. 53. 
 
 ^y. Tn any action hvon,aht in a Division Court, when 
 tjie claim soii-ht to he recovered does not exceed $10, it shall 
 not ho necessary that the clerk shall notify the plaintilT that 
 no defence has hcen entered, nor shall tiu' schedule or tarilT 
 of clerk's or haililT's fees now in force, or that at any 
 time hcreaftei' may he in force, apply to or l)e taxahle 
 in any such action, except the fees for mileage to a bailiil", 
 the fees for enforcing a wai-rant of attachment, warrant 
 against th(> hody or writ in replevin, and the fee allowed by 
 item nund)er 'M of the >cliedule of clerk's l'ee>. for receiving 
 ])apers from another division for service, entering the same, 
 handing the same to the hailill', and receiving and entering 
 his return. 
 
 (2) Excepting such fees as are hereinbefore excepted, 
 the fees taxable to and to be received by the several clerks 
 and haililfs of the f)ivision Courts in any action in which the 
 sum sought to be recovei'ed <locs not exceiul $10, shall be as 
 follows: — 
 
 (d) 'Vn the clerk, for all services I'endered by him 
 as such clerk, from the time of entering th'> 
 action or suing out a judgnuuit or iiiter- 
 jileadei' summons up to and including the 
 entering of liiud Judiiiiu'iit or final order on 
 any such judgment oi' inter])leader sum- 
 mons in case the action pi'ocecds to judg- 
 ment or llnal order $1 25 
 
 Jn case the action does not ))i'oceed to 
 judgnuMit 01- tinal order the fees 
 heretofore or that nuiy hereafter 
 be ])ayable, but ]u)t exceeding in 
 the whole the said sum. 
 
FEES OF CLERKS AND I5AILIIFS. 
 
 27 
 
 For issuing writ of cxi'ciition, warrant of 
 attaclinient or warrant for arrest of delin- 
 quent and entering the return thereto 
 
 (h) To the baililf, for all services rendered by him 
 as such Lailiir, in serving the sunnnons and 
 making his return tliereof to the clerk of 
 the Court, or any other service that may ho 
 necessary hefore judgment is entered by the 
 clerk or pronounced l»y the Judge, mileage 
 
 excepted 
 
 For cirforcing writ of execution, schednle of 
 l)roi)erty seized ov attached, bond wliere 
 necessary, and all other necessary acts done 
 by him after seizure, mileage excepted, if 
 
 money made, or case settled after levy 
 
 Necessary disbursements incurred in 
 tlic care and renu)val of property 
 shall be allowed, to be llrst allowed 
 by the clerk, subject to the ap- 
 proval of the Judge. 57 V. c. 2[i, 
 s. 11. 
 
 40 
 
 1 00 
 
 ii) 
 
 HH. 'Vhv fees upon every proceeding shall, on or before 
 such proceeding, lie paid in the (irst instance by the plain- 
 till', or other parly at whose instance the proceeding takes 
 place. K*. S. (). 1.S8T, e. .")!, s. 5-1. 
 
 5!>. If Ihe W'vti ai'e not paid in the lirst instance by the 
 plaint ill' or party on whose behalf such jjroceeding is to be 
 had, the })ayment thereof may, by order of the Judge, be 
 enforced by execution in like manner as a judgment of the 
 Court, by such ways and means as any debt or damages 
 ordered to he paid by the Court can be recovered. R. S. O. 
 ISiST, c. 51, s. 55, 
 
 OO. At the time of the issue of the execution, the 
 l)aililf\s fees thereon shall be paid to the clerk, and shall by 
 him be paid over to the bailitV, upon the reiurn of the execu- 
 tion, and not before, but if the baililf does not l)ecomo en- 
 titled to any ])art, or becomes entitled to a part only, of such 
 
 Fees to bo 
 luiid l)v 
 phiintilT or 
 (iot't'iidaiit 
 in first 
 iiiijtaiice. 
 
 How 
 eiiforcod. 
 
 Railiff's 
 
 fees to bo 
 
 )iai(l to 
 
 clerk 
 
 before 
 
 execution 
 
 issues. 
 
28 
 
 DIVISION corins act. 
 
 fcos, i\\Q whole or siii'|iliis sliiill i»m (l»'iiiini(l l)o Ity llie clerk 
 repaid in llie plainiitr or parly rroin whom tiie Wn't^ were 
 received. If. S. O. ISST, e. T)!. s. ."if.. 
 
 Haiiitrto (51, II' ii,,, iijiiijii' neojccts 1(1 return aiiv process or e\e- 
 
 im'ts 't'^'iv- i'"*'*^" \vitiiiii tile tune re(|iiired hy law. he shall for each 
 mill writ. ^,1,.]^ iH.olocJ rorFeil his I'vv^ thereon, and all I'ees so I'lH'reited 
 shall he held to have heeii recei\('d hy tlie clerk, who shall 
 keep a spt'cial account thereof, and acconnt ['or and ])av 
 o\er the same to the county crowi attorney, to he paid 
 hy him over to the I'rdvincial Treasiirei', to form part of 
 the Consolidated h'eveiuie I'uiid. Ii. S. (). ISMT, c. ."il. s. 'u. 
 
 b,uim'not <»-• ^'«» *•'''•■'< '"■ '"''li'l' ^''"" 'lii'<'<'tl.v '>i- indirectly take 
 
 oncm'ir' *"' '■(■cei\<> any commission, charffo, expenses, fee or reward 
 
 luissioii. j'^^j, ^^^, jij (.(iiinection with the collection of any deht or claim 
 
 which has heen or may or can he sued in the Court for which 
 
 he is so clerk nr haililf. except such {'{'{•f^ as are provided hv 
 
 any larilf of fees under this Act. U. S. (>. ISST, c. ol, s. r^S. 
 
 IXSl'IHTOU. 
 
 Appoint- 
 iiioiit of 
 inspector. 
 
 Inspection 
 of oUicos. 
 
 Hit. The Tiieuteiiant-Covernoi' may. from tim(> to time, 
 appoint an inspector of Division Courts, who shall hold 
 ojlict- during' pleasure, and whose duty shall he: 
 
 1. To make a ])ersonal inspection of every Division 
 Court and of the hooks and Court papers helonjiim' thereto; 
 
 Books, etc. o '■|',, <,(>,, (I,., I )),,, |„.,,|,e,. hooks are provided, that they 
 
 are in jfood order and condition, that the proper entries and 
 records are made therein in a proper manner, at pi'oper 
 times, and in a jiroper form and order, and that the Court 
 ])a])ers and documents are ])roperly classified avd pre- 
 served; 
 
 I 
 
 Oflicors' 
 duties 
 
 Lawful 
 fees. 
 
 J). To ascertain that the duties of the ofVicers of the 
 Division Courts are duly and elliciently performed, and that 
 the office i.< at all times duly attended to hy the clerk: 
 
 4. To see that lawful fees only are taxed or allowed as 
 
 costs; 
 
IN',SI>KCT<)H. 
 
 s& 
 
 5. AVlu'ii (liroctcd so lo do by tlie LioiitcMiaiit-fJovonior, f,'^''X'iL 
 
 lilTfl. 
 
 to ascertain that proiu-r security Ims l)een ^nveii by any clerk »|;i 
 or bailiir, and that liie sureties continue sullicient; 
 
 (). To report (ipon all such matters as oxpeditionsly as uoport 
 
 ' . , . . „ , . , til tlu! 
 
 be to the Lieutenanl-iiovei'iior lor ins intorniaiion and Lirutcii 
 1^ S. (). ISS;, e. 51, s. (il. 
 
 may 
 decision 
 
 iuii-(Jov- 
 crimr. 
 
 I'dwcr of 
 iiisiicctor 
 in iiiiikiiiK 
 itii|iiiry 
 into con- 
 iliict of 
 onieors. 
 
 pre- 
 
 «4. AViicn tiie inspector considers it c.\|iedicnt to in- 
 stitute an inipiiry into the conduct of a Division Court clerk 
 or Itailiir in relation to his or their oHicial duties or acts, it 
 shall he law I'ul I'or the inspector to re([uire tlio clerk or bailill' 
 or other person or persons, to oive evidence on oath, and lor 
 this pui'pose the inspector shall have the same power to sum- 
 mon such olVicers, or other ])erson or persons, to attend as 
 witnesses, to entoi-ce their attendance, and to compel them 
 to jtroduce documents, and to jiive evidences as any Court 
 has in civil cases. ]{. S. O. l<SiST, c. (il, s. ('>2. 
 
 an The Division Court clerks and baililTs shall, as nooks, etc., 
 
 to lj(( jn'o- 
 
 often as I'eiiuired hv the inspector, produce ali books and <iii<'«(i for 
 
 , ' 111 iiisiH'ction. 
 
 documents recjuii'cd to lie kejit by them, or tiiat may here- 
 al'ter be recpiired to be kept by them, at the clerk's otrice, 
 for examination and inspection: every clerk or bailill! shall 
 report to the ins[)ector such matters relating to any cause 
 or proceeding as the ins})ector shall rc(piire. I{. S. (>. 1S87, 
 c. 51, s. (;3. 
 
 OO. It shall be the dutv of every Division (*ourt clerk oiiiceis to 
 
 1 .,• . . , . ^ ' 1 . ' inform 
 
 or l)ailin, within live days after his ai)pointment to oHice, to 'i'si>t'ctor 
 
 . pi. ' , . . of tlieir 
 
 inform the inspector f»f his a])pointment, his full name and fo'i'<'i"t- 
 
 , ineut, etc. 
 
 post otrice address, (lie names oi his sureties, their respective 
 callings or professions, ])laces of residence, and post office 
 address. K. S. (). 1887, c. 51, s. 64. 
 
 OT. AVhen a clerk or bailitV has given new sureties, osinsiiector 
 i'et|uired by this Act, he shall immediately inform the in- formed 
 spector of such change, giving the names of the sureties, their suretie?. 
 resjiectiye callings or ])rofessions, ]»laces of residence, and 
 post ollico address. K. 8. 0. 1887, c. 51, s. (35. 
 
 I 
 
no 
 
 nivisiov conn's act. 
 
 oiiiiiMs to |(,^, ].;v('rv Diviisinti Coiirl cli'rk ;iii(1 I)iiilin' sliiill luisc 
 
 (•.•iimciito .,,,,1 |.,,^.., j,, |,j^ Dossscssioii or ciistodv (lie ccrliliffit'' of the 
 
 1)1 tllilin 1 ' 
 
 coveuanf, ^,],,,.]^ ,,j' (||,. peace iiaiiH'd in si-clion '.'u of (his Act, and sliall 
 
 etc. ' 
 
 produce llie satnc foi- (lie inroniiiitinii ol' llic iiis|»t'ct()r wlicii 
 r('([inrcd so to do. I>. S. (). iss;, c. r»l, s. (i(i. 
 
 Ki'tiin:8 
 
 OIK V.wiy clerk sliiill, ou or before the lath day of 
 Jannarv in eaeii year, make ii retnrn of the l)iisiness of his 
 ollico for the yciii- eiidin.y- tiie ;!lst day of Deeendier |ifeced- 
 jn<r, in such form and mannei- as tiie Lieuteiiant-CJoverJior 
 fchall direct. ]{. S. ( ). l-SST, c. 51, s. GT. 
 
 ImiiuMv' '7<>' ^■''^<^^iy il^'il^ ini'l ''"'•''!■ ^'"'11 J^^'^'l> '^ separate hook 
 
 insll.l'tor. ill \vhich lie shall enter from day to day all fees, char«jes and 
 fcniuhiments received hy him hy vii'tue of his ollice, and shall 
 on the ]r)t!i day of .laniiary, in every year, make np to and 
 inehidin;^' the iilst (hiy of ])eceniher of the jtrevions yeai', a 
 return to the inspector, under oath, showing' the a^'gre<:ate 
 amount of fees, charges and emoluments so received hy him 
 and wliicii he has hecome entitled to receive, and has not re- 
 ceived, during the year. Ji. S. U. 1887, c. 51, s. GS. 
 
 tmn< 
 
 I 
 
 Casf s 111 
 \\ liic^li 
 ('(iiirt lias 
 no jiirih- 
 iHction. 
 
 JIKISUICTION. 
 
 Tl. The Division Courts shall not have jurisdiction in 
 anv of the f(tllo\vin>'' cases: 
 
 1. Actions for any gambling debt; 
 
 2. Actions for spirituous or malt liipiors druidc in a 
 tavern or alehouse; 
 
 3. Actions on notes of band given wholly or partly in 
 consideration of a gambling debt or for sucb liipiors; 
 
 4. Actions for the rectvcry of land or actions in which 
 the riglit or title to any corporeal or incorporeal heredita- 
 ments, or any toll, custom or franchise comes in question; 
 
 5. Actions in which the validity of any devise, bequest 
 or limitation under any will or settlement is disputed; 
 
JL'lilSDICrioN. 
 
 .*jl 
 
 n. Actions for inalicioiis prosecution, lihcl, shindor. 
 criminal convcrsjilioii, scdiiclion. or I. reach ol' [M-omisc ol' 
 niarriage; 
 
 7. Actions n«>ainst a justice of llie peace for anyiluns 
 (lone by him in the exocution ol" his olllce, il" lu; ol)jects 
 thereto. ]f. S. (). 1887, c. 51, s. 0!). 
 
 7a. —(1) Tlie Division Courts shall have ji'''''^*!'^'^''*" ',';\V,'i,'t'i,o 
 in the following' cases: 
 
 ('(iiii't bus 
 
 jmis- 
 (liclioii. 
 
 («) All ])ersonal actions where the amount claimed dms 
 not exceed $00. 11 S. O. 1887, c. ol, s. 70 {\a). 
 
 (h) In any ]iersonal action if all the parties consent 
 thereto in writin«r, and the anu)unt claimed does 
 not exceed $100. 5G Y. c. 15, s. 1. 
 
 (r) All claims and demands of deht, account or hreach 
 of contract, or covenant or money demand, whe- 
 ther i)ayahle in money or otherwise, where th'' 
 amount or halance claimed does not exceed $100, 
 R. S. 0. 1887, c. 51, s. 70 (Ih). 
 
 (d) All claims for the recovery of a debt or money de- 
 mand the amount or balance of which does not 
 exceed $200, whore the amount or original 
 amount of the claim is ascertained by the signa- 
 ture of the defendant or of the person whom, as 
 executor or administrator, the defendant repre- 
 sents. Interest accumulated npon any claim of .^pcn,,,. 
 this class, since the amount or balance was so 1" (''oii'as'.'' 
 ascertained by the signature of the defendant eiahl.'s^''^ 
 or of the person whom he represents, shall not 
 be included in determining the (juestion of juris- 
 diction, but interest so accnmnlated may be re- 
 covered in a Division Court in addition to the 
 claim, notwithstanding the interest and the 
 amount of the claim so ascertained together ex- 
 ceed the simi of $200. E. S. 0. 1887, c. 51, s. 
 70 (If); 5G V. e. 15, s. 2. 
 
 I 
 
DIVISION < 'or UTS ACT. 
 
 .Um.on.i. (0) In (!m- .'Inss ..f cmrs provided for l>y cliuisc (J) of 
 
 '""'""""■'siil.-M.ction I onlii>M.,lini.. il,..;i.l.litioMal.jiins.liction tlu-n- 
 l.y conlVnv.l >luill !i|.|.lv t'> <-l:iinis iuul i.rocrcdiiij^s a-aiiist 
 ai)scon<lin- <Icl.tors im.l.T s.rti.m •.':.;, mi<l siil.sn,iicnt sec- 
 lions of this Act: iiii.l in such cnscs the altiichiiiciit iiiny 
 i.siie and proceed in-is may h.' iiad on a ( laini of not less than 
 fti4 und not more than $'.M»(». 
 
 ('(>iii1)iuiu(i 
 ciiusos of 
 
 ttCtidll. 
 
 (;')) Claims condMninjj;: 
 
 ((/) A cause or canoes of action in respect of which Iho 
 jurisdiction of the Division Courts isjnthe l'f»re- 
 I'oin"' suh-sections of this x'ction. linnted to $('.'), 
 
 which causes of action are hereiiiarter desi^inatec, 
 
 as class (a). 
 
 {!)) A cause or can-es of actimi in respect of which tlie 
 jurisdiction of ilie >aid Coni'ts is hy the >aid sn!)- 
 sections limited to $l(in. which causes of action 
 are hereinafter dcsiiinated as class (/;); 
 
 (<•) A cau>e or causes of action in respect of which the 
 jurisdiction of the said Courts is hy the said sno- 
 sections limited to $■.'<><). which causes of action 
 are hereinafter desiunnted as class (r); 
 
 juav he tried and disposed of in one actiim, and the said 
 Courts shall have juii-diction so to try the same: Provided 
 Ihai the whole amount claimed in any such action in respect 
 of class {(i) shall not exceed $(!(!: ami that the whole amou;'t 
 claimed in any action in respect of classes (n) and (/*) coni- 
 hined. or in res]>ect of class (h) where no claim is made in 
 respect of class (a), shall not exceed $!(»<•, and that the whole 
 nninnnt claime(| in respetf of classes (n) and (r) or (h) and 
 (V) cond)ined. shall not exceed $".^00, and that in res])eet of 
 (lasses {h) and (r) comhlned. the wlude amount claimed in 
 respect of class (h) shall not exceed $100. 
 
 (4) The findinu- of the Conrt npon the claims when so 
 jcined as aforesaid shall he separate. U. S. (). ISST, c. 51, 
 s. 10 (2). (;5), (4). 
 
JI'lUSniCTION. 
 
 (T)) The Division Courts slinll nlso linvc jurisdiolion i"-/;'^;'",'^''- 
 oil nctions of replevin, where the value of the poods or other ro,.i.v.... 
 property or eiVects distrained, taken or detained, does tiot 
 fxeeed the sum of $(!<>, as provided in the Keplevin Aet. U. c.^uo.""^^' 
 
 7». ivxeept in cases in which n jury is legally demanded •/;';!"''*" 
 hy a party as hereinafter i)rovided, the .hidge shall hear and 
 determine in a summary way all (juostions of law and fact 
 and may make such ord.-ry or jud},nnents as api)ear to him 
 just and ajireeahle to ecjuity and guxtd conscience, which shall 
 he linal and conclusive l)etween the parties, except as herein 
 otherwise i)rovided. 11 S„ 0. 1887, c. 51, s. Tt) (1), i)art. 
 
 74. Tnon any contract for the payment of a sum certain Ju(ific may 
 
 I J ' •' . , order piiy 
 
 in lahour or in any kind of i^oods or commodities or m any uuMit in 
 
 •' ° 111 iiioiicy, 
 
 other manner than in money, the ,lu(l<;e, alter the day Jiasmthounh 
 
 ' contract 
 
 passed on wiiich the «ioods or commodities ou'dit to have heennot tor 
 
 1 '^ '^ payment 
 
 delivered or the lahour or otiier tilings jterformed, may givcinmomy 
 judgment for tlie amount in money as if the contract had 
 hcen originally so expressed. K. S. 0. 1S87, c. 51, s. 7J. 
 
 Til. I'lvery Division Court shall as regards all causes rowers of 
 of action within its jurisdiction for the time heing, have 
 l)owcr to grant and shall grant in any proceeding before such 
 Court such relief, redress, or remedy, or cond)ination of re- 
 medies, either al)solute or conditional, including the power 
 to relieve against i)enalties and forfeitures, and shall in every 
 such, proceeding give such and the like effect to every ground 
 of defence or counter-claim, e((uilahle or legal (subject to the 
 provision next liereinafter contained), in as full and ample 
 a manner as might and ought to ho done in the like case by 
 the High Court. T?. S. 0. 1887, c. 51, s. 73; GO V. c. 3, s. 
 3; c. 15, Sched. A (Gf). 
 
 [This section is amended by section 1 of the Amending 
 Act of the Legislature, passed January, 1898, as follows: 
 
 1. Section 75 of the Division Courts Act is amended byRev. stat, 
 adding thereto the following sub-section: amendJj! 
 
 D.r.A.— 3 
 
 I 
 
m 
 
 i4 
 
 DIVISION' COURTS ACT. 
 
 Division 
 
 Courts not 
 
 (2) Xolliiiio; in tliis section shall confer oi- he deemed 
 to«mnt \(, ],{^y(, confori'ed on a Division (Vnirt jurisdiction to m-aui 
 injunctions in cases otherwise within tlie coini)etenc;, of tlie 
 Court. 
 
 tionH. 
 
 Judgment 
 
 suninionR 
 
 wliere 
 
 lirincipitl 
 
 imd i'lter- 
 
 est sued for 
 
 seiiaratel> 
 
 2. "W'liere a jiidji'nient has l)een recovered in an action 
 ill tlic Division Coiu't, whicli, hut for tlie enactment of the 
 5tli section of clia])ter 14 of (iOtli \'ictoria, now suh-section 
 2 of section TI> of the Division Coni'ts Act, coiihl not liave 
 l)ecn recovered in tlie Division Coiii't. the Court oi- ,Iud,o-e 
 sliall Jiol commit the dehtor to oaol iqion ci' in coiiiicclion 
 with a judoniciit summons ^\■llere a jnd<iinent dehtoi- couhl 
 or woidd not iia\e heen connnitled to <iaol upon or in i'es|)i'ct 
 of a judo-ment recovered in a hioiiei- Court, or upon or hv 
 reason of an e.vaun'nation upon a judgnuMit summons issued 
 npon such Jast inentioiu ' judgment. 
 
 'I'he full text of tlie Amending Act will he found at the 
 end of this hook.] 
 
 Duty of 
 Court 
 where da- 
 fonc(! or 
 counter- 
 claim 
 involves 
 matter 
 Iwycnd 
 jurisdic. 
 tion. 
 
 T<». A\'liei'e, in any proceeding hcfoiv m Division Court 
 any defence cr connter-claim of the defendant involves 
 matter heyoiid the jurisdiciidii of the Court, such def(>nce or 
 connter-claim shall not affect tlio competence or the duty 
 of the (\)iirt to disjiose of the whole maiter in conti-oversv 
 so far as relates to tlie demand of the plaint ilf ami tli(> de- 
 fence thereto, iml no relief exceeding that which the Court 
 has jurisdiction to admininster shall lie given to the defend- 
 ant upon any such counter-claim. 1\ S. 0. ISST, c. r>], 
 s. 74. 
 
 [x\s to transfer of cases from tli(> Division Coiii-t to the 
 High Court, sec c. 51, s., 18G.] 
 
 fe°Jlo'' ''*'• -^'o I'l'ivilege shall he allowed to any person to ox- 
 
 ?n'm'.iuris>'"M't liini IVom suiiig aud being sued in a i)ivision Court; 
 Court" °' ^"'^ '^".^' executor or administrator may sue or he sued there- 
 in; and the judgment and execution shall ho such as in like 
 cases would he given or issued in the High Court. M S 
 1887, c. 51, s. 75. 
 
JUIUSDICTION. 
 
 35 
 
 7H. A minor inny sue in a Division Couvt for any sum ™;',^. 
 not exceeding-- $100 due to liini for wages, in the same manner f'•l•^^a,es. 
 as if he were'of full aj-e. 1^ S. 0. 18S7, e. 51, s. 7G. 
 
 7«._^1) A cause of action shall not he divided into two ra-esof^ 
 (,r more actions for the purpose of hringino- the same witlun ^.;'.-^^,_ 
 the jurisdiction of a Division Court, and no greater sum 
 than $100 shall l)e reeoverecl in any action for tiie balance 
 of nn unsettled account, nor shall any action for any such 
 l.ahmce he sustained where tlie unsettled account in ihe 
 whole exceeds $400. M. S. O. l«Sr, c. 51, s. IT. 
 
 {2) Where a sum for princi|)al and also a sum for in- 
 terest tlierecm is due and jniyable to the same person upon 
 a mortgage, bill, note, bond, or other instrument, he may, 
 notwitbstanding anything in tbis section contained, but sub- 
 ject to the otber provisions f/i this Act, sue separately for 
 every suui so due. (iO X. c. 14, s. 5. 
 
 .HO. A iud'niu'ut of a Division Court n])on an action .iiKi«nient 
 brought for the balance of an account sball be a full d is- discharge, 
 charge ol' all demands in resi)ect of the account for the 
 balance of which such action was brought, and the entry of 
 judgment shall l)e nuide accordingly. 11. S. D. 188T, c. 51, 
 
 S. ( o. 
 
 .SI. When it appears at any stage of an action otherwise Transfer of 
 
 , p ,, .... ,, i ii J 1 actions to 
 
 of the ])roi)er comi)etency of the Divisiou ( ourt, that such Hi«hCourt. 
 
 Court has not cognizance thereof, on account of the title to 
 
 land Ol- any cori)oreal or incorporeal hereditament, or any 
 
 toll, ( ustom or franchise coming in question, or the validity 
 
 of any devise, becpiest or liuiitation under a will or s(>ttle- 
 
 ment being dis])uted, tlie action shall not on tbat account 
 
 be dismissed, but a Judge of tbe High Court, or a Judge 
 
 of tbe Division Court, in wbicb tbe action is jtending, may 
 
 order the same to be transferred to the High Court upon 
 
 sm'h terms as to the payment of costs or otherwise as the 
 
 Judge making tlie order tbinks fit, and thereafter the action 
 
 shall ])roceed in the High Court as if originally commenced 
 
 therein, and as if tbe defendant had entered an appearance; 
 
 or the Judge making the order may give any directions as to 
 
 procedure which he deems proper. GO V. c. 14, s. 14. 
 
36 
 
 DIVISION COURTS ACT. 
 
 cases. 
 
 Causes ^2 j,^ (.r^^(, \\xq (]^^hi or damages claimed in an action 
 
 may be re- ^ 
 
 I'ertiorari '^roiiglit In ca Division Coiirt amounts to $40 and upwards, 
 i-'as^p'^H'*'" and in case it ajipears to any of tlic Judges of the Iligli 
 Court that tlie case is a fit one to be tried in the High Court, 
 and in case a Judge thereof grants leave for tluit purpose, 
 the actioii may l)y order of ccrliorari he removed from the 
 Division Court into the High Court u])on such terms as to 
 ])aymont of costs or other terms as the Judge making the 
 order thinks lit. l\. S. (). 1887, c. 51, s. 79. 
 
 !P 
 
 PKOCESS AND I'KOCEDURE. 
 
 Court S»$. When it is by this Act i)rovided that a claim may 
 
 action may bc entered, or an action brought, or that any person or per- 
 
 Ijc tried to , , . i^- • • /< i .i j_ ' 
 
 iiavofuu sons may be sued m a Division Court, or that an action mav 
 bo transi'erred to any other Court, such Court shall have 
 jurisdiction in the ])rcmises, and all proceedings may be had 
 and taken botli before and after judgment in or relating lo 
 such claim or cause as may now l)e had and taken, in o'- re- 
 lating to any claim or cause which has been lawfully entered 
 in the Court liolden for the division in which the cause of 
 action arose, or in which the defendant or any one of several 
 defendants resided or carried on business at the time the 
 action was brought. IJ. S. 0. 1887, c. 51, s. 80. 
 
 ■if 
 
 In what 
 Court 
 actions 
 may be 
 entered 
 and tried 
 
 Actions 
 may bo 
 brouqlit 
 and tried 
 in the 
 Conrt 
 nearest to 
 tlie defend- 
 ant's resi - 
 denf-e. 
 
 DIVISION IN WHICH ACTFON TO BE ENTERED. 
 
 S4. Any action cognizable in a Division Court may bo 
 entered and tried in the Court holden for the division in 
 which the cause of action arose or in which the defendant 
 or any one of several defendants resides or carries on a business 
 at the time the action is l)rought, notwithstanding that the 
 defendant at sucli time resides in a county or division dilTer- 
 ent from the one in wliich the cause of action arose. K. S. 
 0. 1887, c. 51, s. 81. 
 
 .S5.— (1) Such action may bo entered and tried and de- 
 termined in the Court the ])lace of sitting whereof is the 
 nearest to the residence of the defendant, and the action 
 may be entered, tried and determined irrespective of the 
 ])lace Avhere the cause of action arose, and notwithstanding 
 that the defendant at the time resides in a county or division 
 
DIVISION IN WIIIf'H ACTION TO BE ENTERED. 
 
 other than tlie county or division in whicli the Division 
 Court is situate, and the action entered. K. S. 0. 1887, c. 
 f)!, s. 83 (1). 
 
 (2) It shall he sufficient if the summons in such case be 
 served by a hailill' of the Court out of which it issues, in the 
 manner provided in section lOU of this Act; and upon judg- 
 ment recovered in any such action a writ of fieri facias against 
 the goods and chattels of the defendant, and all other writs, 
 process and proceedings to enforce the payment of the judg- 
 ment, may he issued to the bailiff of the Court, and be ex- 
 ecuted and enforced by him in the county in whicli the de- 
 fendant resides, as well as in the county in which judgment 
 was recovered. 11. S. 0. 1887, c. 51, s. 82 (2). 
 
 86. in case a person desires to bring an action in a 
 division other than as in the next preceding two sections 
 mentioned, a County J iidge may by special order authorize 
 an action to bo entered and tried in the Court of any divi- 
 sion in his county adjacent to the division in which the de- 
 fendant or one of the several defendants resides, whether 
 such defendant resides in the county of the Judge granting 
 the order or in an adjoining county. II. S. 0. 1887, c. 51, 
 s. 83. 
 
 ST.— (1) ^Yhen it is by this Act provided that a claim 
 may be entered, or an action brought, or that any person or 
 ])ersons may be sued in a Division Court, such action may be 
 brought, notwithstanding that the residence of tli3 defendant 
 is, at the time of bringing the action, out of the Province of 
 Ontario, and such action may be brought in the Division 
 Court of the division in which the cause of action arose or 
 partly arose, and continued to completion in as full and 
 eifectual a manner as might have been the case if the defen- 
 dant resided in the Province. 57 V. c. 23, s. 12; GO V. e. 
 14, s. 12. 
 
 (2) The service of the summons in any such case may 
 be made by a bailiff of the Court out of which it is issued, 
 or by some competent person, who may, either before or after 
 the service, be approved by the Judge or the clerk of the 
 
 3i 
 
 Service of 
 summons 
 in such 
 cases. 
 
 Execution , 
 
 When 
 
 actions 
 may be 
 brought in 
 otlier than 
 the regular 
 divisious. 
 
 Actions 
 when di- 
 fendant 
 resides out 
 of the 
 Province. 
 
 Service of 
 summons 
 on non- 
 residents. 
 
 I 
 
as 
 
 DIVISION COURTS ACT, 
 
 Proof of 
 Bervice. 
 
 Allowance 
 for service 
 out of 
 Ontario. 
 
 Where 
 defendant 
 is a cor- 
 poration 
 the liead 
 otlice of 
 which is 
 not ill 
 Province. 
 
 Wliere 
 money 
 made jiay- 
 ahle out 
 of the 
 Province. 
 
 Place of 
 trial where 
 amount 
 sued for ex- 
 ceeds SlOO ; 
 chanpiiig 
 place ot 
 trial ill 
 such cases. 
 
 Court for tliat purpose, 1)U( siicli siiininons shall bo served 
 at least fifteen days before the return day thereof, :'u V. c. 
 23, s. 13. 
 
 (3) The necessary aflklaA'it of service, if not made before 
 a Division Court clerk, or a commissioner for takinjjj alh- 
 davits in the Province, may be sworn before any notary 
 puljlie in the country in which such service lias been made, 
 and such allidavit shall be held to be as effectual as if made 
 by a baililf of the Coiut, liefore the clerk. 57 Y. c. 23, s. 11. 
 
 (-1) In any case in wliicli service of the sumiuons on Uu' 
 defendant lias l)eeii elfected out of Ontario, the dudoe may. 
 ujjon apjdication to him, allow, as costs in the cause, a siiin 
 of money towards tlu' expenses incurred in elfectin,u: such 
 Bervice, but such allowance shall not in any case exceed in 
 the whole five dollars. GO Y. c. II, s. 13. 
 
 HH. Ill every case where the defendant is a corporation 
 not having its head otlice in tlie rrovince and the cause of 
 action arose ])artly in one divisi(m and partly in another, ilie 
 jilaintitr may bring his action in eitlier division. }{. S. 0. 
 1887, c. 51,' s. 81." 
 
 HO. Wliere the debt or money payable exceeds $100, 
 and is 1)y the contract of the ])arties made ])ayable at a place 
 out of the rrovince of Ontario, tiie action may 1)0 brought 
 tiiereon in any Division Court, subject, however, to the place 
 of trial being changed ujwn the application of one or more 
 of the defendants as provided by the ne.\t succeeding section. 
 K. S. 0. 1887, c. 51, s. 85. 
 
 1MK— (1) Where the del)t or money ])ayable exceeds 
 $100, and is made jiayable by the contract of the parties at 
 any ])tace named therein, the action may be brought thereon 
 in the Court holden for the division in which the place of 
 payment is situate, subject, however, to the ])lacc of trial 
 being changed to another division in which the Court holden 
 therein has jurisdiction in the jiarticular case. 
 
 (2) 'J^^ procure such change an order to that elfect shall 
 be obtained by the defendant from the Judge of the county 
 in which the action is brought. 
 
 
0. 
 
 m 
 
 f 
 
 DIVISION IX WHICH ACTION TO BE ENTERED. 
 
 (3) The api.lication for tlie order sliall l)c made within 
 eicrht days i'roiu the day on which the defendant who makes 
 tilt, ai.niieation was served with the sinnnions, wliere the 
 service is reqnired to he ten days hefore the return; or w.thm 
 twelve days after the day of such service, where the service 
 is reiiiiircd to be lifteen days or more heiorc the return. 
 
 (^1) The application, shall he on afiidavit that the ap- 
 plicant intends to defend the action, that he has a good 
 Ilefeiue upon the merits, that the cause of action did not 
 wholly arise in the division in which the action is hronght, 
 and tiiat the witnesses for the defence, or some of them, re- 
 side within the division in which the defendants, or one of 
 them, resi<Ted or carried on husiness at the time the ac- 
 tion 'was hronoht, and that the ai^plication is not made for 
 the i)uriioso of delay; the date of the next two sittings of the 
 Court to which it is sought to have the cause transferred 
 shall also he shown. 
 
 (5) The afTidavit shall he made by a defendant, or in 
 c-ase satisfactory reasons are shown for the same not heing 
 made hy a defendant, then hy the solicitor or agent of a de- 
 fendant. 
 
 (6) The order shall direct at what sittings of the Court 
 the action shall he tried, suhject to all rights of postpone- 
 ment as in other cases, and shall he attached to the suni- 
 nions and other ])roceedings in the action by the clerk, who 
 shall forthwith transmit the same to the clerk of the Court 
 in which the action is by such order directed to be tried, and 
 enter a minute thereof in his procedure book. 
 
 (7) Upon receipt of the order and other papers by the 
 clerk of such last mentioned Court, he shall enter the action 
 and proceedings in his procedure book. 
 
 (8) All the ]ia]iers and proceedings in the cause there- 
 after shall be entitled and had and carried on as though the 
 action had originally been entered in the said last mentioned 
 Court. 
 
 89 
 
 I 
 
^t-.— -Hv. 
 
 m 
 
 i5 
 
 When 
 action 
 entered iii 
 wront,' 
 Court. 
 
 . DIVISION COUll'i'S ACT. 
 
 (9) It shall bo the duty of the defendant obtaining the 
 order forthwith to serve, or cause to be served, a coi)y of the 
 same npon the j)\a'r'iK or his agent in the same manner as 
 summonses are reiiui'r I to be served under this Act. R. S. 
 0. 1887, c. 51, s. 8G. 
 
 [As to actions on insurance premium notes and assess- 
 ments, see c. 203, s. 138.] 
 
 Ol. — (1) If an action shall ])e entered in a Division 
 Court wliicli sliould liave Ijcen entered in some other Division 
 Court of tlie same or some other county, the cause shall not 
 abate as for want of jurisdiction, l)ut on such terms as the 
 tfudge shall order, all the i)apers and proceedings in the 
 cause may be transferred to any Division Court having juris- 
 diction in the premises, and shall become i)roceedings thereof 
 as if the cause had been at first properly entered therein, 
 and the same shall be continued and carried on to the con- 
 clusion thereof as though the action had originally been 
 entered in the said last mentioned Court; but the party 
 making the application shall satisfy the Judge by alTidavit 
 of the alleged want of jurisdiction of the said Court, li. S. 
 0. 1887, c. 51, s. 87; 52 V. c. 12, s. 5, part. 
 
 (2) The clerk of the Court to which proceedings have 
 been transferred, shall ])lace the action on the list for trial at 
 the next sittings of his Court, if lie receives the ])apers in the 
 cause six clear days or more before the date of the said sit- 
 tings, but if not, then he shall ])lace it on the list for trial 
 at the sittings next thereafter: and he shall forthwith, after 
 receiving the said papers, notify the parties or their agents 
 l)y mailing them registered notices informing them of the 
 date, hour and place of the said sittings, and the clerk of 
 the Court issuing the summons shall certify in detail to the 
 Court to which the case is transferred all the costs incurred 
 in the action up to the date of such transfer. 52 V. c. 12, s. 
 5, part. 
 
 !H>.— (1) ]-:vcry clerk or bailiff may sue and be sued 
 
 ay^sue for any debt due to or by him, as the case may be, separately 
 
 adjoinh,g '''■' •'°"'t^y ^^^th another person in the Court of any next ad- 
 
 divisious. joining division in the same county, in the same manner, to 
 
 Clerks and 
 
 bailiffs 
 
 ni 
 
 an 
 
 sued in 
 
"iji— -H^.: 
 
 DIVISION IN WHICH ACTION TO 15E ENTEIIED. 
 
 all intents and purposes, as if the canse of action had arisen 
 ^vithin such next adjoining division, or the defendant was 
 reside..t therein, and no clerk or hailiif shall bring any ac- 
 tion in the Division Court of which he is clerk or baililf. 
 II. S. 0. 18S:, c. 51, s. 88. 
 
 (2) Nothing in this section contained shall be taken to 
 prevent any proceedings from being continued in the Court 
 in which the action was brought, where such action was 
 commenced l)ef()re the ai)pointmcnt of such clerk or bailill". 
 53 V. c. 13, s. G. 
 
 Actions l)y 
 and against 
 clerks iiutl 
 bailitl's 
 conimouc- 
 ed before 
 iippoint- 
 niunt. 
 
 oi 
 nmy 
 
 «». Xotwithstanding anything in this Act contained, a c;|^«|\';^ _ 
 clerk or bailitf of a Division Court may be sued in the Court '^l^'^.'H'' 
 of an adjoining county, the place of sitting whereof is near- adjonHn« 
 est to the residence of the defendant without the county in 
 which he holds his oflicc as clerk or baililV; and upon a tran- 
 script of a judgment which may be recovered against any 
 clerk or bailiff in such action being sent to and received by 
 the clerk of the Court of any division adjoining the division 
 for which the defendant was or is clerk or baililf in the 
 county in which tlie last named division is situate, with a 
 certificate of the amount due on such judgment, as provided 
 by section 233 of this Act, such proceedings for enforcing 
 and collecting the judgment by way of execution and other- 
 wise may be had and taken in the Division Court to whicli 
 tlie transcript has been so sent by the otiicers thereof as may 
 be had or taken for the like purpose upon a judgment regu- 
 larly recovered in any Division Court. R. S. 0. 1S87, c. 51, 
 s. 89. 
 
 04. Any action, by or against a Judge or Junior Judge 
 of ci County Court, which is within the competence of a 
 Division Court, may be brought in a Division Court of any 
 county adjoining that in which the Judge or Junior Judge 
 resides; and any action by or against a stipendiary magis- 
 trate, if the same is within the jurisdiction of any Division 
 Court of his district, may be brought in any Division Court 
 of any adjoining county or district. R. S. 0. 1887, c. 51, 
 s. 90. 
 
 Action 
 
 against 
 
 County 
 
 Jiid«eor 
 
 stipendiary 
 
 magistrate 
 
 _^a 
 
42 
 
 DIVISION ronrrs act. 
 
 i I 
 
 Trial may «5. Xotwitlisliindin? anything? in this Art oontainod, 
 
 1)V COllSfllt 
 
 ileinaiiy j^iiy iictinii wltliiii Hh' jurisdiction of the Division Courts 
 (hvisiou. ^^^^^^ ^^^^ (.,i1fic(l, tried and finally (lis|)osod of by the eonseni 
 
 of all parties in any Division Court. 1?. S. O. ISST, c. ."il, 
 
 s. 01. 
 
 Forwar.i- !M». 'i'lic clerk of any Division Court shall, when re- 
 
 monies for (pi iivd, forward all summonses to the clerk of any other 
 other'" Division Court for service, aiul the ck'rk of any Division 
 .iivisions. ^,^^^j.^ ^j|.^]| ,.^.(,^.jy(. „„y snninionses sent to him l>y any other 
 
 Division Court clei'k for service, and he shall luind tlie same 
 to the haililT for service, and wiien returned sliall receive 
 the same from the hailill' aiul retui'U them to the clerk from 
 whom he received I hem. and vsvvy clerk shall enter all such 
 procGedin<is in a hook to he kept hy him for that purpose. 
 11 S. 0. ISSr, c. T)!, s. !)2. 
 
 Notices 
 to l)c ill 
 writing. 
 
 riiiiiitiir to 
 enter copy 
 of lis 
 claim with 
 clerk. 
 
 1>7. In all cases not already ])rovided for, where, in any 
 action or proceed iii<i- in a Division Court, it is necessary for 
 any jiarty tlicreto to ;:ivc notice to any otiier party thereto 
 or to tlie clerk of tiie Court such notice shall lie in writing. 
 
 Vx. s. 0. issr, c. 51, s. !);}. 
 
 i:XTKV OK ( LAI.M, SKUVICK, ETC. 
 
 !KH.— (1) '{"he plaint ill' shall enter with the clerk a eoiiy 
 (and, if necessary, copies) of his account, claim or demand 
 in writing in detail (and in cases of tort, particulars of his 
 demand) and each copy shall lie numbered according to the 
 order in which the cojiies ai'c entered, and thereupon a sum- 
 mons shall be issued, hearing the number of the account, 
 claim or demand on the margin thereof and corresponding in 
 snbrftancc with such form as may be ]»rescribc(l by the general 
 rules or orders relating to Division Courts from time to time 
 in force, according to the nature; of the account, claim or 
 demand, and on the trial of the cause no evidence shall be 
 given by the ])laintiir of any cause of action except such as 
 is contained in the account, claim or demand so entered. 
 
 (2) In any action brought to recover a sum o*" money 
 due on a promissory note, the note shall be filed with the 
 
 W^ 
 
ENTUV OK CXAFM. SEIlVICR, ETC. «» 
 
 r.lork before iml^Muenl, unless otherwise ordered, or unless 
 ;;:;\o::orthoUl.esUownorthatit^a...ior^.^^^ 
 other satisluetory reason he produced. K. S. O. Ih.s., c. ..1, 
 
 »» ■n,,. Mi.i.uiiv sh,di run.isi, ii.c clerk with the pai- };i;sr° 
 
 tlio i.laintiIVs iMi-ticulais lo the s.unim.ns, and he » i.ui ,„.„.,eo. 
 
 llLu'c^nc. uLoi to the KO„er ,.,.„n to .orvc the .a,„o. 
 J{. H. O. 1887, c. 51, s. 95. 
 
 100. The sunnnons, with e-M'V ol tlie .ucount o "t„„ 
 
 AW. .wf.if.l.i.J < iM )(> served ten 
 
 the particulars of the clauu or de.nand at ach d, shall ' .^.,.f.^ 
 served ten days at least before the return day thereot. L..aun.aay. 
 S. (). 1887, c. 51, s. 90. 
 
 101. In ease anv defendant resides outside of the ^vhen .u,^ 
 county in M-hich the aciion is brought, tlie sunnnons shal l>o^v^.f_^ 
 «orve.l on every such defendant fifteen days at least l)ol<>re .esiaes ..ut 
 the return day"thoreof. 5- V. c. 12, s. 8; HO Y. o. ;5, s. :5. 
 
 102. There shall be endorsed upon every sunnnons ^ indorse- ^^^ 
 notice inlorn.in^v the defendant that in any case in winch an .un.u.on. 
 order niav be n.adc changing the place of trial application 
 
 must be made to the Judge ^vithin eight days after the day 
 of service theivof (where the service is re^iuired to be ten 
 davs before the return), or ^vithin twelve days after the day 
 of' such service (where the service is required to be lilteen 
 days or more before the return). R. S. 0. 1887, c. 51, s. 98. 
 
 10». In case the amount of the account, claim or ^^c- when^Rer- 
 mand exceeds $15, the service shall be personal on the ^^'vo^c^cr 
 feiulant, and in case the amount does not exceed $lo, tlie 
 service may be on the defendant, his wife, or servant, or some 
 grown person being an inmate of the defendant's dwelling- 
 house, or usual place of abode, trading or dealing. II. S. 0. 
 1887, c. 51, s. 99; 52 Y. c. 13, s. 9. 
 
 GENERAL PROVISIONS. 
 
 104. Where it is made to appear to the Judge upon s„bRtitu- 
 amdavit that reasonable efforts have been made to effect per- ^t" vice. 
 
44 
 
 KFvrsioN conn's act. 
 
 f' 
 
 Service uf 
 luuceHs, 
 t'tc, oil cur 
 liorutioiis. 
 
 Interi)reta- 
 
 tioii 
 
 "atft'iit." 
 
 ponal scrviro of tlic siiiiiiiions ii|i..ii llic dcfcndiinl, primniv 
 debtor or giiniislict'. nnd cilhcr tluit tlic siinmions luis coin.' 
 (() the knowlcdp' of llic (Icrciidniit, priiiiary dcMor or pirn; 
 slieo, or tliiit lie wilfully I'Viidcs service of the Siuue, or h;,-; 
 id)soonded, eitlier Ix'l'ore or iifter (lie issue of the siiiniiion-, 
 or is out of the Proviiico of Ojitario, but lins in Ontarid iin 
 oflioe iuid an airont doin^^ l)usiness on Ins behalf, the .In,!-'' 
 iiiny, l)y order, jrrant leave to the ]»laintilf to servo the siiin- 
 mons in such manner, at such ]ilace, or U|)on such person 
 for the deJ'endant, ])riMiary debtor or «i'arnishee, jis to Ihim 
 may seem ]»roper, and may onnit leave to jlie plaint ilT In 
 j)roceed as if jtersonal service had been ell'ected, subject (o 
 such conditions as the .ludp' may impose, 1{. S. (). 1SS7, c. 
 5], s. 100; 51 V. c. 10, s. 1; r>'i V. c. 13, s. 10. 
 
 10»>. — (1) I'lvery suiiiiiions or process issued out of u 
 Division f'(jurt a.uainst a cor])oration, lii-n; or iii(li\ idiml 
 mIioso chief jdace of business is not within tlie I'i'ovinc<', 
 and all subscijuent jiajjcrs ami proceed inj^s in the action, or 
 procccdinf,' in which the summons or ])rocess has been issued. 
 may be served on the aucnt of the cor]»oration, firm or indi- 
 vidual whose oflice or place of busim";s as such a;.;-ent is eitlui' 
 within the division in which the suui tions or ])rocess issued, 
 or is n(>arest thereto. L\ S. (). iss:, c. 51, s. 101 (1); 52 V. 
 c. ]y, s. ]]. 
 
 (2) ]'V)r the pnri>oses of this section the word " agent " 
 shall be held to include: 
 
 {(i) In the case of a railway company, a station-master 
 havincr charge of a station belonging to the railway 
 coni}»any; 
 
 (b) In the case of a telegraph company, a person having 
 
 charge of a telegraph ollice lielonging to the tele- 
 graph, company, and 
 
 (c) In the case of an express company, a person having 
 
 charge of an e.\|)ress oflice belonging to the express 
 company. J?. 8. 0. 1887, c. 51, s. 101 (2). 
 
^ 
 
 ^ 
 
 OENEHAL I'KOVISIOXS. 45 
 
 10«. TIh- pnstiiun' OH piipcr.s miuiivd to 1)C served out I'°«"'k«'- 
 „f the division, and sent by mail for service, shall be costs in 
 the cause. II S. 0. 18H7, c 51, s. 103. 
 
 I07. Where there is no bailill' of Ihe Court in whidi h«w pro- 
 tl,o action is brought, or when the baililT has been suspended nu.y ..^^^^ 
 l,v order of the Judjie, or where any summons, execution, a uistance. 
 sebpccna, process or other document is recpiired to be served 
 „r executed elsewhere than in the division in Avhicli the ac- 
 tion is br..u<rlit, it may, in tlie ek'ction of the j.arty, bo 
 directed to be served and executed by the ])ailiir of the divi- 
 sion in or near to which it is re.iuired to be executed, or by 
 «ucli other l)ailiir or person as tiie dud^e, or clerk issuing' 
 the same, orde.s, and may, for tliat j.urpose, be transmitted 
 by ])ost, or otherwise, direct to siicli baililV or pers.'., without 
 l,;.iujr sent to or through the clerk. IJ. S. O. 1887, c. 51, s. 
 1(>;}. 
 
 lOH.ln cases mentioned in the last ].rcceding section it -".t'.rf a"[,i 
 shall he the duty of the bailill' to serve and execute all ^^m- ^^^;^ll;y_ "f 
 nionses, executions, subpoenas, ])rocess and other documents, 
 and mak<' return thereof witli reasonal)le diligence, and to 
 l)ay over, on demand, all moneys by him levied or received 
 thereon; and for neglect or default therein, in ad- 
 dition to any other remedy against the baililT, 
 he and his sureties shall be liable, on their cove- 
 nant to the i)arties aggrieved, as if the summonses, execu- 
 tions, sub])(jenas, process and documents had issued from or 
 related to some action in the Court of which he is baililf. 
 11 S. O. 1887, c. 51, s. 104. 
 
 101I. The clerk shall i)re|)are an allldavit of service ofcipikto 
 
 1 • i J 1 • p prepare 
 
 everv summons issued out of his Court, or sent to him lor anuiavitscr 
 
 * S61*VlCt> 6tC 
 
 service stating how the sann were served, the day of service, 
 and the distance the baililf necessarily travelled to effect 
 service, and the aflidavit shall be annexed to or indorsed on 
 the summons; but the Judge may require the bailiff to be 
 sworn in his presence, and to answer such questions as may 
 be i)ut to him touching any service or mileage. R. S. 0. 
 1887, c. 51, s. 105. 
 
 I 
 
k; 
 
 Oni'or 
 
 DIVISION roUHTS ACT. 
 
 I'ARTNKKS. 
 
 110 III ciix' I'f !i (It'll! »tr (Iciiiiind ii^iiiiiist two or inor<' 
 Boi.Hjoiniiy |l(.|•s^ll^. piiil iH'is ill tnidc nr otlicrw is(« jointly lialilc. I. in 
 Koci!'''' ivsidiii;;' in (lillViviil divisions, or one or more of whom ciiu- 
 iiol lie round, one (H' more oT such persons niiiy he scrvi'^1 
 with process, iilid Jilduliielit niilV he ohtiiiiied illld execnljoh 
 issued ii<'inii.-l the per.-on or persons serveil, noluilhstiindiii;' 
 (.tilers joilill.v li;ih|e liil\f liot lieell serve(| or s\ie(|, i-eserviii- 
 nlwiivs jo the person or persons ii,L,^iiinst whom execiilioii 
 issues his or their rii:lil to deiiiiind contrihntion I'roni niiy 
 other |)erson jointly liiihle with him. If. S. (). ISHT, c. ,"ii, 
 8. lot). 
 
 Iiailiff may jIll. Where jlld.ll'lliellt hiis heen ohlilitied ilirililisl siicli 
 
 p"'rtV'>f pjirliicr. illld the .liidi^c c"rlilies thnt the deiiiiind ]»roved \v,i> 
 
 cfriiiiciite strictiv ii partnership t rfinsiict ion. the haililT. in order to 
 
 satisl'v the judii'iiieiit and costs and ehari^cs thereon, may 
 
 seize and sell the property of the linn, as well as that of tlu' 
 
 (Ic'fondants who have heen served. 1{. S. (). ISST, c. 51, s. Kf,. 
 
 ADDixc i'Airrii:s. 
 
 ;|,f;}5;'« llti. The rollowiiii:' provisions shall apply to and in 
 
 iHiiVmry"*' I'fspcct ol'aiiy act ioii hroiiizht in a l)ivi>ion Court: 
 
 (lelitor or ^ ,,,, , , j ■ ,• , ■ i 
 
 tjariiisiiei.'. 1. I lie .MidLi'e may. at iiiiy time alter action comnienceil. 
 
 upon the application of either party, and upon such terms a- 
 may apjiear to him to he just, order that the name of any 
 ]»arty who oiiiiht to have heen joined in the action as a de- 
 fendant, primary dehtor or jiiirnishee. shall ho added as a 
 ])arty defendant, ])rimary dehtor or ;^arnishee. 
 
 '3. If it appears to the .Iiidu-e. (dther Ixd'ore or at the 
 trial of an action, that any party oujilit to he ad(h'd as a jiarty 
 dofondant, jirimaTy dehtor or ,izarnisliee, in oi'der that tim 
 Conrt may settle all i'i,i:lits and (piestions involved in the 
 action, the diid^^'c may order such ])arty to he added, ac- 
 cord in, uly. 
 
 seiyiccon 3. I'lverv iierson whose name is so added as a defendant, 
 
 partius . ■ ' 
 
 a.i.i«.i. primary dohtor or garnishee, shall be served with a copy oi' 
 
 f"^ 
 
47 
 
 AI)l»IN(i I'AiniES. »» 
 
 tl, sununon., tlu- nri.i.u.l sunnnuns '-"^^ '^^^ i:'''^;;;^^ 
 ..nnnlnl. m.h! llH. iu-o.v...liM^'s n.n.insl sndMi.M.M .olom ant, 
 
 ,.i,,,,,,, ,,,,,,,,,,, pu-nislu.^ sluni iK. d..nu;d to Inn. ^ 
 
 ;...nn.H:mnl ,nun tlu- .l.tr olMl.. onln^ i.K.ku.^' Imn a ,. . .> 
 
 I ,iont<.adda-n-,mHyasa,.artyd.lV.Hlaut,,HM,narv.M.torM 
 ..aniislH." luMuaJ.. at 11.0 trial, tlu. .hi.lj^e may .nakr tlu- onl... 
 In a sununarv nunn-.T. ana nu.v .lis,K'ns<. witlMlH> sp-vu.o oi 
 , ,,,pv ..!' tlu". Munnio,:. if snch .IHVn.lani, i.nnu.ry .l.'l.tor ..r 
 p.rni^hrc, or his solicitor consents tl.crcK.. u,H.n such ,crms 
 a. to cosls or an a.l, journnicnt of tl.c (rial, as to tliclu-jo. 
 shall ai.pcarjnst. If. S. O. iss;,c. M,s. lOS (I-:!); r.'^ \ • e. 
 U', s. 13. 
 
 4. Any tw.. or more persons clainiinir, or hciti^ IimMc as servi..- m. 
 ro-partntM-s", may snc or l.c sued in the nanu> of the respective 
 linns, if any. Where partners are sued in the name of their 
 
 ,ig 11,., „^ tin. summons may he served on one or more of the 
 
 j.arlm'rs, and, snl.jeci to the provisions in the next two snh- 
 K'ctions eontMined, such service sliall he deemed f-ood ser- 
 vice upon the linn; hut the allidavit of the service of tlio 
 summons shall state the name of the partner serv<d. Any 
 ]iarty may, at any time hefore or after jud.ument. apply to 
 the Judge for an order directinj;- a statement to he funiislied. 
 of the names of all the persons who are co-piirtners in any 
 linn wiiich is a party to the action hy the firm named. 
 
 5. AVhere a judoinent is against partners in the name ->f ^if^j^.'^*'"" 
 the linn, execution may issiu' in the manner following:— I'artnevB. 
 
 (a) Against any goods of the partners; 
 
 {b) Against the goods of any person who lias admitted 
 in the notice of dispute or defence filed that he is 
 a ])artner, or who has heen adjudged a partner; 
 
 (c) Against any jierson who has ])een served as a part- 
 ner with a copy of the siinnnons and who has failed 
 to a[)pear. 
 
 6. Ui)on the trial of an action against a firm, if tlio Adding 
 
 nn • 1 • p ^ • • • 1 • 1 1 • partners as 
 
 plamtifi IS desirous ot ohtammg a ,iudgment against the in- defendants 
 dividual partners, other than t'\e one served with a copy of 
 
 f"^ 
 
48 
 
 III pioceed- 
 iiiRs by 
 special 
 
 SUIIllllOIlS 
 
 filial 
 
 jiuigmciit 
 eiitei'tnl 1)V 
 tlie clt'vU " 
 when . laim 
 ill' wlidle or 
 ill ))ai't not 
 (lisimted, 
 etc. 
 
 DIVISION COUmS ACT. 
 
 Ilie summon.s and in addition to iiis jndgnicnt against tl, > 
 firm, lie may in-ocurc tlic addition of the remaining ])artnoi - 
 as defendants under sub-sections I and ;) of this secliou, an i 
 thereafter proceed aji'ainst them in the action as in oth( ;• 
 cases. K. S. 0. ISST, c. ol, s. H)8 (4-G). 
 
 junnMF.XT nv pkfai'lt \viii:ui': summons sitxtally 
 
 ENnORSED. 
 
 li;$. In actions l)ronglit in a Division Court for il;" 
 rocoverv of any deht or money demand, where the partienhii > 
 of tlie ])]aintilT"s claim, will) I'casonahlc ccriainiy and detaii. 
 are endoi-scd on or attached to the summons, and a cojiy (.r 
 tlie summons and ])articulai's, with a notice in the form ])i'<- 
 scrilied ])y the fjeneral ruh's ()r ()i'(U'rs rchitin^g to Divisim) 
 Courts from time to time in force, annexed to or endorsed mi 
 sucli copy lias heen duly served, then, unless the defendai'l 
 has left with the clerk, within ciizht days after the day of 
 service (whei'c the sei'vice is r(M|nire(l to he ten days hefoiv 
 the return), or within twclv(^ days after tlie day ot' servic" 
 (whei'e the sei'vice is rc(|uire(l to he fifteen days before tin' 
 icturn) a notice to the eiVcct that he disputes the claim, or 
 some ])ai't, and how much thereof, (inal judji'ment may he 
 entered hy tlu> clerk' on tlie return of such summons, or at 
 any time within one month thereafter for tli(> amouiii 
 claimed in such ]>art iculars. or so wwiAx (hereof as has not 
 heen dispnted, and execution may issu(^ thereon at the in- 
 stance of the ])laintiiT without ])rejndice to his ri.sjht to re- 
 cover for the remainder of his claim. 1?. S. (). 1SS7, c. oi. 
 s. lOJ) (1); of] V. e. 15, p. 3. 
 
 Summons, 114. _(i) xiip (lual iud"-ment so entered may he in tic 
 
 particulRvs _ ■< t^ . ^ 
 
 andamda- form iircscrihed hy the u'eneral rules or orch'rs relatins; to 
 
 vit to bo ' ■ ' 
 
 filed. Diyision Courts from time <o time in force, hut no such 
 
 jiid,u:ment sliall he so entereu until the summons and par 
 liculars with an anidavit of the due service of hotli ha\e 
 l>een filed. 
 
 .hidco may 
 set aside 
 
 (2) The Judfre may set aside such judfrment, and perm i I 
 judgment. |],p ^r^^^ ^^ ^^^ tricd, on sufTicicnt grounds shown, on sucli 
 
Jl'DOMENT BY DEFAULT. 
 
 m 
 
 against t] ' 
 ng })art]ier- 
 icction, aii i 
 IS ill otli. :• 
 
 I'X- TALLY 
 
 irt for tli- 
 parliculai^ 
 and (lotaii. 
 1 a copy I'l' 
 fonii \)V(- 
 to I)ivisii>i) 
 
 'll(li)rs('(l mi 
 ' (Icfcndi)!'; 
 
 llio (lay 111' 
 (lays Ix'l'o!; 
 • of sorvic' 
 
 Ix'i'on^ till.' 
 claim, n\- 
 ■lit may 1 1' 
 iionSj (ir ai 
 ic amoiuii 
 
 as lias iml 
 
 at tlio iii- 
 ■ialit to n - 
 l8,sT, 0. r. 1. 
 
 V 1)0 in ill" 
 rolatin,2: l'> 
 lit, no siicii 
 IS and par- 
 botli ha\i' 
 
 and pormi! 
 n, on siic'i 
 
 f'j-'iE'- 
 
 terms as to costs and otherwise as lie tliinks just. 1?. S. 0. 
 ]SS7, c. 51, s. 101) (2, 3). 
 
 115 AVl-.en .luc jiroof is made liy afTidavit or otherwise -T'^'tont 
 of the service of a special snninions issned under the pre- 1',;^,^;';,^;:,^ 
 ocdino- section of this Act, and of particnlars of the plain- |;';'j;.n''i,«- 
 titr's claim or demand as recpiired hy the said section, and entered, 
 final jud.trment has not heen entered nnder the provisions 
 thereof, the Judge may, if the defrrdant does not, in per- 
 son or hy a,a-eiit, appear in open Court, ])ursuant to and as 
 required hy the summons, g'wo jud.ii'ment against the defen- 
 dant hy default, without reipiiring proof of the plaint i(l"s 
 claim or demand, and with the same consequences and effect 
 as if the plaintiff had proved his claim or demand in open 
 Court. 11. S. O. 1887. c. 51, s. 110. 
 
 IIO. Tn an action within flic meaning of section 113 of Motimijor 
 this Act for the recovery of the sum of $25, or upwards, the' 
 ])laiiiti." in the action may, on an alTidavit made hy himself, 
 or hy any other iierson ^vllo swears positively to the deht or 
 cause of action, verifyirig the cause of action, and stating 
 tliat in his helief there is no defence to the action, concur- 
 I'cntly with the service of tlic summons commencing the ac- 
 tion, or at any suhseipient time, serve the defendant •with a 
 notice of motion to show cause hefore the Judge of the Divi- 
 sion Court in ^\•hicll the actic.n is hrought. Avhy the jilaintilT 
 should not he ..i liherty to have final judgment entered in 
 his favour hy the clerk for tlie amount of the deht or money 
 demand sought to he recovered in the action, together with in- 
 terest, if any, and costs. A copy of the alTidavit shall accom- 
 ])any the notice of motion. The Judge moy thereupon, unless 
 the (Icfendant, hy affidavit or otherwise, satisfy the Judge that 
 he has a good defence to the action on the merits, or disclose 
 such facts as may he deemed sufTicient to entitle him to 
 defend the action, make an order em]iowering the clerk to 
 sign final judgment accordingly. GO Y. c. 14, s. G. 
 
 (2) The application hy the* plaintiff' for leave to have 
 
 final judgment entered in his fa ''our under the provisions of 
 n.c A. — 4 
 
! I 
 
 50 
 
 11^ 
 
 Leave to 
 disinit-' 
 clniiii at 
 any tiiiio 
 bet'ort! 
 juilgiiieut. 
 
 DIVISION COURTS ACT. 
 
 Ibis ^oelion. sliall he iiuide on notice roturnablo not loss than 
 two clrar days after service. 
 
 {',]) 'Vhv (Irfeiidant may slunv canse against the a])i)lica- 
 tion by oll'erinii- to briiifr into C'onrt the amount soii«,dit to 1).. 
 reeovered in ilie aciion, or by allidavit. In tlu^ alVidavit br 
 slial! stale wlirthcr the didVnee be alk-es g-oes to the whole 
 or to pari onlv. and it! so, to what part of the plainlill^ 
 claim. And lli'e -hid-e may. if be lliinks 111, order tlw dc- 
 tVndant to allend and bo rxaniined upon oath, or lo pro- 
 ilmv any I)ooks or documeiils, or copies of, or extracts Iherc- 
 froiH. 
 
 (1) Tn ease it appears that the dercnce set up by the 
 defendant applies only to a part ot the plainiitrs claim, or 
 that any part of his claim is a.lmitted to be due, the plainlilT 
 shall be entitled to have final jnd.mncnt entered forlhwiib 
 for such part of his claim as tlie defence docs not apply to 
 or as is a(bnillcd to ))e due, subject to such terms, if any, as 
 to suspendin.u- execulion, or tlie ])ayinent of any ainouni 
 levied, or any part lliereof, into Court by the bialilf, tlie 
 taxation of costs, or otlierwise, as the ,lud,«i-e may think til; 
 and tlie defendant may be allowed to defend as to the residue 
 of the ])laintitVs claim. 
 
 (.V) If it a])pears to the Judaic thai any defemlanl has a 
 good defence, or on-ht to be i)erndtted to defend, and tlial 
 anv other defendant has not such defence, and .)ught not In 
 bepernnlted to iMvm], the former may be lu'riiiiifed lo de- 
 feud, and the i.laintilf shall be eulitled lo have final jud-- 
 uienl entered against the latter, and may issue execulion 
 npon the judgment without prejudice to his right to pn^ 
 Cecil with his action against the former. 
 
 ((')) Leave to defeud may be given nnonnditionally, or 
 puhjeet to such terms as to giving secui'ity or olh(>r\vise, as 
 the Judge may tliiidc fit. K. S. 0. 1SS7, c. 51, s. Hi (2-i'>). 
 
 117. 'Phe dudge at any tinu' bebnv judgment, aetnally 
 entered, although the time for giving the notice disputing 
 the idaintilT's claim has exi)ired, may, on suilicient groiind> 
 shown, and on such terms as he thinks just, grant leave to the 
 
TRIAL. 
 
 51 
 
 loss than 
 ai)i>lica- 
 
 illt to 1).' 
 
 davit hi' 
 le whole 
 )laiiitin"s 
 
 ■ the (Ic- 
 
 ■ i(» j)i'()- 
 ■ts thero- 
 
 [) l)y the 
 chiiiiu (»!■ 
 
 phunlilT 
 lorthwiili 
 
 apply lo 
 if any, a> 
 ' aiiiMtiii! 
 aliir, ll'M' 
 Ihink iif. 
 le I'l'siduf 
 
 ant has a 
 and thai 
 lit n^t 111 
 ed Id <h'- 
 nal jndi;- 
 oxL'CUlinii 
 t to i)n»- 
 
 onally, ov 
 orwist', a- 
 
 1 (2-(;). 
 
 t actually 
 
 dispntini; 
 
 t _i;ronnd> 
 
 'live to tlic 
 
 dofondant to dispute the plaintilfs claim, in which case the 
 rccpiisite notice disiniting the claim shall immediately be left 
 with the clerk, and also sent to the ))laintift", by prepaid letter 
 through the post or otherwise. 1^ S. 0. 188^, c. 51, s. 11"^. 
 
 U.S. A defendant wlio has filed a notice of defence inj^vith^, ^^ 
 any action may, by notice in writing to the clerk, at least six ^i^'f«"cf. 
 days before the sittings at which the same may be tried, with- 
 draw such defence, and consent that judgment be entered 
 against him for any amount, and the clerk shall immedi- 
 ately notify tlie plaintilf thereof by mail, and thereupon the 
 ]ilaiutin' shall be entitled to have judgment entered by the 
 clerk as by defaidt for such amount, and the costs neces- 
 sarily incurred. U. S. (). 1887, c. 51, s. 113. 
 
 l!e(niisit{ s 
 of iioticos. 
 
 ll!>. In any case in which the defendant, ])rimary 
 debtor or garnishee has given the clerk notice that he dis- 
 ])ntes the plaintilfs claim, or any other notice of which the 
 jilaintiH' should be infoi'med before the trial, or in any case 
 in which it has become the duty of the clerk to give notice 
 to any ]>arty to a cause of any defence, admission. Judge's 
 order or other matter, of which he should be notified before 
 the trial, sucli notice shall show the ])la(e and time of the 
 sittings of the Court at which the cause is to be heard. 52 
 V. c. 12, s. 25. 
 
 TRIAL. 
 
 120. Tn cases in which a trial is to be had, tlie (b'TiMi- :J;;,'^,';°^'n'^>' 
 dant shall, on the day iiamed in the summons, either in i)or- '''''i'*"'^'"' 
 
 ■ I oiiuso or 
 
 son or by some ])erson on liis behalf, a])pear in the Court to ",|;['i^,'(i*j 
 answer, and, on answer ])eing made, the Judge shall, without 
 further ])leading or fornuil joinder of issue, proceed, in a 
 summary way, to try the cause and give judgment; and in 
 case satisfactory proof is not given to the Judge entitling 
 either party to judgment, lie may nonsuit the plaintitT; and 
 the plaintilf may, before verdict in jury cases, and before 
 judgment lu'onounced in other cases, insist on being non- 
 suited. 1{. S. 0. 1887, c. 51, s. 114. 
 
 I 
 
DIVISION 'JOCRTS ACT. 
 
 orfioiin 121. Thc clci'k sliall plaoc all actions in which the sum 
 
 actions to qouo'ht to 1)C Tccovcrecl cxccccis $100 at thc foot of the trial 
 
 be triiHl. 't- ,t t , i -i • pji 
 
 list and the otiier actions on the list and Inismess ot tlie 
 Conrt shall he disposed of hefore entering npon the trial of 
 any of the first mentioned actions, nnless thc Judge shall, for 
 special rcasoii or reasons, otherwise order; the Judge shall, 
 in such cases, when no agreeiiieiit not to a])|)eal has heen 
 signed and filed, take down thc evidence in writing, and shall 
 leave the same witli the clerk of the Court; hut in the event 
 of an ap])lication for a new trial it shall he forwarded to tlie 
 Judge hy the clerk for the jmrposcs of such ai)plication. If. 
 8. 0. 18*87, c. 51, s. 115. 
 
 Tavties 
 inayiif;vee 
 not to 
 ai)i)eal 
 
 Pi'ocepil- 
 iiiRs ill case 
 defeudact 
 does not 
 appear. 
 
 .TudRe may 
 adjourn 
 liearing of 
 cause. 
 
 122. No appeal shall lie to the Court of Ai)])eal if lie- 
 fore the Court opens, or if without the intervention of the 
 Judge hefore the conimciicement of the trial, there shall ho 
 filed with the clerk, in any case, aji agreement in writing 
 not to a])peal, signeil hy hotli ])arties, or their solicitors or 
 agents; and the Judge shall note in his minutes whcihcr 
 such agreement was so fiU'd or not. and the minutes shall ho 
 conclusive evidence upon that ])oint. \\. S. O. 1887, c. 51, 
 s. lie. 
 
 I2;5. If on tlie day named in the summons the deft'ii- 
 dant does not ai)pear, or sulficiently excuse his ahsence. ir 
 il" he neglects to answer, the Judge, on proof of due service 
 of the suiiinions and copy of the iilaintiffs account, claim or 
 demand, may jjroi'ccd to the hearing or ti'ial of the cause on 
 the ])art of the ]»laintiir only, and the order, verdict or judg- 
 nient thereupon shall lie final and ahsolute, and as valid as 
 if both parties had attended; and, except in tort or tresjjass, 
 in case of the jicrsonal service of the summons and of detailed 
 ]mrticulars of the ])laintiirs claim, the Judge nuiy, in his 
 discretion, give judgment without further proof. R. S. <K 
 1887, c. 51, s. 117. 
 
 124. In case the Judge thinks it conducive to the ends 
 of justice, he may adjourn the hearing of any cause in order 
 to permit either party to summon witnesses or to produce 
 further proof, or to serve or give rny notice necessary to 
 
 
TENI)Ell OF PAYMENT OF MOXEV IN COURT. &8 
 
 enable llic parly to enter more fully into liis case or defence, 
 or for any other cause which the Jndoe thinks rcasonahle, 
 npon biich conditions as to the payment of costs and admis- 
 sion of evidence or other ecpitalde terms, as to him seems 
 iust. Jl. 8. 0. 1887, c. 51, s. 118. 
 
 ia5. Where an action is being tried by a jury, the Postponc- 
 Judge, if he thinks it expedient for the interest of justice, jury uiai. 
 may postpone or adjourn the trial for such time and upon 
 such terms, if any, as he shall think fit. Jl. S. 0. 1887, c. 
 51, s. 119. 
 
 r-J«. Any person may a])pear at the trial or hearing "f AiJ^rorsona 
 any cause, matter or proceeding as agent and advocate fortoact^as^ 
 any i>nrty to any sucli cause, matter or proceeding in the advocates. 
 Division Ccmrts, o\co])t where prohibited under the next sec- 
 tion. \l. S. 0. 1887, c. 51, s. 120. 
 
 V27 The Judge or acting Judge may, wherever in his ■J;.'^^'',,^ ^^ 
 opinion justice appears to reipiirc it, prevent any person fi'oin^^i;y^o^;;;i,,g 
 appearing at the trial or hearing of any cause, matter or ^«^'^^;f^'jtor 
 proceeding in the Court, as agent and advocate for any party ce'^tain 
 or ]iarties to any such cause, nuitter or proceeding. R. S. 0. 
 1887, c. 51, s. 121. 
 
 TEXniCR OF PAYMENT OF ^[ONEY IN COURT. 
 
 IHH. 11' the defendant in an action ol' debt or contract Plea of 
 
 teudor 
 
 brouuht against him in a Division Court, desires to plead awithimy- 
 
 '^ f^ ment of 
 
 tender befove action brought, of a sum of money in full satis- money iuto 
 
 . , . , . Court. 
 
 faction of the plaintiffs claim, lie may do so on hlmg his 
 plea with the clerk of the Court before which he is sum- 
 moned io apjiear, at least six days before the day appointed 
 for the trial of the cause, and at the same time paying into 
 Court the amount of the money mentioned in the plea; and 
 notice of the plea and payment shall be forthwith communi- 
 cated by the clerk of tlie Court to the plaintiff by post (on 
 receiving the necessary postage), or by sending the same to 
 his usual place of abode or business. R. S. 0. 1887, c. 51, 
 s. 122. 
 
 I 
 
ill] 
 
 I 
 
 54 
 
 Amount 
 tciidereil to 
 be i>aiil to 
 liliiintill, 
 etc. 
 
 Unleas to 
 costs wliure 
 lilaiiitill' 
 lii-oect'cli-- 
 for bahiuco 
 
 Defendant 
 may I'ay 
 moiiey into 
 Court, 
 
 Clerk to 
 Rivo notice 
 of iiaynient 
 toi)laintill'. 
 
 DIVISION COURTS ACT. 
 
 l!i«. Tlic paid nioiu'V f^luill tip paid to the plaintiff, loss 
 $1 to he ].aid over to the defendant for his trouhle, in case 
 llio plaintilf does not further proseeute his action; and all 
 proceedings in the action shall he .stayed unless the plaintitf, 
 within three davs after the receipt of notice of the paynu-nt, 
 signifies in writing to the clerk of the Conrt his intention to 
 proceed for his demand, notwithstanding such i)lea; and in 
 such case the action sliall ju-oceed accordingly. K. S. 0. 
 1887, c. 51, s. 123. 
 
 i:$0. If after such tender and payment into Court tlie 
 ])]aintilT ])roceeds with his action and the decision thereon is 
 for the defendant, tlie ])laintilV shall juiy the defend.iut his 
 costs, charges iind exiienscs, to he awarded hy the Court, and 
 the anu)uiit thereof may he paid over to him out of the moiu'V 
 so i)aid in with the said plea, or may he recovered from the 
 idr.intiir in the same manner as any other money ]iayahle 
 nnder a judgnuuit of the Court; hut, if the decision he in 
 favour of the plaintiff, the full amonnt of the money paid 
 into Court as aforesaid shall he applied to the satisfaction of 
 his claim, and a judgment nuty lie [JronouiU'cd against the 
 defendant for the halance due and the costs of suit according 
 to the usual practice of the Court in other cases. E. S. C). 
 1887, c. 51, s. 1-2 \. 
 
 liSI. The defendant may at any tinu', not less than six 
 days hcfore the day ap]>ointed for the trial, ])ay into Court 
 such sum as he thiid<s a full satisfaction for the plaintilT's 
 denumd, together with the jilaintilfs costs up to the time of 
 such i)ayment. ]{. S. O. 1887, c. 51, s. 125. 
 
 IJ5U. The clerk having received the necessary postage, 
 shall forthwith send notice of the ])ayment to the ])laintil>' 
 hy post or otherwise to his nsnal place of ahodc or of busi- 
 ness, and the sum so paid shall he i)aid to the ])laintiir, and 
 all proceedings in the action stayed, nnless within three days 
 after the receipt of the notice the plaintilf signifies in writing 
 to the clerk his intention to proceed for the remainder of the 
 demand claimed, in which case the action shall ])roceed as if 
 brought originally for such remainder only. ]{. S. (). 1887, 
 c. 51, s. 12(). 
 
 m 
 
SEl'-OFF AND STATUTORY DEFENCE. 
 
 55 
 
 1»» If the ])laintifi" recovers no further sum in the |''j;.'»Jif';^,J^ 
 actio.i than the sum paid into Court, the phiintift sliall pay-.-'-t-ostB 
 tlie defendant all costs, charges and expenses incurred by ;;---. 
 l,i,u in tlie action after such payment, and such costs, charges 
 nnd exi.t'Hscs shall he duly taxed, and nuiy he recovered by 
 the (iefen.h.nt bv the same lueans as any other sum ordered 
 to be paid by the Court. H. S. 0. 1887, c. 51, s. 137. 
 
 SET-OFl- AX I) STATUTORY DEFENCE. 
 
 i:U. Tn case the defendant desires to avail himself oEDefe,^ant 
 the law or sc-t-olf, or of the Statute of Liuiitations, or of anynou^ceof^ 
 defence under anv other statute having force of law in On- other^^^^_^ 
 Inrio, he shall, at" least six days before the trial or hearing, ciefence. 
 o-ivo notice tluM-cof in writing to the plaintilV, or leave the 
 pnn.e Un- him at his usual place ol" abode if within the divi- 
 si(ui, (.r. if living without tlu^ division, shall deliver the same 
 1.. the clerk of the Court in which the action is to be tried; 
 and in case of a set-olT the particulars thereof sliall be de- 
 livered to the clerk and shall accompany the notice to be 
 given as aforesaid to the plaintilV. IJ. S. 0. 1887, c. 51, s. 128. 
 
 1»5. Xo evidence of set-off shall he given by the de-Eyiaenc^e 
 fendant excci)t such as is contained in the particulars of''*''""° ' 
 set-oif delivered. K. S. 0. 1887, c. 51, s. 129. 
 
 i:$«. if the set-olT, proved to the satisfaction of the p^.^visions 
 Judge, exceeds the amount shown to he due to the plaintiff, |,//eeas 
 the ]»laintilT shall be nonsuited or the defendant may elect f,™^^^*' 
 to have Judgment tor the excess, i)rovided the excess be an i''*^"^*'"' 
 amount within llie jurisdiction of the Court, and if the ex- 
 cess be greater in amount than the jurisdiction of the Court 
 the dudge may adjudicate that an auKumt of the set-olf equal 
 to the amount shown to be due to the plaintiff be satisfied by 
 the claim, but the adjudication shall be no bar to the recovery 
 by the defendant in a subsequent action for the residue of the 
 set-off. I?. S. (). 1887, c. 51, s. 130. 
 
m 
 
 DIVISION CorilTS ACT, 
 
 Parties 
 inayolitaiii 
 subiin'iiiis 
 from tk'i'U. 
 
 Service of 
 subpdiia. 
 by wlidiii 
 luade. 
 
 Penalty for 
 disobeying,' 
 siilii>ii'iuior 
 refuriiiiy to 
 be sworn. 
 
 WITNESSES AND EVIDENCE— SUBPCEN AS. 
 
 i;$7. Any of tlio parties to nii iK'ti(»n iiiny obtiiin, fi'oni 
 the dork of aiiy Division Court in iiic county, u sul)i)u'nii 
 Avitli or ^\■itllout a clause for the ])r()(lucti()n of hooks, papers 
 and writings, requiring any witness, resident within the Pro- 
 vince or served witli the snhptvna tlierein, to attend at a 
 specified Court or |»lace hcfore tiie Judge, or any arhilrator 
 appointed hy iiini under llie provision liereinal'ter coiitaiiUMl, 
 and the clerk, when requested hy any party to an action, or 
 his agent, shall give copies of such sul)piena. If. S. (). 1887, 
 c. 51, s. 131. 
 
 i;$.S. Any nuuihci' of names may he inserti'il in a suh- 
 p(cna. and service lln-reof may he made hy any literate |:cr- 
 >on, aiKJ proof of the due service thereof, togetlier with the 
 tender of payment of expenses, may he inade hy allidavit, 
 and proof of service may he received hy the dudge, either 
 orally or hy aflidavit. H. S. 0. 188r, c. 51, s. l-'i'i. 
 
 lJ$t>. lOvery person served with a copy of a suhpcjcna 
 either personally or at his usual jdace of ahode, and to whom 
 at the same time a tcjider of payment of his lawful expenses 
 is made, who refuses or neglects without suflieient cause to 
 ohey the suhpa'na, and also every person in Court called 
 ii])on to give evidence, who refuses to l)e sworn (or alllrm 
 wiiere ailirmation is hy law allowed) or to give evidence, 
 shall jiay such line not exceeding $8 as the Judge may im- 
 pose, and shall, hy verhal or written order of the Judge, he, 
 in addition, liahle to imprisonment for any time not exceed- 
 ing ten days; and tlie line shall he levied and collected with 
 costs, in the same manner as tines inii)osed on Jurymen for 
 non-attendance, and the wliole or any })art of the fine, in tiie 
 disci'ction of the Judge, after deducting the costs, shall l)e 
 aj)])licahle toward indemnifying the ])arty injured hy such 
 refusal or neglect, and the remainder thereof shall form part 
 of the Consolidated Eevenne Fund. K. H. O. 188?, c. 51, 
 s. 133. 
 
COMMISSIONS TO TAKE KVIDKNCE. 
 
 m 
 
 in, from 
 subpu'tiii 
 s, papoi's 
 the Pro- 
 ciul i)t a 
 ,r])ilrat()r 
 )ntaiiUMl, 
 t'tioii, or 
 (). 1887, 
 
 in a suli- 
 ■I'alc I r- 
 witli Ww 
 atlidavil. 
 ;'o, either 
 
 snbpoena 
 
 to wlioiii 
 expenses 
 cause to 
 irt ealleil 
 or allirni 
 evidence, 
 may iiii- 
 udge, ))e, 
 it exceed - 
 cted witli 
 ynien i'or 
 lie, in tlie 
 , sliall ])e 
 ^ by sucii 
 form jiart 
 ST, c. 51, 
 
 ,,.-v..(l witb such sid)ptcna, ^vno i^toi.opaia 
 ,.|0. Any person - ^ \^;^^,^,,, ,, ,,,,,, the Divi-^Sr 
 rosi^->^''^^^"^r'?l. tlodtoYe paid witness rees 
 ,iou Court .s s.tuate, sl> 11 > ^,^^^,, ^,,i,v. K. S. O. 
 
 and ndleajie aecord.n- l.> the ( ..uni> 
 1887, c. 51, s. 134. 
 
 r„;,rt UniiV v,„c. »( lU. .n,l ot .In. voUuno.J 
 
 COMMISSIONS TO TAKE EVmENCK. 
 
 (1,0 tcrtimony of a person ''^^''^'■'f',^; '"'^'''j \,,e connly 
 ,.,.ovince, tl,c ,lmlgo ol the '■''^ ^^l^m^^i^oJi 
 
 ■,i;r :Lo or a eonu„issio„ ont ol' -^ -f ;''--, f. 
 ,„„ Division Co,„.t to »/^'->--- %;^^.Tv. . 
 tion of such pcM-son. K. S. 0. 18b., c. oi, 
 
 12, s. 13. 
 
 I'owov to 
 
 isKlK? COlll- 
 
 iniMsiona 
 to take 
 evidence. 
 
 142 
 
 ,4.- No order shall be made for the issue oi suchwhe^-.. 
 i7nn "for the takincr of the evidence of the person ap- to taUo^^ ^^ 
 :r;;; r;:^ e ^^ ^y l^rson m his employment, nnless in ..ue..^ 
 S^inir of We .nd^ a savin, of expense ..U be c.nsj^ — 
 thereby, or nnless it is clearly nuade to appear that the per- 
 Ion is aged, intlrm, or unable from sickness to appear as a 
 N\ itness. Vx. S. O. 1887, c. 51, s. 13G. 
 
 ,4». Tn case it be nuule to ap,...r to the Jtulge ^^T^ 
 a nuderial and necessary witness ^^f '"S ^vithm t^u. Ro- ^e^.. 
 vince is sick, aged, or iniirn, or tha he is about to 1 a-^ th ^,,^^^^ 
 Province, and that his attendance at Court as a ^Mtnc^s can- „„^,i,ea. 
 ,,ot by reason thereof be procured, the Judge may make an 
 order appointing a suitable person to take the evidence of 
 the said person. A copy of the order, ^^ith two days notice 
 of the time and place of the examinati.m, shall he served 
 upon the opposite party, his solicitor or agent, who may ap- 
 pear, and cross-examine the witness. The evidence shall be 
 
01 DIVISION CorHTS ACT. 
 
 taken on oatli, and shall lie reduced to \\■l•itin^^ and siftned 
 hy tlio witnossos, and shall he Ii'ansiuitted to the elerk of tiie 
 Court, and shall he hy hiui kept on tile, and nu>y hi' \isfd 
 npon till' trial saviu^- all just exi-eptions. 'I'he i-osts of the 
 ordi'r >hall he in tlir disrrction of thr .Iu(l.i;i'. and the I'l'ason- 
 ahlc charge of the examiner (to hi' fixed hy the .Tud^o) shall, 
 in the tirst instaiu'e, l)e paid l»y the party ohtaininj:' the ordri', 
 as in the ease <»f witness fees, and shall thereafter l)e paid a.s 
 the Jud<ie nuiy order. Iv. S. (). IStST, e. 'i\, s. l',u. 
 
 Examiiia- III. — (1) An order uiav also lie ohiaiiu'd for the e\- 
 
 witness auiinatioi) (d' a witness who resides in a remote part ol tiie 
 
 rcsidiiiM at (.•■•. 
 
 adistaiKi> Proviuee, and at a ■treat distanee troiu the luaee ol trial, it 
 
 from placi i i • 
 
 of trial. jt he elearly made to appear that his attendaiue cannot lie 
 procured, or that the expense of his nlleiidance would he 
 out of proportion to the amount involved in the aeti(ni, or 
 would 1)1' so L;reat that the party desiring'' his attendance 
 should not, under the circumstances, he reipiircd to incur 
 tlic same; and the jiroceedinjis ihereon, and the order as to 
 costs, shall l)e tiie same as in the case of an order in the next 
 preceding' section mentioned. 
 
 {2} Any person appointed to take an evani'nation. un- 
 der this and the next |irecedin,u' section, shall have authority 
 to administer an oath to the person to he examined. K. S. (). 
 IH.sr, c. ,-)!, s. l;J!). 
 
 rl»>. The provisions of the rules id' the Su[)reiiie 
 
 UnlesniaiU' 
 apiilicable 
 
 inissions. ^"<^^ii't 'd' Judicature, so far as the same are applieahle, shal 
 apply to every commission issued under the authority of tlii:- 
 Act. J{. S. 0. issr, c. ol, s. 1 ;')!!. 
 
 14G. The commission, with the evidence taken there- 
 he papers therewith, shall forthwith he refurneil 
 
 Rotuni of 
 
 coiiiiiiis- , , , 
 
 sioii totftke under and tl 
 
 evideuce. , , . .... 
 
 to tile elerk ot the Division Court in which the action to 
 
 which the same relates is peiidiiii:'. .')•;! \'. c. I'i, s. 1 I. 
 
 n^/!ff.,?f 147. The costs of the issue, ti'ansniission, execution 
 
 siou. and return of any such commission shall he in the discretion 
 
 of the dud<:e of the Coui't in which the action is ])endin,i:-, 
 
 ■who may allow a sum in gross therefor, and the costs may 
 
AS i:Vll)KN<K. 
 
 5U 
 
 <1 signed 
 
 rk of till' 
 
 1)1' \\>i'<\ 
 
 ts of till' 
 I' I't'HSnll- 
 
 iv) slinll. 
 lie orilci', 
 (' ptiiil lus 
 
 tlic ex- 
 it of the 
 
 ■ trial, if 
 iiiinof 111' 
 \(iii](l i)(> 
 ctioii, di' 
 tciKJaiict' 
 ti> incur 
 lev as to 
 tlic ncM 
 
 loll. Ull- 
 
 iitliority 
 K. S. (). 
 
 Sii[)foine 
 .1.', shall 
 V of this 
 
 ■n tluT''- 
 rcfuriKMl 
 ution to 
 
 xocution 
 iscrction 
 peiidiii,^', 
 )sts mav 
 
 or 
 
 ,„„KS ..F ACCOUNT, AFFIDAVITS, 1"1V., 
 
 * . t,. 1,.. ii'iid to tlu' unrty oniilUMl 
 
 ''-■'■'•■'''v'''>'f'';:::::,. ,u-iv „'iti,;,uia.a.io 
 
 ;:.;;^;;:;;;r;:i::ti:':r;L -.^..... ^ '^. — 
 
 1887, c. 51, s. Ml;r,-iV. 0. Ti,s. I.'- 
 
 , 1 • . ,,.,,ln.- H,-->") till" . U( Lil'. ""^ '""^^ >.UlsntO 'ni„„r8( 
 
 tort, and lu'inj-- im'K'i *h.->, nu r , ..,;„tiirs l)ooksdof,.(ii.nt 
 
 1^ cvidoiico, or in case ol n dclnuc ol set i I . 
 
 o tiV as tu' same extends to $^^.n,ay.vc.e.ve the cMeu- 
 
 ,videiu.e the atVidavit or allirmation ol any parlj oi Mtn s 
 ;;;;,,, .^tlon resident without the limits of the county, Im , 
 LHore pronoitnoinji judonient, the Jnd,c may roqn.re sueh 
 ^vitness or anv party in a eause to answer upon oath or athr- 
 ,„,tion any interrogatories hat i n- he^ Hied m the aetuni. 
 K. S. (). 1H.S7, e. ."il, s. 11-.^; <«() \ . .. -', s. 3. 
 
 M1K All allidavits to he used in Division Courts orAm,tavit. 
 iH'fore anv of the Jnd^es thereof, may he sworn hetore a s™ ^ 
 County .ludoe or hefore the clerk or deputy clerk of a Divi- J«a.e. 
 sion Court, or hefore a .lud^a>, n.Uary puhlie or eon.miss.oner 
 fo, taking atridavits in the Hi-h Court. K. S. 0. 1887, c. 
 ni, s. 113. 
 
 jriXn-Zs DECISION. 
 
 I50. The Judi-e, in anv case heard hefore him shall, Wmny 
 in Court, oi.enlv, ami as s..on as may he after the hearing, i;;;!^'-;^ 
 pronounce his decision: hut if he is not then prepared to on-ti,o^^^^ 
 pronounce a decision he may ])ostpone it until it is conve- 
 nient for him to give the same, when he shall forthwith send 
 the same to the clerk of the Court, who shall, upon the re- 
 , ceipt thereof liy him, forthwith enter the judgment and by 
 registered letter notify the parties to the suit of the same; 
 aiul such judgment shall he as elfectual as if rendered in 
 Court at tiie trial. H. S. (). 188T, c. 51, s. 1-14; 57 V. c. 23, 
 s. 4. 
 
 I 
 
(io 
 
 DIVISION' (oniTS Acr. 
 
 .iiiiik'e limy |.ll. Tile .lii(l;4t' iiiiiy onlcr the tiiiio or liinos and I'lo 
 
 <'''■'■'■' .1-1 ' 1 . I I ■ 1 
 
 tiiiicMiiiiil |)r(t|i()rti(>lis 111 wliicli iiny j^iiiii iiinl costs recovered hy JIhIl:- 
 
 tioiiHiii iiieiit of llie Coiii'l sliiill he paid, referciiee lieiiiy liad to llic 
 wliiclijudu- ' 1 1 1 I ii ■ 
 
 iHi'iitsiiuii ,|j,y f,„ wliich the siiiiiiiions was served, nut iiidess otli(>r\vi>o 
 '"•' I'lii'i' • 111- I • 1 
 
 (ir('ered, no execution slunl issue on any such jud;:inent witli- 
 
 in lil'teeii days after the eii(eriii<i- of siicli jud;,nuent, and ;it 
 
 the request ol' the parly eiitith'd tliereto, the .)u(l«;e may onlip 
 
 tho same to he paid iiilo Court. K'. S. O. ISS*, e. ."il, s. 1 1 i. 
 
 part. 
 
 New tWnl, 
 
 .liKl^'iucnt 
 on iiiiiilica 
 tion for 
 new trill). 
 
 Exrcntioii 
 not to 1)6 
 jiostponed 
 for more 
 than 50 
 days. 
 
 |»1tJ, — (1) Tlie .Tu(l;L;e, upon th(^ applicalion of eithu' 
 party witliin fourteen days after the trial, or after the iiiai!- 
 infj of the notice of the dei'ision to the parly ai)|dyinj;- wheii' 
 the decision is not friven al the trial, and njion <,food oroniKS 
 ])v\\]'^ shown, may i^-ranl a new trial u|ion such terms as Iw 
 thinks reasonahlt , ami in the meantime may slay proceetl- 
 ings. ]{. S. C). 1881, c. -")!, s. \\r>, part; :.•.' \'. i-. l'.', s. Kl. 
 
 (9) T'pon an a]»iilication for a new trial the -liidfjce, in- 
 stead of frrantinfj a new trial, may ))rononnce the jiidjiineiii 
 which in his opinion ou<:ht to have heeii pronounced at thi' 
 trial, and may order judgment to ho entered accordingly. 
 K. S. 0. ISSr/c. 51, s.'llG. 
 
 laii. Ivxcept in cases where a new trial is f^ranted, the 
 issue of execution shall not lie ])ostj)oned for more than lifl\ 
 days from service of the summons without the consent of 
 the ])arty entitled to the same, bnt in case it at any time ap- 
 pears to the satisfaction of tli(> Jud^'e, l)y alTidavit, airirmn- 
 tion or otherwise, that a defendant is imahle, from sickm'.-> 
 or other sullicient i-ause. to pay and discharfie the debt, (w 
 damages recovered against him, or any instalment theri'of. 
 ordered to be jtaid as aforesaid, the Judge may suspend or 
 stay any judgment, order oi- execntion given, made or issui^l 
 in tlie action, for such time and on such terms as be think- 
 1U, and so from time to time \intil it appears by tho like 
 ].roof that the temporary cause of disability has ceased. \l. 
 8. 0. 1887, c. ot, s. 147. 
 
 Jl 
 
AI'1'KAT-S. 
 
 01 
 
 iios nnd iio 
 m1 l>y jllil;. 
 Iiad to I'll' 
 Ks otlioru I I! 
 riiiciil wiih- 
 
 Cllt, illlll :it 
 
 ;o may oril'i' 
 . .-)1, s. I I ,. 
 
 Ill (if citlii r 
 'I* llii' iiiiii!- 
 lyiii;; wlu'iv 
 )0(1 groiiiujs 
 Icniis as Im' 
 ay lu'oci'i'il- 
 12, s. IC. 
 
 ' JikIlt*', ill- 
 e jiiduiiit'iii 
 uc.vd at till' 
 accordingly. 
 
 frantcd, the 
 ■e than (ift\ 
 
 consent ni 
 ny time ap- 
 vit. alllnna- 
 om sickness 
 ho del)t, (»!• 
 •nt thereof. 
 
 snspend oi' 
 le or issuer! 
 IS lie think- 
 by llio like 
 ceased, li. 
 
 Al'I'lCALS. 
 
 I5I.-(1) In case a P'H'ty to a cause or nny of ^ 
 parties to .armshec pn.ccodin^^s under th.s Act, .h .c:n the 
 I nnin dispute upon the appeal c.xcecds $100 e.vclus.ve of 
 
 co.-,t. is .lissatisfled with the .hrision ..f the .)udge, upon an 
 ,;plU .alion IW a new tnal, Ik. nmy appeal to a n.v.swm.! 
 
 ('.urt of the lli-h Court of Justice, and .n sneli cas.. the 
 ,„,on.ediu^^s in ami ahont the ap,.eal shall he the same as on 
 !,,, aiM-al tVom a ('..nnty (■on.i, except where otherw.se p>-o- 
 xided hv this Act, and the teru.s " p'^'ty to a cause and 
 . ,„;,„t" in this section and i ■ reafter used shall have 
 11„, .neanin- attached thereto in and hy section 50 ol iho 
 C.untv Courts Act, and shall also include any party to gar- 
 „ishee' proceedings and any j-arly added hy order ol the 
 Judge. K.S.O. ISSr, c. 51, s. lis (1); 51 V. c. 10, s. 3; 58uc^_stat. 
 \'. c. i:?,s. 47 (1), part. 
 
 (•?) An appeal shall lie to the Divisional Court (d' tiie A,,,.e^^^^^^^^ 
 11 in), Court of Justice from the decision of a Division Court ,.i.aa.r_ 
 Ju'd-c upon an application for a new trial in all actions in i„«s. 
 uhich the parties consent to an ai.peal, and in interpleader, 
 where the money claimed, or the value <d' the goods or chat- 
 tels claim. '.1 or' of the i)roceeds thereof, e.vcecds $100, or 
 where the damages claimed hy or awarded to either party 
 a-i-ainst the othc'r or against the haililV, exceed tlu- suui of 
 $(iO. 1{. S.O. 1.S8T, c. 51, s. 1-18(2); 58 V. e. 13, s. -1 ■. ,1), 
 part. 
 
 155. Where in any Division Court suit or Pi'o«^^<l'"? ;^\yi;''^'||f^ 
 a decision is given, which in effect or in terms renders in- asse>.sn.eut 
 valid any general assessment made hy a mutual insurance mut...^'^ a- 
 company, such decision shall he appealahle, notwithstanding cumi-any. 
 the sum in dispute upon the appeal is less than $100, and 
 all the provisions contained in sections 151 to 159, hotli in- 
 clusive, of this Act shall apply to such appeal. GO V. c. 36, 
 s. 138 (3). 
 
 i;>«. Upon an application for a new trial in any cause ^eentM 
 wherein either party may appeal, each party shall leave with 
 

 62 
 
 EviiU>iioe 
 etc. J to lie 
 certitied. 
 
 Procedure 
 11)1011 a))- 
 IK'iil from 
 Division 
 Court. 
 
 DIVISION COURTS ACT. 
 
 tlic.liidjic l)y Avlioiii the applic'iilion is lionnl, a niomornndiini 
 ill wrilin,tr of ilio iianic of sonu' lu-rsoii rosidont witliin tin- 
 coimtv \()\\i\ of tlic coniiiy or Tiiiito«l coimlics in which tlic 
 cansoAvas triod, witli his ]>laco of ahodo, upon wlioin tho no- 
 lice of aiipeal, and all other jiapcrs ihcrcartor n'(iiiirin,i:- ser- 
 vice, niav lie served for hini. and service upon such ])erson. 
 or. in his ahsence. ai his jdace of ahode. shall ho sullicient 
 service Ihereof: and. in the event of failure to leave such 
 nieiiioranduni hy v''l'" party, all pajxTs re(piirin,ii- service 
 n])on liiin may he senco upon the clerk of tlu> l)ivisi(ni 
 Coiirl wliere the ti'ial was had, or left at hi; olllce. for the 
 pei'son so l'ailin,L;' to leave su(-h nieinoranduni. and such ser- 
 vice shall lie p-odd xTvice: the clerk shall, in such case, forth- 
 with mail, hy registered letter, all such |)ai)ers so serve(l 
 n])on him to the jierson entitled to the same. li. S. (). ISs;. 
 
 c. ni. s. ]r,o. 
 
 I»>7. 'i'he clerk of the ('ourt in v.hich the actimi or 
 proceeding is pending, shall, at the ro(piest of the appellant, 
 his counsel, solicitor, or apeiit, furnish a duly certilled copy 
 of the summons wi' ill notices indoi'sed thereon, the claim, 
 and anv notict' or notices of defence, and of tlH> evidence 
 and all ohjections and exceptions thereto, and of all motions 
 or orders made, granted, or refusf'd therein, topefher with 
 such notes of tile dudpe's charge as liave heeii made, the 
 judpnient or decision when in writing, or the notes thereof, 
 and all alTldavits tiled or used in the cause, together with all 
 other iiajiers filed in the cause alTectinp the (piestioiis raised 
 by tho a]»peal: the clerk shall also furnish to th(> r"spoiident, 
 ■when TeipiiciMl so to do. a duplicate copy of the ])ro(H'edinp's 
 so furnished to the appellant, or such portion thereof as may 
 he reipiired hy him. and for every copy h(> shall he eiititleil 
 to receive the sum of five cents per folio of one hiindi'ed 
 words. E. S. O. 188;. c. 5], s. l.-)!: 08 V. c. i;i, s. IT {:\). 
 
 IHH. '■jdie appellant shall, within two we(d\> after th(> 
 date of the decisinn complaine'l of, or within such other time 
 as th(> Judfre may hy order in that Ixdialf provi(h>, file tho 
 said cortifuMl copy with Ihe proper otlicer of tlio llipli Court, 
 and shall thereupon forthwith set down tho cause for argu- 
 
 
.iriUES. 
 
 m 
 
 nornndiiiii 
 villnii till' 
 wliicli tllr 
 in tlio no 
 lirin.tr sci - 
 I'll ])ors()ii. 
 
 siiniciciii 
 cave sucli 
 iil;' soi'vici' 
 ' l)ivisi(iii 
 ■i". fol' the 
 
 siicli scr- 
 as(\ fdi'tli- 
 
 sd sorv('(l 
 
 ac-tioii or 
 
 a|t|»('llaiit. 
 
 ifuMl copy 
 
 llic claiiii. 
 
 cxidciuc 
 
 11 lilotioils 
 ■flier witli 
 made. Ilu' 
 's tlicn'of, 
 •1' with all 
 oils raised 
 'spoiuleiit, 
 ■oct'odinps 
 of as may 
 
 e I'llt itleil 
 
 ' liiindi'ed 
 
 \: {:\). 
 
 after ilie 
 •tiler time 
 >, file the 
 -ill ( 'oiirt. 
 
 for aruu- 
 
 wont at the first sittin-s of a Divisional Court which cmu- 
 mencos after the expiration of one month from the decision 
 comph.ined <.f. and shall o'vo notice thereof and ofthe ap- 
 peal and of the orounds thereof, to the respondent, his solici- 
 tor or ao-ent. at least seven days hefore the commencement 
 of siich sitiinus: and the Divisional Conrt shall have power 
 to dismiss the appeal or to oivo a y jud-mont and make any 
 ord.M- which ought to have been made, and shall -ive such 
 order or direction to the Court helou" touchin- the decision 
 or iiuknient to he oiven in the matter as the law ro.pnres, 
 and <liall also award costs in its discretion, which costs shall 
 be certiiied to and f.n-m part of the judj-Mnent of the Court 
 heh.w. and upon receipt of such order, direction and certi- 
 ficate, the Court below shall proceed in accordance therewith. 
 5S V^ c. Ki, s. -17 (I). 
 
 a51>. The costs taxable, as between party ami ]nH-ty,T,y<abie 
 upon or connected with any appeal shall he the actual dis- .u.peai. 
 hnrsements and no .mvatcr amount over and above actual 
 disbursements than $1.-). inclusive of counsel tee; the costs 
 of such appeal, as between solicitor and client, shall be tax- 
 able on the County Court scale. K. S. 0. ISH":, c. 51, s. l-')3; 
 oS Y. c. r,], s. 47 (:>). 
 
 JURIES. 
 
 1«0. Either party may re(iuire a jury in tort or re- whm^.^a^ 
 ].levin where the sum or the value of the goods sought to be berequUed 
 recovered exceeds $20, and in all other cases where the 
 amount sought to he recovered exceeds $30. II. S. 0. 1887, 
 c. 51, s. 154. 
 
 nil _(^1) l>:ither i)arty to an interpleadi'r issue in a Ri«iit to 
 Division Court may reiiuire a jury to he summoned to try te.uieader 
 the issue, and in such cases he shall, within five days after the 
 dav of service of the summons on him. give to the clerk or 
 leave at his otlice notice in writing, reipiiring a jury, and 
 shall at the same time deposit with the clerk towards the 
 costs in the cause, the proper fees for the expenses attending 
 the suuimoning of the jury, and thereupon a jury shall he 
 
;■' ■ 
 
 f 
 
 1 
 1 
 
 I 
 1 
 
 
 1 
 
 ' 
 
 
 
 
 
 i ' 
 
 
 
 
 
 64 
 
 Parties to 
 gWe iidtico 
 tocloik if 
 tlioy re- 
 quire a jury 
 
 DIVISION COURTS ACT. 
 
 pnmmoiiod accovdino- to tlio iH'ovisions of lliis Act. IJ. S. d. 
 1887, c.M, P. 155(1); 57 Y. C.23, S.5. 
 
 (2) Sections 121, 122 and 21 1, shall extend and apply 
 to all interpleader issues and other actions mentioned in suh- 
 section 2 of section 151. E. S. O. 1887. e. 51, s. 155 (2). 
 
 1«2. In case the jdaintilV re(iuires a jury to he sum- 
 moned to try the action, he shall frive notice thereof in \vrit- 
 ino- to the clerk cne week hefore the sittino- of the Court ai 
 which the case is t- he tried, and shall at the sanu' time d- 
 l.nsit with the clerk i.-uards tlie costs in the cause the ])roper 
 foes for the exi)cnses attending the summonincr of the jury: 
 and in case the defendant recpiires a jui-y, he shall, within 
 live days after the day of service of the summons on him. 
 nive to the clerk or leave at his olhce the like notice in wrii- 
 ii)o-, and shall at the same time dejiosit with tlie clerk the 
 pro])er fees as aforesaid: and thereupon, in either of such 
 cases, a jury shall he summoned accordin^^ to (he ])r(»vision- 
 hereinafter contained. Trovideih liowever. that in any case 
 transferred from one Division Coui't to another under section 
 !)1 of this Act, either idaintitV ,,1 defendant may reipiire a 
 lurv to he summoned hy .uiviuf;: to the clerk of the Court to 
 which such case has heen transferred, or leavin.ii at his oflice 
 three clear days hefore the sittin.-is of the Court at which 
 the case is to he tried, a notii'c I'tMinirin.ir a jury to he sum- 
 moned, and hy depositin.u' with tli(> clerk toward the costs in 
 the cause, the i)roper fees for the expenses of summoning; the 
 jury. 1?. S. 0. 1S87, c. 51, s. 15(;: .-)7 V. c. 2:i, s. H; (10 V. c. 
 1-1, s. 8. 
 
 wiioniny lOit. I'uless exempted hy 'I'he .lurors' Act eyery ]n'V- 
 
 be jurors. "i i , i i- i i t ' ^ \- i 
 
 Kcv, Stat, son whose name ai)i)ears on the hist puhhslied yoters list 
 
 c. Cl» 
 
 of any municipality, i)artly or wholly situate within [he lim- 
 its of y Division Court, and who resides within the divi- 
 sion, ai, whose name is marked "J," as proyided in section 
 2'^ of the said Act, shall he liahlc to serye as a juror for the 
 Division Coui't in such division. 52 V. c. 12, s. 17. 
 
 Proviso. 
 
JURIES. 
 
 65 
 
 .ct. IJ. S. (t. 
 
 1(1 and a])]!!;- 
 oikhI in suli- 
 . 155(2). 
 
 ,• t(i he suni- 
 M'c'of in writ - 
 the Cdurt al 
 mie lime <}<■- 
 «G the proper 
 
 of tlio jurv: 
 pliall. Avitliiti 
 ions on liiiii. 
 itieo ill wrii- 
 lic clerk ilii' 
 tlu'r ol' sueh 
 le ])i'(»visi()i)- 
 
 in any easr 
 in(l(>r section 
 lay i-equire a 
 the Conrt to 
 
 at his oHlcc 
 iiri at wlilch 
 V to lu> siini- 
 
 tlie costs in 
 ninoninf!; the 
 ;. H; no V. c. 
 
 •t every ])er- 
 1 voters' list 
 liin the lini- 
 lin the divi- 
 imI in section 
 juror for the 
 17. 
 
 m- 
 
 1«4. The jurors to he suuiiuoned to serve at any Divi- i^;;;;°''« 
 sion Conrt shall' he residents of the said division, and shall ^'^'f^',';^ 
 be talcen from the last i^ddished voters' lists of the nuinici-'""""^ 
 palities, partly or wholly v ithin the division, and shall he 
 sununoned in rotation, he.uinniuo- with the first of such per- 
 sons in snch voters' lists who resides within the said division, 
 an.l wlu^se name is nuirked ''J," as provided in the preceding 
 flection, and if there he more than one municipality partly or 
 whollv'in the division, heo-inning with the voters' list for 
 the mnnicii)ality within which the Court is held, and then 
 ])roeee(ling to that one of the other voters' lists which con- 
 tains +he preatest nnmher of such persons' names, and so on 
 nntil all the lists have heen pone throuph, after ^vllich they 
 may lie pone throuph apain in the sane order. 
 
 (2) If at any time it shall appear to the Connty Jndpe 
 tliat the cost of snmmoninp a jury is excessive, by reason f)f 
 the residences of the jjcrsons liable to be selected in the ordi- 
 nary course beinp in a distant portion of the division, the 
 County Judpe may order the clerk of the Division Conrt to 
 couinience at the first name mai'ked ".1." as bebu'e provided, 
 npon the voters' list of any mnnicipality partly or wholly . 
 M-ithin the division. 52 Y. c. 12, s. IS. 
 
 1<»5. 
 
 De ( 
 
 •lei'k of every munieipalilv shall furnish clerk of 
 
 • I • T • • ji . , nun icii)al- 
 
 oach Division ( oui'i ch'rk wilhiii wli(;se division ilie said ity to 
 
 ... ^ ^^ ■ , , ^,^ fllinish 
 
 municipalitv is i)artlv or whollv situate, wnb a correct cojiy Division 
 
 „ , ■ , , . , ■ , . , ■ . . T , . T J 1 I'i Court clerk 
 
 nl the voters list ot the said mnnici])ality immediately alter with coi>_y 
 tlie ]»ublication of the same in each year; and after a new list, 
 voters' list is furnished to him the Division Court clerk shall 
 take names of jurors therefrom, bepinninp as nearly as may 
 be at the ])ai't of the list corres])ondinp to the ])lace where ho 
 left off in the previous list. 52 Y. c. 12, s. 13. 
 
 1<»0. j-'oi- the trial of actions ri'cpiired to be tried by or summon- 
 before a jury at any session of a Division Conrt, the clerk ^f '"° ^"'■"^'^• 
 the Court shall canse not less than twelve of tlie jiersons 
 liable to serve as jnrors to be summoned to attend at snch 
 session at the time and ])lace to be mentioned in the sum- 
 mons, and the summons shall be served at least three days 
 
 D.C.A. — 5 
 
1 !^: 
 
 
 Parties 
 entitled to 
 challenge. 
 
 Penalty on 
 
 jurors 
 
 disobeying 
 
 BUiumons. 
 
 DIVISION COURTS ACT. 
 1 f . +1,n roiivt cither ].orsoiially, or by leaving the same 
 
 ^ clerk .hall iiue a sunnnon. and also twelve copu^s hero- 
 r. service on sai.1 nirors, .hich sunnnons shall .c .^ 
 turned to the elerk ^vith the service thereot duly venhecl hy 
 the oath of the hailitf serving the same. E. S. 0. 1887, c. 
 51, s. IGO; 52 V. c. 13, s. 30. 
 
 l«r Fither of the ].arties to a cause shall he entitled 
 to his lawful challenge against any of the jurors, in like man- 
 ner as in other Courts. K. S. O. 1887, c. 51, s. IGl. 
 
 liiH \ny jurvman wlio, after being duly summoned 
 for that rnrixise; wilfully neghK:ts or refuses to attend the 
 Court in obedience to the suunnons, shall be liable to a iino 
 in the discretion of the Judge, not exceeding $4, which line 
 shall be levied and collected with costs, by the same i-rocess 
 as any debt or judgment recovered in the said Court, and 
 shall form part of the Consolidated IJevenue Fund. U. S. O. 
 1887, c. 51, s. I(i2. 
 
 Proceed' 
 
 intis 
 against 
 clerk of 
 nuiniei- 
 pality for 
 refusing to 
 furnish 
 covy of 
 voters' 
 list. 
 
 1««. If any clerk of a municipality, for six days after 
 demand in writiiig, neglects or refuses to furnish the clerk 
 of a Division Court, within the limits of which the munici- 
 pality for which he is clerk is i)artly or wholly situate, with 
 a correct cojiy of the v(.ters" list as iirovich-d in secii.)n l(i:. 
 of this Act, the clerk of the Division Court may issue a sum- 
 mons to be personally served on the said clerk of the mnnici- 
 ])alitv, three days at least before the sitting of the Court, re- 
 quiring him to appear at the then next sitting of the Court, 
 to show cause wliy he refused or neglected to comply with 
 the provisions of tiie said section. 52 V. c. 12, s. 21. 
 
 Judge may 170. Fpoii proof of the service of the summons, the 
 
 Xunl'ci- Judge may, in a summary manner, inquire int.. the neglect 
 llreachof or rcfusal, or may give further time, and may imix.sc such 
 '^"'^'' line upon the clerk of the muiiici])ality, not exceedin'^ $20, 
 
 as he deems just, and may also make such order for the pay- 
 ment by the clerk of the municipality of the costs of the 
 l)rocecd"ings as to the said Judge seems meet; and all orders 
 
JURIES. 
 
 67 
 
 the saiiu* 
 juror, and 
 pies there - 
 all he ro- 
 ver i tied hy 
 ). 1887, c. 
 
 jc entitled 
 I like niau- 
 1. 
 
 summoned 
 attend tlie 
 le to a tine 
 wiruh line 
 nie proeess 
 Court, and 
 1. U. S. O. 
 
 c days after 
 li the elerk 
 llie munici- 
 itiiate, with 
 j^i'ction 1(>") 
 ssue a sum- 
 the niuniei- 
 Court, w- 
 I' the Court, 
 oiiiply with 
 .21. 
 
 muKius, the 
 the ne<^'leet 
 ini])osc sueh 
 jeediu';^ $20, 
 for the pay- 
 cot^ts of the 
 id all orders 
 
 made hy tiie Judge for the i)ayment of a fine or costs shall 
 he enforced against the elerk of the municipality hy such 
 means as are provided for enforcing judgments in the Divi- 
 sion Courts. K. S. (). 1887, c. 51, s. lO-"); 53 V. c. 12, s. 22. 
 
 ITl. Tlie causes to he heard hy the Judge alone shall i\'^'fiRe's 
 he set down for hearing in a separate list from the list of^u-yii^t. 
 causes to he tried hy a jury, which two lists shall he sever- 
 ally called "Tlie Judge's List,"' and " Tlie Jury List," and 
 the causes shall he set down in tlie lists in the order in which 
 they were in the first instance entered with the clerk. The 
 " Jury List *' shall he the first disposed of, and then '' The 
 Juvlge's List," except where the Judge sees sullicient cause 
 for i)roceeding differently. R. 8. 0. 1887, c. 51, s. IGG. 
 
 172. Five jurors shall he empanelled and sworn to do ^;\fgj^^,^'°^'^ 
 justice hetween the jjarties whose cause they are required to J'^'J'*'"*^'^' 
 try, according to the hest of their skill and ahility, and to 
 dve a true verdict according to the evidence; and the ver- Verdict 
 
 to 1)0 
 
 diet of every jury shall he unanimous. Ix. S. 0. 1887, c. 51,uiianimcus 
 s. 1()7, i)art. 
 
 17li. \n the event oC the i)aiu'l Ijcing exhausted 1)efore •T»']8« '"^y 
 
 ' '^ call talen. 
 
 a jury shall he ohtained, tlie Judge may direct the clerk to 
 summon from the hody of the Court a suiricient nuniher of 
 disinterested persons to make up a full jury, and any person 
 so summoned may, saving all lawful exceptions and rights 
 of cliallenge, sit and act as a juror as fully as though he had 
 liei'ii regularly suiiiuioiied. R. S. 0. 1887, c. 51, s. 1G7, part. 
 
 174. Tn case the Judge l)efore whom an action is ,T,uige may 
 hrought tliinks it proper to have any fact controverted in.uuy'tSbe 
 the cause tried liy a jury, the clerk shall instantly return anK-y" 
 jury of five jiersons jirescnt, to try such fact; and the Judge ed^fact'"'* 
 may give judgment on the verdict of the jury or grant a new 
 trial, upon the application of either party, in the same way 
 and under similar circumstances as new trials are granted 
 in other cases on verdicts of juries. Each juror so called and 
 sworn shall he ])aid the sum of ten cents, and the moneys so 
 Iraid shall he taxed as costs in the cause. This section shall 
 
 I 
 
] 
 
 i 
 
 
 
 ■^ 
 
 1 
 
 ., ii ! 
 
 ill 
 
 
 m 
 
 DIVISION COi in'S ACT. 
 
 c\(('ii(l aiMJ iipply to tlic irinl of iin iiiicM-plcador issti(>. I?. S. 
 0. 1S87, c. T)], s. KIS; ^r V. c. 2!>, a. <. 
 
 .TndRe may 
 rlischiiiKC 
 jury not 
 ayi-eeiii^', 
 etc. 
 
 Foos fill- 
 jury fiuicl. 
 
 Iletui-n. 
 
 Koturn in 
 
 cities 
 
 I'onnius 
 
 separiito 
 
 divisions. 
 
 IT5. ir ill any ca.^c llic .IimI.lic is salisdcd (liat a jury, 
 jifici- iiaviii.t:- luH'U out a irasonaMo tiinc. cannot a.uivc upon 
 llicir vcidict, lu" may dischariiv tlieiii, and adjourn the c-ausr 
 until the next Courl, and order the clerk to summon a now- 
 jury for the next sittin.i^- of the Court for tliat division, un- 
 less tlic jiai'ties consent that the -ludp" may render jud<!inent 
 on the evidence already taken, in which casi' he may <;i\o 
 jud«:-ment accordingly. IJ. S. O. 18.s7, e. M, s. KI'.K 
 
 17«. 'IMiere shall he i)aid to the clerk of the Division 
 Court, in addition to all costs or jury fees now by law jiay- 
 ahle, on eveiy action entered where the claim exceeds .t'io 
 but docs not exc(>ed $(!<>, three cents: where the claim ex- 
 ceeds ^(i(>, hut does not exceed .$10I», six cents; and 
 where the claim exceeds 1(»0. twenty-live cents; and 
 tlie sanu' sliall he taxed and allowed as costs in the cause; 
 and, on or before the ir)th day of danuaiw in every year, 
 evei'V clei'k shall return to the tivasurer of the county :i 
 statement, under oath, showing the number of actions origi- 
 ]ially entered in his Coni't during the year previous, in which 
 the claim exceeded $20 hut did not exceed $(!(». the number 
 in which the claim exci'cded $()»>, but did not exceed $100, 
 and the number in which the claim exceeded $100; 
 and hv sliall, with the statement, jtay over to the treasurer 
 the sum of three cents on every action so eiitereil where the 
 claim exceeded $-20 hut did not exceed $G0; the sum of six 
 t-ents on every action where the claim exceeded $(10, but did 
 not exceed $100; and the sum of twenty-live cents on every 
 fiction whei'e the claim exceeded $100, together with all othei- 
 moneys received by him for jurors' fees during- tiie year; and 
 the treasurer shall kee|) an account of all moneys so received 
 l)y him iinder tlie head of ' Dixision Court Jiiry Fund." ]i. 
 8.0. 1887, c. ol, s. 170. 
 
 177. In evei-y city which includes one ov more entire 
 divisions and no other fraction of a division the clerk shall 
 .make the return and ])ayment, provided for hy the next pre- 
 
 ,.#>*' 
 
PI'v()('i:i;|)IN(i,s TO (iAHN'ISH I)p:hts. 
 
 69 
 
 10. 
 
 R. S. 
 
 it ii jury, 
 <:yvv iipoii 
 the c'iuisc 
 on a new 
 ision, uii- 
 iii(l;^iiR'ii( 
 
 luay gi\t! 
 
 ' hivision 
 
 law pay- 
 eccds $-^> 
 claim o.\- 
 iits; and 
 nts; and 
 lu' causo: 
 •cry year, 
 
 county a 
 ons oi'iu'i- 
 , in which 
 c miinhcr 
 cod $100, 
 cd $100; 
 
 trcasui'ci' 
 whci'c the 
 uni oi' !^ix 
 0, but did 
 ; on every 
 ii all other 
 
 year; and 
 ;o received 
 •'und." ]{. 
 
 oi-c entire 
 clerk shall 
 ! next pro- 
 
 ceding section, to the trea. urer of sncli city, who shall keep 
 rn account of such moneys in the same way as is provided 
 in tlie case oi' county treasurers, and shall, on tiie presenta- 
 tion ol' tiie certificate of the Judge, ftn'thwith repay to tho 
 derk ol' the Court the jurors' fees jiaid by him in the same 
 manner as is hereinafter provided in the case of county treas- 
 urers. H. S 0. 1887, e. 51, s. 171. 
 
 [The same returns are exacted of the clerk under this 
 provisioii as are reipiircd under section ITO, Too much 
 stress cannot be laid on the necessity of this, as of all other 
 returns, being duly made. I 
 
 ly.S. The clerk of every Division Court shall pay to Fees of 
 everv ])ersoii who has been summoiu'd as a juror, and wlio 
 attends during tlie sittings of the Court for which he has 
 been summoned, and who does not attend as a witness in 
 any cause, or as a litigant in his own behalf, the sum of $1; 
 and having so paid the same, except in the cases in the ne^t 
 ])re(eding section ])rovided for, the presiding Judge shall so 
 certify to the treasurer of tho county, and shall deliver the 
 certificate to the clerk, and the treasurer of the county shall, 
 upon the presentation of the certificate to him, forthwith pay 
 to the clerk, or his order, the amount which the clerk ap- 
 pears, by the certificate to have jiaid the jurors as aforesaid; 
 in the case of cities, other than those provided for by the 
 next ])receding section, and towns separated from the county, 
 the amounts ])aid in by the clerks of the Courts in such cities 
 and towns, and the amounts i)aid in by the county treasurer 
 to the c-lerks of such Courts for jury fees, shall be taken into 
 account in settling the proportion of the charges to be paid 
 by the city or town towards the costs of administration of 
 justice. 1{. S. 0. 1887, c. 51, s. 17^. 
 
 PR()C1£EDINGS TO GARXISII Dlil'.TS. 
 
 ITIJ. Subject to the provisions of the next section, ciarnisb- 
 when a debt or money demand of the ])ropcr competence of debts, 
 the Division Court, and not be .g a claim strictly for dam- 
 ages, is due and owing to one party from another party, 
 
t ^1: 
 
 I \ 
 
 I. ! 
 
 it 't 
 
 JO 
 
 Debts (liio 
 lor wajjis 
 not to Ijo 
 attaclied, 
 except as 
 to excess 
 over i<2'>. 
 
 Savin R 
 clause ns 
 to cert lin 
 debts. 
 
 Memoran- 
 
 diiin oil 
 
 garnishee 
 
 suimuous. 
 
 DIVISION COURTS ACT. 
 
 citlicr on a jud-inont of a i:Hvisi()n Court or otherwiso, and 
 a di-l)t is (hie or owino' to tlio dt-l.tor iVom any other parly, 
 the i^arty to whom such first iiieiitioned deht or money (h-- 
 maiid is" so due and owinj:' (hereinafter desi^mated tlie pri- 
 mary creditor), may attach and recover in the manner herein 
 |,r,,vided aiiv deht" (hie or owin.iT his deht(n' (hereinafter 
 desi-naied the primary dehtor), from any other party (here- 
 inafter (U'si-iiiated the pirnishee), or sullicient to satisfy tiie 
 claim of the i)riinary creditor, siihject always to the ri<;hts 
 ot other jiarties to the dehts owing from such garnishee, li. 
 
 s. (). issT, c. .-)i, s. it;?. 
 
 1.HO. .No deht due or accruing to a mechanic,, work- 
 man, lahonrer, servant, clerk, or employee, for, or in resi>ecl 
 of, liis wages or salary, shall he lia!)le to seizure or attach- 
 ment under this Act, or any other Act relating to the at- 
 tachment or garnishment of dehts, unless ihe deht exceeds 
 the sum of $"^."i, and then only to the extent of the excess, 
 li. S. (). ISST, c. ")1, s. JTI. See also c. l.")!!, s. T. 
 
 IHl. Notliing in the next preceding sect ion contained 
 shall applv to iiny case where the deht has heeii contracted 
 J'or hoard or lodging, and in the opinion of the Judge, the ex- 
 emiition of $•?.■) is not necessary for the sui)i)ort and main- 
 tenance of the dehtor's family, or where tlie dehtor is an un- 
 married person, having i;'> himily deijcndiiig upon him for 
 supi)ort, and the deht was contra( ted on or hefore the 2;?rd 
 day of March, 1889. 1{. S. (). 1S8T, c. 51, s. 175; 53 V. c. 
 12, s. 23. 
 
 1.S2. — (1) In idl cases under the provisions of sec- 
 tions I8(i and 1!)0 of this Act where the deht sought to ho 
 aarnisliod is for wages or salarv, tliere shall he upon, or an- 
 nexed to the summons s(M'ved on the garnislieo, a menioran- 
 dum showing the residence .'I' the primary dehtor and the 
 nature of his occupation in the service of the garnishee at 
 the time of the issuing of the summons (if then in such ser- 
 vice), and also stating whether the del)t alleged or adjudged 
 to be duo hy the jirimary delator to the primary creditor was 
 or was not incurred for hoard or lodging, and in the absence 
 
 :,=JiA 
 
 !i 
 
work- 
 
 WHEUK THE CllEDlTOU'S CLAIM IS A .irDOMEXT. 71 
 
 of sucli last inontiono.1 statonicmt the said <lcbt may bo i-ro- 
 sumod l.v the jraniishoo not to have heen ineurred lor hoard 
 or lodging. IJ.S.O. ISST, c. 51,, s. 1T7. 
 
 (?) If the del)! is alleged or adjudged to he due l)y an 
 imnuirried i-erson iiaving no family depending on hin. for 
 i.ui.i.ort. a statement to that ell'eet shall he upon or annexed 
 to the snnuHons served on the garnishee, and in the ahsence 
 of such statement, .Mich unmarried i)erson may he jn-esumcl 
 hy tlie garnishee to have a family depending on him I'or sup- 
 port. 
 
 WIIERK THE CKKDITOK'S CLAIM IS A JUDCMENT. 
 
 1«3. After judgment has heon recovered in a division A^^^chm^^^^ 
 Court, application may he made to a dudge of the CN.urt. l.y^^';^'^'^;\,^^^^ 
 or on hehalf of the i)rimary creditor, on allidavit that such 
 judgment Avas recovered, and when, and that the whole, or 
 sonre ])art, and how much, thereof remains nnsatisned, and 
 tiiat the deponent has reason to helieve, and does helievc, 
 tliat some one or more parties (naming them, or stating that 
 he is unahle to name them) is or are witliin this i'rovinee, 
 and is or are indehted to the ])rimary debtor, for an attaeli- 
 ini-- order (which the dudue is hereby authorized to make), 
 to the efVect that all del)ts owing to the primary debtor, 
 whether due or not due, be attached to satisfy the judgnient; 
 ^vhich order may be in the form proscribed by the (Jeneral 
 Kules or Orders from time to tinu' in force relating to Divi- 
 f^ion Courts. ]{. S. 0. 1887, c. 51, s. 178. 
 
 1H4. The service of the order on a garnishee ^li^^l^ fi'^^^go^f to 
 have tlie effect (subject to the rights of other parties), of »t-|j^'^'ig*'''i 
 taching and binding in his hands all debts then owing from 
 him to the primary debtor, or suilicient thereof to satisfy the 
 judgment, and a payment by the garnishee into the Court, 
 or to the i)rimary creditor, of the dei)t so attached, to the ex- 
 tent \ni!«atisfied on the judgment shall be a discharge to the 
 extent of the debt owing from the garnishee to the primary 
 debtor. R. S. 0. 1887, c. 51, s. 179. 
 
72 
 
 \ ! 
 
 PiiyiiiPiit 
 
 to IlllV iMlt 
 
 primary 
 (•rciiitor 
 VOiJ. 
 
 Prininry 
 
 crcilitor 
 
 may 
 
 siimiuoii 
 
 punisl.ec, gj^^j^ Qo^„., f,,,, 
 
 DIVISION' conns act. 
 
 1S5. Anv ])iiynroiii l>y tlio <:Jii'iiislH'0, nftor porvicc on 
 him (.r the order. i<) imy <"ii' "<'"^'i" ^''"" ^''f' pnmary crcdi- 
 toi', (.r into Collet, io sili>ly the jiKl.uiii.'nt. slmll. to tlic cv- 
 tont of the i)riniiiry creditor's clnini. Ik- void: iiiid tlie ,i;iirni- 
 shee shall be lialde to pay tht; same a-ain, to the extent (.1' 
 llio i)riniary creditor's chiim, io satisfy this jnd^-niont. unless 
 tlio Judge otherwise orders. If. S. O. iss;, c. -"il, s. ISO. 
 
 iSii. Whether siU'h attaching onh'r is or is not maile. 
 the ])rimary creditor uiay cause to be sue(| out of the Divi- 
 ic division in which the garnishee, or one 
 or Jiiore of them, if there he joint garnishees, resides or car- 
 ries on business, a smumons in the form jirescrilied by the 
 ixenerai rules or orders, from time to lime in fori-e, relating 
 to ])ivision Courts, ujjon or annexed to wliicli shall be a 
 ineniorandnm showing the names of the parties as designated 
 in the judgment, the date when, and the Court in which, it 
 M'as recovered, and the amount nnsatislicd; wliicli summons 
 shall be returnable cither at any ordinai'y sittings of th.' 
 Court, or at such othei' time and place (to he named iliereiii) 
 as the Judge may pernnt or appoint, either by a general 
 order for the disposal of such matters or otherwise. 1{. S, (). 
 ISSr, c. 51, s. 181. 
 
 sorviocoii 1.H7. Tn jtroceedings under the preceding section, 
 
 coriioration , ,, . , ,.. . i i i j i ... 
 
 whose iioaii wlicrc the garnishees arc likewise a hody corporate, not lia\- 
 mahi'tiio ing their chief ]ilace of business within the i'rovince, then 
 the summons mentioned in said last mentioned section shall 
 be issued from the Division Court in which ilu! judgment 
 has been recovered, and shall be served upon the agent of 
 the body corporate, whose oHice as such agent is either 
 within the division in which the judgment has been recov- 
 ered, or is nearest thereto. 1?. S. (). 1887, e. ol, s. 183. 
 
 IS.S, A copy of the summons and luemorandum shall 
 be duly served on the garnishee, or, if there be joint garni- 
 sliees, then on such of them as are within the reach of the 
 proces.s, at the time and in the Jiianner required for the 
 service of sunnuonses in ordinary actions for eorres])onding 
 
 Mode of 
 aervico. 
 
WllKUK nUMAUV ri?Kl.IT(.U's <I.Ani NoT A .ItMxiMKNT. 
 
 73 
 
 rvico (HI 
 •y crcdi- 
 tlic cx- 
 (' <iiinii- 
 xteiil (»r 
 \\ iinli'ss 
 ISO. 
 
 i| iiiadc. 
 lie Divi- 
 , or Olio 
 ■; or car- 
 I l.y tho 
 
 rchitiii,!;" 
 nil be 11 
 siiiiiiited 
 \liieli, it 
 uiiimons 
 ^ of the 
 llicrciii) 
 
 /^.cner.il 
 
 li. s. o. 
 
 section, 
 not liav- 
 ice, then 
 ion gliall 
 udgMiieiit 
 a<^cnt of 
 is eitliei' 
 '11 reeov- 
 
 1S2. 
 
 mil sliall 
 it gariii- 
 h of tiie 
 J'or tiie 
 ;])ondiii^ 
 
 nniounts. and also on the primary dehl... if tlu.^ht .ulvi^ 
 al.lo, or if required l.y the Judge. II. S. U. Lsh., c. ol, s. 
 
 ^^"iHiy \i tlu. hearing of the snininons or at any >u1- J[t^-;:;^. 
 iourn.d h-aring on sutli.ient proof of the anionnt owing hy 
 tl„ ..niishee io tho primary .lehtor, and no snfl.e.ent e.uise 
 ;,„,•„,„. ,hv it should not he paid and apph'-d m satishu- 
 1 on of the iu'd.ment. the .ludgo may give judgment agains 
 ^1,, .arnish.:e (whieh judgment may he in the form in-csenhed 
 l.v the general rnles or orders from time to time nifoive re- 
 ]*li„.,. to Division Courts), for the amount so owing roin 
 Inn.^.rsnnieient thereof to satisfy the judgment; ami ex- 
 oeution a^ain.t the garnishee io levy tho same may issue 
 thereon as of <ours,>, if due, or when and as it heeomes duo, 
 or at such later period as the Judge may order, which exe- 
 ciiti(m may he according to the form prescrihcd as atoresaul. 
 ]?. S. (). ISST. c. .M, s. 181. 
 
 XVIIKKK Till-. I-KI.MARV ClUAHTOK^ CT.AlM NOT A jrDr.MKXT. 
 
 1«0.— (1) Where jud-ment has not heen ivroveivd ^'^^- l^j^^^^^:;^^ 
 the claim of the primary creditor, he may cause a .uinnu.ns su.mnous 
 in the h.rm lU'cscrihed hy the general rules or orders I'n.m -Mshc^^tc, 
 time to time in for. e relating to Division Courts, to he issued 
 out of t!ie Division C.mit of the division in wliicli the garni- 
 shee, or one or more of them, if there he joint garnisliees, 
 live or carry on husiness, upon or annexed to which shall he 
 a memorandum, showing the names of the primary creditor, 
 the primary debtor, and of the garnishee, and the particulars 
 of tlie claim of the iirimary creditor, with reasonable cer- 
 tainty and detail; which summons shall be returnable as 
 re.piiVed by section ISC of this Act, in respect to the sum- 
 monses therein mentioned. 
 
 (2) In the eyent of the garnishees being a body corpo- ^vw r|u^ 
 rate not haying their chief place of business within the ^^o-c^v^^^^ 
 yince, then the summons shall be issued out of the Diyisioni'iovince. 
 Court for the division in which the cause of action arose., 
 and shall be served upon the agent of the body corporate, 
 whose ollice, as such agent, is nearest to the place where the 
 cause of action arose. 
 
1'- 
 
 u 
 
 Who may 
 ftKuot- 
 
 Scrvico oil 
 f{aniii>iit.'L'H. 
 
 .Tiii1(,'iiiL'nt 
 ill siicli 
 case, 
 
 Wliore 
 primary 
 del)tor 
 enters no 
 defouce. 
 
 DIVISION corins act. 
 
 (3) Kvory jiorson who within Oiitiirio trnnsncts or carries 
 on iiny l.u'sii.ess <.!'. or hi.siiu'ss for siicii l.ody corporato, shall 
 f,.r th'u i.iiriM.so of this soction iin.l of section IST he (hrnie.! 
 the afc'ent thereof. K. S. (►. ISST, e. :.l, s. 185. 
 
 I!M. A copy of ilio snnunoiis and inenioran<lnni sh.all 
 W iliily served on' the -arnish.'T, or if there he joint pirni- 
 h^hees, then on sneii of them as are within reach of the ])ro. 
 cess, at the time and in the manner nuiuired for service in 
 ,„(linarv cases: and also, if practicahle. on the primary 
 ,l,>l,lor,' unless the .liid^e for sulVicient reasons dispenses 
 therewith. U. S. O. ISST. c. .M, s. l.s(i. 
 
 |«>i». (1) If in snch case the primaiT delitor has heen 
 
 dulv served with a copy of the summons and niemorandmn, 
 jndjiiuent (in tlie nsnal form in other cases) may lie given 
 ii-ainst him at the hearing for the primary creditor, for the 
 whole, or snch jiart of ihe claim as is snillciently proved, and 
 execution may afterwards issue thereon as in other cases; and 
 whether snch judgment is or is not given, the dndge, on snili- 
 cicnt [troof of the deht due and owing from the primary 
 dchlor, and also of the amonnt owing to himj'rom the garni- 
 shee, may then, or at any adjourned h(>aring, give judgment 
 against the garnishee (which may he according to the form 
 ])rescrii)ed as aforesaid) for the amonnt so found due from 
 the liarnishee, to the extent of the amount so fonnd dne 
 from the primary dehtor, which sum the garnishee shall pay 
 into Court, or to the piimary creditor, towards the satisfac- 
 tion of the claim, or in default thereof, execution may issue 
 to levy the sauie forthwith, or at such later ])eriod as the 
 Judge may direct, which execution may he aci'ording to the 
 form prescrihed as aforesaid. ]{. S. (). ISST, c. 51, s. 187. 
 
 (2) Tf no defence has heen entered hy the primary 
 dehtor, and the ])rimary creditor hcfore the trial ahandoiis 
 the claim against the garnishee, ilnal judgment may he en- 
 tered for the claim of the jjrimary creditor and costs Ly the 
 clerk as if there had heen no garnishee proceedings. GO V. 
 c. 14, s. 9. 
 
 »^i. 
 
iKNF.HAL IMIOVISION'S. 
 
 u 
 
 isr, 
 
 GKN'KRAI. PROVISIONS. 
 
 Uri (1) In <..s..s un.lH- tl.is A.t. .n.l wlu-thrr tho ^nmn;^ 
 J oMl Vin.u-v c.n.niio. is or is .ot a >1^^^^^^^^ 
 
 ; nrv.l.l.torMlH.-,anuslH..an<l.llotlu.,.a^^^ 
 
 int..n.(..l in. oMo 1 ,MUlV<-tc.l l.V tluM'n>-;nu,., sh,^ 
 
 l./entinnlto sd up ai^v .lHVm.^ as bdwc.n tlu. pn.na > 
 Liv^ilo,. an.I ilu. pvilnary .l.l.tor, wluch Iho ai.v .oul.l ho 
 ,.„ti,u„l to M up in an onliuary acti.^n, an.I also any sucli 
 ,l,,f,,„,, ..., ,,,iw.on il.o garuislHT a.ul ll... pmnary doUor, 
 ,,,,, ,,,V also slH.v any otluT Just oaus. wl.v 1lH.dol.l^.n..ht 
 
 in U' ..arni.-l.r.l sIm.uI.I not lu- pai.l oxw or api.lR"<l m or lo- 
 wnnls Uh" satisfaction of tl.r rlain. ..f tlio priumry crclitor. 
 
 (->) A priiiiaiv .Irl.tor or oiirni^lico Avho dosiros to set ^M^ D.;f..ne.^Jn 
 a statutory or oiiicr .Icrciur or sft-olV or to admit Ins liability ,,roc.ed- 
 in whol/or in part for tlu> amount clai -cd in such action, 
 shall tile with the ch'rk the particnlars of such defence or 
 i^ct-oir, or an admission of tiie amount due or owinj,' hy tho 
 l.rimary debtor or the garnishee, as the case may be, within 
 (Mjrjit ("lavs after service on liim of tiie summons, and the 
 clH-k sha'll f(.rtli\vith send hy mail to each .^f the said parties 
 to tlie action a coi)y of such defence. set-olT or admission, 
 and the primary credit.u- may file with the clerk a notice that 
 he admits tlie defence or set-oil' or accepts the admission ot 
 liabiHty as correct; a coi)y of the notice shall be sent by tho 
 clerk by mail forthwith to the jiarnishee, and in the absence 
 of any notice of detVnce (»r sct-olV from any i)rimary debtor 
 or },^^rnisllee, the Jud<;c may, in his discretion, give Judg- 
 ment against such ])rimary de))tor or garnishee; and in the 
 event of the i)rimary creditor failing to file a notice admitting 
 or rejecting such defence, set-ollf or admission of liability, 
 the garnishee shall not be bound to attend at the trial, and 
 the sum admitted to be due or owing by the garnishee, shall 
 be taken to be the coiTect amount of his liability unless 
 the .hidge shall otherwise order, in which latter case the 
 garnishee shall be notified by th(> clerk and shall have an 
 o])portunity of attending at a subseqnent date and being 
 beard before Judgment is given against him. 
 
hi 
 
 V ': 
 
 li 
 
 Costs. 
 
 Kcrvip.' (if 
 Kuiiiinoiis 
 oil f,'iU- 
 iiishcc 
 sliiill bind 
 tlic (Iclit 
 until 
 lioiiiilif,'. 
 
 And after 
 
 judgment. 
 
 Costs. 
 
 t'ostsof 
 luiniiii'v 
 ciX'ditor. 
 
 DIVISION' COriiTS ACT. 
 
 (n) Tlio c-o>t of all iioliics miiiircd in l.o .uivcn iind. r 
 11, ;s sod ion shall l-c co^ts in the canso, and in no case slm I 
 1,0 vavaMc I'.v tli< -arnislurs unless specially oraercd l,v 
 IheJiMl-e. K. S. (). i<ss;. c. r.l. s. 18S. 
 
 I1M. In all cax's under lliis Act (except ulierc an 
 atincliin- (.rder lias been served, already provided for), ser- 
 vi,.,> of the suiiiiuoiis on i'le -anii>liee shall have the elVe. ; 
 (,r attaeliin- and liindin- in his hands (std.ject to the rigliN 
 of ..ther patties) 111" del)t soiiojit to he o-nrnished, from 11:- 
 lime of the service nntil a dual decision made on the hcariii-- 
 of the snniiiions: and payment of the deht hy the garnishee. 
 diiriiiL' sncli period, to any one other than the primary credi- 
 tor, or into ( oiirt i'or satislying his (daim. shall, to the ex- 
 tent of the (laim. he void, and the garnisliee shall he liahl" 
 to pay the same again, t ) the exti'iit of ilie (daim, to satisfy 
 the same, unless the Judge otherwise orders. \l. S. O. ISSl. 
 :\ ."il. s. 1S!I. See also I'ule T!>. 
 
 1!I5. If the judgmeiit h(> given for the primary credi- 
 tor against the garnishee, the deht garnished .^hall, nnle-s 
 the .ludge otherwise orders, continno hound mi the hand-; 
 of the garnishee to satisfy the claim of tlio i»rimary creditor; 
 and iiayment in such east; hy the garnishee of the del)!, to 
 the extent of the claim, either into roiirt or to the primai'> 
 creditor, shall, to that extent, he a discharge to the garnishee, 
 as lietween him and the primary deMor; and any thereof 
 otherwise than last aforesaid, excejit hy leave of tiie /Indge, 
 shall he vcd; and the garnishee in such case shall he liahle 
 to pay the same again to satisfy the claim of the })riniary 
 creditor. U. S. (). iss;, c. ."il. s. 1!»(t. 
 
 1!M». 'I'lie garnishee shall not he liahle for the costs 
 of the ]trocee(lings. nnless and in so far only as occasioned 
 hy setting np a defence, which he hm'w. or onght to have 
 known, was nntenahle: and, suliject to this ])rovision, the 
 costs of all ])ai'ties shall he in the discretion of the Jndge. 
 K. 8. (). JS,s:. c. .-)1. s. l!ll. See also J{ule Sl. 
 
 107. 'I'l e diidge in any case hrought to garnish a deht 
 may, in giving judgment on hehalf of the primary creditor, 
 
r^ .J 
 
 Ml iiiiilt r 
 ?aso pliaU 
 lie rod liy 
 
 for), soi- 
 ]\v etlV. I 
 he riglii ^ 
 from 11; • 
 c licariii-- 
 ;ariiis1ioi'. 
 iry crodi- 
 [) llie cx- 
 1)C liaM'' 
 to satisfy 
 (». 18^:. 
 
 iry croili- 
 11. unlc-s 
 ho haiiils 
 
 c red i to I". 
 ! del)t, 1^' 
 ) prima i'> 
 jarnishcr. 
 y tliercol' 
 le Jud;:*'. 
 
 he liahlc 
 ; primary 
 
 the costs 
 ccasionod 
 t to ha\i' 
 isioii, till' 
 10 Jlld<;<\ 
 
 sli a deht 
 creditor, 
 
 iillSVAl.W. IMIOVISIONS. «• 
 
 avard the <-osts of the proeee,ling to the primary creditor 
 rc!^' ;.an,ounti.umldm.iVonMhe.arn,slmetotlm^ 
 
 ^,„,, .u.lnor. anytlnn, in this Act !-> the contrary notw.th- 
 btamhng. U.S. O. ISST, c. 51. s. V.^'i. 
 
 HIS. niul^numt shall not he given either again.t tl.eS;;--- 
 ..rinnry deh^or'or the garnishee nntil the said suumuous an.l ;-,.u^;;.;: 
 uomorandum, ^vith an allidav.i ol the due smu ot bou 
 on the proper parties, arc hied, unle» ll.t ;""n^ ' 1 
 reasons orders otherwise. U. S. U. ISST, c. ol, s. l.»o. 
 
 !««> \o exccntion shall in any case issue to levy N;-'x.cu. 
 money owing from a garnishee until and so far only as such ..nushee's 
 luoney has hecomc fully due. 1?. S. U. ISST, c. ol, s. U 1. 
 
 21#0. \nv party entitled to or interested in any money AjM-Uca. 
 or deht attached or hound in the hands ot the garnishee l>y;|;-^'S 
 a proceeding under this Act, may, at any time heforc actual a;tach- 
 pavment therc.f hy the garnishee, apply to the Judge for 
 air order (which tlie Judge is herehy authorized to make), 
 to the elfect that such money or deht he discharged from the 
 claim of the primary creditor; and thenceforth such money 
 or deht shall cease to he attached or hound for such claim; 
 and such an . oplication and .-uch an order may also he made, 
 if the Judge thinks fit, after the money or deht has heen paid 
 over hy the garnishee, in which case all parties shall he re- 
 nutted to their original riglits in respect thereto, except as 
 against the garnishee having alri'ady ]'a;d the deht or money, 
 whose i.ayment shall not lie affected therehy, hut shall he 
 and remain an elVectual discharge to him. 11. S. 0. 1887, 
 c. 5J, s. VJo. 
 
 aOl.— (1) ir the Judge, on the hearing of a summons sociuity 
 under this Act, or on special ai>plication for the purpose. iniijiiu-y 
 thinks proper, he may, l)efore giving judgment against the' 
 garnishee, or at any time Defore actual i>ayment hy the 
 gariiisliee. oi'der such security to he given as may he approved 
 hy himself or the clerk, hy or on hehalt' ol^ the pi'imary credi- 
 tor, for the re|)ayment into Court to ahide the Judge's order, 
 in case a Judi-e's order is made for reiiaynient. 
 
 .TLMlltOl*. 
 
 ^0 
 
 Wif^lS^4. 
 
 ■.ra«^ife^^i&«7r 
 
 finiii ' 'iiiini 
 
 ~« f%.<»^^-^£.j»»'^^;;t" 
 
78 
 
 Case of 
 fl,dverse 
 claims. 
 
 .ludRp inny 
 postpone 
 or adjourn 
 proceed- 
 ings. 
 
 DIVISION COURTS ACT. 
 
 (2) Tlie 1)011(1 shall be to tlie e-lcrk 1)y his name of oIFk'. . 
 aiul shall enure for tlie benefit ol' all iiarties interested in o:- 
 entitled to the money, and may, by order of the J iid<ie, an.! 
 on such terms as to indemnity against costs and other\vi> 
 as lie may imi)0se, be sued in the name of the clerk of tlsr 
 Court for" tlie time being', for the benefit of the i)arty entitled, 
 K. S. 0. 1887, c. 51, s. IDfi. 
 
 20S. In ease any one other than the primary credito' 
 or primary debtor claims to be entitled to the delit owin- 
 from the garnishee, by assignment thereof or otherwise, the 
 Judge, when adjudicating in any of the cases aforesaid, or 
 by calling the ])roper ])arties before hiin by summons for tin.' 
 purjiose, may enquire into and decide upon the claim, and 
 may allow or give elfect to it, or may hold it void as against 
 the primary creditor for being a fraud upon creditors or 
 otherwise, as the justice of the case may require; and for 
 such pur})ose he may retpiire the attendance of such parties 
 and witnesses (their conduct money being first paid) as he 
 may think necessary. K. S. (). iss;, c, T)!, s. li)7, 
 
 I in connection with garnishment proceedings may be 
 read tlie Act jjassed at the last session of the Legislature 
 (January, J8!»M), entitled " An Act to jirovide for the Glar- 
 nisliiueiit of the Salaries of Civil Servants." it will be found 
 at the end of this volume. Authority is therein given credi- 
 tors to garnish money owing hy the Crown to civil servants. 
 The Act does not ajsply to any debt contracted befori! the 
 passing thereof. It comes into force on 1st .May, 18!)8. | 
 
 !30!{. The Judge may ]iost|ione or adjourn from time 
 to tiuu' the hearing and other proci'edings in garnishee 
 cases, to allow time for giving omitted notices of defence, 
 or to ])rodiice further cvicK'nce. or for any other purpose; 
 and may recpiire service on, and notice io, other or addi- 
 tional parties, and may prescrihe and devise forms for any 
 proceeding, and may amend all summonses, memoranda, 
 claims, accounts, notices and other |)apers and proceedings, 
 and co])ies thereof as justice may reipiire, }\. S. 0. 1887,. 
 e. 51, s. 198. 
 
 ■4^ 
 
 UL 
 
 i I* 
 
KM I 
 
 NOTICE WHEHE JURISDICTION DISPUTED. 
 
 «04 The clerks of the several Division C^ourts shall Sh.nent 
 1 n7, Their respective olllces a debt attaclnnent hook, ac- '«-'<• 
 
 tie orm prescrihed hy the General Rules or 
 ?:l::^ f n "" U in fo.e reM 
 W n which shall l)e correctly entered the names of 
 '" e ' e d tos, staten.ents, an,ounts and other proceed- 
 ".;;>' is Act, as indicated hy the said foruu and 
 ::;;::;any entries made therein may he tak^^ 
 on application free of charge. E. b. 0. lbh<, c. ol, s. 
 
 NOTICE WHERE JURISDICTION DISPUTED. 
 
 205. In all cases where a <"'^'f<-^"*''''^J^^\l'^'^"'?^">\^J^!^'.^"„'';|Su 
 
 wat;es,. 
 
 or .garnishee intends to contest the .inr.sdiction of a l^';'^"^^for 
 
 101> 
 
 Court to hear or determine any cause, matter or thm- in 
 MKii Court, he shall leave with the clerk of the Court, witli- 
 iu ei'dit days after the day of service of the summons on 
 lu,u '(where the service is required to he ten days hetore 
 the return), or within twelve days after the day of such ^^'i"" Notice 
 vice (where the service is required to he iiftcon or twenty Ji;,;.fJ|i^, 
 days before tiie return), a notice to the elfect that he dis- ^/i,*^,X^ 
 ]mh'< the jurisdiction of the Court, and the clerk shall forth- [° J,^,^;iy"> 
 with give' notice thereof to the plaintilf, i)rimary creditor,--^ «'^«'^«- 
 or their solicitors or agents in the same way as notice of 
 defence is now given, and in dofault of such notice disputing 
 the ji'.'isdiction of the Court, the same shall 1)0 considered as 
 estai)]i;-hed and determined, and all proceedings may there- 
 after b.. taken as fully and etlVctually as if the said act'oo 
 or ]>rocecdiiig liad l)een i)roi)erly commenced, entered - r 
 taken in Midi Court; and the notice sliall he in writing; and 
 piobibition to a Division Cour^ shall not lie in such action 
 frcin ai'.y Court whatever, where the notice disputing the 
 jurisdiction lias not been duly given as aforesaid. R. S. O. 
 lS8r, c. 51, s. 17G. 
 
 ARDITRATTON. 
 
 2©«. The Judge may, in any case, with the oonscnt oi\Refe;X^& 
 both paril'>s to the action, or of their agents, ordci li^e sam(-N'Xrof 
 wilh or without other matters in dispute between such-J;\\'Kf,;;y''y 
 
I il 
 
 « 
 
 ill 
 
 80 
 
 DIVISION cor UTS ACT. 
 
 parlies, l)ein,^ ^villli^ tlu' jurisdiction of tlie Court, to l.o 
 referred to iirl)itrati(.ii to such person or persons, and .11 
 snch uiiiiiuer and on such terms as lie tliiuks reasonalde ai .l 
 just; or the ].arlies to an action may, by writ mo-, si.ii-ned i,y 
 themselves or their a.u'cuts, agree to refer the matters in di:^- 
 pnte to the arhiiranieut ol' a persou named in the agreemeiii, 
 which shall lie died with tlie clerk, and he entered on tin' 
 Procedure IJook as notices are entered. ]{. S. O. ISST, .■. 
 51, P. 200. 
 
 i« ^1 
 
 Rovocation 207. T\\o reference shall not he revocahle by eith.r 
 
 reference, parlv CXCcpt with the COUSCUt of tilC -ludgC. 1{. S. (). lcS.s:. 
 
 c. 5], s. 201. 
 
 Aurti-ato 20H. The award <«f the ai'hilrator or arbitrators nr 
 
 iieenUTcd ^,j|^^,i,,^, ^],.^]] ]„. ,,,it,.red as the judgment in the cause, an^l 
 ■'"'^^""'"^' shall he as binding and cll'ectual as if given hy the Judg\'. 
 
 11. 8. 0. issr, c. :)i, s. 202. 
 
 II: i 
 
 i: i' 
 
 r. I 
 
 iiidi^i' iiiny tiOO. 'I'he .1 udge, on a|i|>licat imi lo liini within fourteen 
 
 iiward. chivs after the entry of the awai'd. may. if he thinks lit, sit 
 aside the award, oi- luay, \\ilh tlu' consent of both parties, re- 
 voke the reference and ordci' another reference to be made in 
 the manner aforesaid, if. S. O. ISST. c. .51, s. 2(t;). 
 
 lilO. Anv arbitrator niav adnuuistei- an oath or allir- 
 
 ed 
 
 Avliiti-atovs 
 
 liKiyiUso • , 1 • 1 11 1 
 
 aciiiiiiiister mation to the ]iarties, and to all other persons cxanun 
 
 before such arbitrat<u'. W. S. (). 1SS7, c. ol, s. 20-1. 
 
 roxi'i:ssi()\s oi' i)i:i'.t. 
 t21l. A baililT or ch'rk, befoi'e m- after action com- 
 
 C'lerlis and 
 
 baiiiiTs jiienced. niav take a conl'e>>iou of acknowiediiinent of debi 
 
 may talio ■ 
 
 confessions J' j.f-, II a debtor or (h'fendant desirous of executing the sam-'. 
 vhich confession or ackiiowledgnuuit shall be in writing and 
 witnessed by the baililV or clerk at liie time of the talking 
 thereof; and iipon the prodiU'tion ol tlu' conft'ssioii or ac- 
 knowledgmeni to the Judge, and its bidiig proved by the oalli 
 of the baililT oi" clerk, judgment may be entered thereon. 
 li. S. 0. 1887, c. 51, s. 205. 
 
 -ii^: 
 
CONFESSIONS OK DKHTS. 
 
 81 
 
 Court, to 1.0 
 I'sons, nml in 
 oasonal)le ni 1 
 n,ii', sijijncd iiy 
 liiltors in di- 
 lie af^rooiiu'iii, 
 atered on tl.c 
 
 ;. 0. 1SS7, r. 
 
 1)lo l)y citlh r 
 I. S. 0. l».s" 
 
 arbitrators i<v 
 lie cause, aii'l 
 l)V tlic Jud-.'. 
 
 itliin rom'tcH'ii 
 tliinl<s (it. set 
 )th parties, rc- 
 to l)e uiade in 
 
 oath or allii- 
 ;(»ns exaininc'l 
 
 r action coni- 
 ruient of dclii 
 liiiu' the saiii''. 
 ill w ritiiii:' iiii'l 
 of tlic ;aI\ii),L:' 
 ilV'ssioii or ac- 
 ed by tb(> oalli 
 terod thorcon. 
 
 212. Tlu" oatli or aHidavii shall state that ;he party ,V!;Siu 
 niakiii^^ it bas not received, and that he will not receive any-^'>^'"^'^^««- 
 thiuj:;- from the ]»laintitl' or defendant, or any otlier person, 
 except bis lawful fees, for taking- the confession or acknow- 
 ledgment, and that be bas no inteiH'st in the demand sought 
 to be recovered. E. S. 0. lyST, c. 51, s. 206. 
 
 COSTS. 
 
 0|3._(i) Tiu' costs of any action or proeooding not J^^iR'-j.^j^^ 
 otherwise ])rovided for, shall !•<■ paid by or ai)i)ortioned he- as to costs, 
 tween the ])arties in sucb maniuM- as the dudge thinks lit, 
 and in cases where tbo jdaintilT does not appear in person 
 or hv some ])erson in bis behalf, or appearing does not make 
 proof of bis demand to the satisfaction of the Judge, be may 
 award to the defendant sucb costs and sucb furtber sum of . 
 money, l)y wav of satisfactiou for bis trouble and attendance, 
 as he thinks proper, to be recovered as pi-ovided for in other 
 cases under this Act, and in default of any special directoin, 
 the t(»sts shall abide the event of the action, and execution 
 may issue for tbo recovery tbereof in like manner as for any 
 debt adjudged in the Court. 
 
 (•3) In all ai-tions or other i)roceedings brought in a 
 Division Court in which the ])laintitf fails to recover judg- 
 ment hy re.ison of tbe Court liaviug no jurisdiction over 
 the subject matter tbereof, tbe Judge presiding in tbo 
 Court shall bave jurisdiction over the costs of tbe action 
 or othei- proceeding, and may ord(>r hy and to whom tbo 
 ,-auie shall be paid, and the recovei'y of tbe costs awarded to 
 lie ;/a;d may he enforced by the same remtMlies as tbo costs 
 in actions or ])roc(>edings witliin the ])ro])er comjictonce of 
 the Court are recoverable. K. S. 0. ISST, c. 51, s. 307. 
 
 214. AVhore, in a contested case for more than $100, Counsoi 
 a counsel, solicitor or agent bas been employed by tbe suc- 
 cessful party in the conduct of tbo cause or defence, tbo 
 Judge may, in bis discretion, direct a fee of $5 — to be in- 
 creased according to tbo diinculty and im])ortanco of tbo case 
 to a sum not exceeding $10 — to be taxed to tbe successful 
 liarty, and tbe same wdion so allowed sball be taxed by tbe 
 
 D.C.A. — 
 
\<: 51 
 
 ! !S 
 
 If 
 
 Costs of 
 
 WiUlt'SSL'S 
 
 ill certain 
 cases. 
 
 Costs ill 
 actions on 
 judguicntp 
 
 Proceed- 
 iii^s 
 
 not to be 
 nuaslieil 
 for want 
 of fovni. 
 
 DIVISIOX COI'IJTS ACT. 
 
 clerk ana n.l.W in Iho ulhor costs. U. S. 0. ISHT, c. rA, 
 
 »»I5 AVhoir llio (Irr.'n.hmt liavm- (lisi-utod tlio plain- 
 tiifsTlaint alWards :nHl hHnn. llu. op.,un, of the CW^ 
 
 •onfcsos iutl.n.ent or ,k.vs the ola.u. so short a tune hcf.).- 
 he ^ittini of Ih. ('O.M1 that the plan.t.ll canno .u th. 
 ordinary Tvav h. notili.d .hc"re..r, and witltont sncli not..,, 
 the plaintilV Innu, fulr and reasonahly ineu.. expons,. u, 
 p,oeurin. witnesses or in a.tendin, at ('.u.rt, the .)nd,e mav. 
 
 In his discretion, order tho defendant to pay ^ueh co^s or 
 „u.h portion tliereof as to the Judge seems jnst. K. S. (.. 
 ISNT, c. 51, s. 209. 
 
 »*!« Xo costs sliall l)e recovorahU^ in an action bronghi 
 in ai^ Conrt lor tlu' recovery of a sun, aNvardclhy jud- 
 inont"in a Division Conrt Nvithont the order of the .)nd,uc 
 of the Court in Nvhi.h tl,c action is l.rouodit, :m suthceni 
 cause shown. H. S. O. 1^^8r, e. 51, s. 210. 
 
 ,,,,,,,,„„X,;S NOT TO UK SKT AS.I..C F<>K MATT.a.S < . ,^ FCKM. 
 
 'JIT. Xo order, verdict, jndoiuent. or other i^roceedin- 
 ],ad or nuide concernin<r any matter or thin^ under tins Act. 
 shall he (inashed or vacated for any matter of l-rm. h. S. < »■ 
 18ST, e. 51, s. 211. 
 
 When 
 money 
 not paid, 
 pnrsuant 
 to order, 
 execution 
 to issue. 
 
 2r.H. 
 
 UDCMl-XT AND i:X KCl TIOX. 
 
 In ca<e the .lud.ize makes an order for the 
 
 pay 
 nK.nt7f moncvrand in case of drfault of pay.nent of tl.' 
 vhole.u'ofanv part tliereof, the party in whose lavour t i- 
 order has hcen made may sue out execution a.-anist tli- 
 o-oods and ..hattels of the party in default: an.l therenpon 
 'i'lie clerl<, at ihe request of the party prosecutm.ii the ord.r. 
 .hall issue under tlH' seal of the Court an execution to on. 
 of the haililVs of the C.nrt. who hy virtue thereol shall levy 
 In- distress and sale of the -oods and chattels of such partv. 
 iH.inoMvithir the countv within which the Court was holdc. 
 .ucirsum of nionev and costs (tooether with int. ■rest thereon 
 r,,„„ ,h, date of th.> .Mitrv of th.' judgment) a< have been s- 
 ordered, and remain d.us and shall pay the same over to th. 
 said cleik. 1{. S. 0. 1S8;, c. 51, s. 212. 
 
JUDG.....N'T AND KXKCl'TIOX. 
 
 83 
 
 issr, c. ."ii. 
 
 ^(1 tho ])lain- 
 of the Couit 
 I tinio hoFoi'i- 
 lunot in till 
 sucli notic" 
 expenses iii 
 e Jiulgo may. 
 such costs or 
 St. M. 8. <>. 
 
 ction hroiight 
 •tied hy jud.'i- 
 of the Ju(l>:f 
 , on siilVieieni 
 
 icr ])rocee(l in Le- 
 nder lliis Act, 
 nvm. K. S. (). 
 
 • V \'n\- the Jiay- 
 layiiient of tip' 
 lose I'avour the 
 in ai:aiii>t tin- 
 and tliereui>on 
 tin.s the ord'T. 
 ceention to one 
 oreof shall h'vy 
 ; of sueli ])aiiy. 
 urt was hohlcn. 
 intrrcst thereon 
 as liave Ijccn so 
 ame over to thr 
 
 Cross 
 ' jiidKineiits 
 
 lllllV ln! 
 Sl't-Ull. 
 
 UltK If there are cross jud,i;iiients lietwecn the pnrtie: 
 the ]tartv only who lias ohtaincd jud.unieiit for the larp-r 
 sum shall have execution, and then only for the halance over 
 the smaller judiiiiient, and satisfaction foi- the remainder, and 
 also satisfaction on the jud,uinent for th' smaller sum shall 
 he entered; and if holh sums are e(iual, satisfaction shall 
 he entered n|i(m hoth judgments. 1{, S, O. 1S8T, c. ol, 
 s. 21o. 
 
 H*2i}. l''\eei)l in actions hrouaht under section S-y ofuritsof 
 
 ' ■ cxcciitKni, 
 
 this Act, no writ in the nature of a writ of execution orwinTctu 
 
 beoxecutca 
 
 attachment shall ho executed ont of the hmits of the county 
 (t\er which tiie Judge of the Court from which the writ 
 issues has jurisdiction. L'. S. O. 1S87, c. 51, s. 21-1. 
 
 Ulil. Tn case a nai'tv against whom a iudu;ment hasifravty 
 
 ' • ' '. . rciiiiovts to 
 
 heeii entered no removes to anotlier countv witlund satisfy- ioiotiicr 
 
 ' ' . • cmintv. 
 
 inu' the judunieid. the ('(Uintv dudi;(> of the countv to which i-x^'i^"''"" 
 
 ' ■ ' • nlitau,M.r.lo 
 
 the iiartv has removed jnav upon tlu^ iii'oduction of a convin «"•• ■ 
 of the judgment duly I'ertilied hy the -ludge of the county 
 in which the judgmeid lias hcen entered, order an execution 
 foi- the deht and costs, awai'dcd hy the judgment, to issue 
 against such party. JJ. S. (), ISST, c. ."il, s. 215. 
 
 3tit2. If the iiartv against whom an execution lias boon i^'f''''tof 
 awarded pavs or tenders to the clerk or haililV of the T)ivi-"^«'cution 
 
 , , ■ ,■ 1 • 1 1 . btfore sale. 
 
 sion ( ourt out ol which the execution issued, before an 
 actual sah' of his goods a:id chattels, the amount to be levied 
 under such ixecution. oi- such ])art thereof as the pan v in 
 whose favour the execution has heen awar(K'd agrees to arce]»t 
 ill full of ills doht. together with the \'vv<. to lie levied, the ex- 
 ec ution shall thereupon he supeixvk'd, and the goods shall Ix- 
 released and restored to such paitv. H. S. O. ISST, c. 51. 
 
 s. 2in. 
 
 *2*2il. The clerk of a Division Ccmrt shall, upon thoCieriiof 
 ap])lication of a jilaintifT or defendant (or his agent), havinai'n whlcir 
 .111 uusatislied ,pidgmont in lus lavour m such (,*ourt, prejiare entemito 
 a, transcript of the entry of the judgment, and shall send t''anscript 
 the same to the clerk of any other Division Court, whether to truusmit 
 in the same or any other county, with a certificate at theotiio7 
 
i(: r; 
 
 
 1 I 
 
 : I 
 
 81 
 
 Division 
 C'oiiit. 
 
 Proecod- 
 iiiKs 
 N til veil 
 ill (iilioc^ 
 
 llOlll 
 WllK^ll 
 
 traiiKciipt 
 of 
 
 JmlfiiiU'iit 
 is isHueil. 
 
 Enfoicinw 
 Divii-ion 
 Court 
 claims. 
 
 DIVISION' COUiriS ACT. 
 
 foot tluMvor sio-iied hy llic clerk who ^^ivcs llic saino, nii.) 
 sciilcd with the sciil of the Com't of wliidi he is clerk, iiml 
 a(l(!rcsse<l to tiie ch'rk of the Court to whom it is intended 
 to he (h'livered, iiiid stiitiii-' the iiinotmt iiniiiiid upon the 
 judo-i.ient and the (kite at which the same was recovered: 
 'aiKrthe ( lei'k to whom tlie certilicate is addressed shall, on 
 ihe receipt of the transcript and certilicate, enter the ti'an- 
 script in a hook to he kept in his ollice for the purpose, and 
 Ihe amount due on the judoiiient aeeordin.i;- to tlu' certili- 
 cate; and all proceed in.ys may ho taken I'or the enl'oi'cin- 
 and coileetin.ii- (d' the jud^ii-meiil in such iiHiilH :: I 
 Court, hy the oHicers thoroor, that could ho had or takon 
 for the like purpose upon judo-ments recovered in any Di- 
 vision Court, i:. s. 0. issr, c. r,i, s. sir. 
 
 CD After a ti'anstript has been issiied under tliis sec- 
 tion, no further proceedinos shall he had in the Court from 
 whicli the lraiiscri])t issued without an order from the dud.LiC 
 unless the creditor, his solicitor or a^M-nt, shall make and lile 
 with the clerk of the said Court an allidavii statino': (1) Thai 
 tlu' judo-ment remains unsatislie<l in whole or in pai1: C-M 
 that the execution i>sued in the division to whicli the tran- 
 script was issued has lieen relurneil iiiilhi homi, oi' that he he- 
 lieves that the defendant h.as not suilicioid o-oods in ihal 
 division |osati>fy the said jud.uinent. and ui)on such allidavii 
 l»eino- tiled, the clerk may issue such otlu-r process as the 
 cnMlilor may direct. r>2 V. c. Vi, s. 21. 
 
 224. Where any Division Court judji'inent or exocu- 
 ti.m has heen or >hall hereafter l)e tiled with any sheriif 
 under the Creditors" Uelief Act, or a certilieale for any claim 
 within the jurisdiction of the Division Court, and the same 
 is not jiaid in full, and the sherilV is unahle to make the 
 nmney thereon, the civditor may ohtain a return thereol 
 from the sherilT accordinji to the facts, and lile the sam^ 
 with the clerk of the Division Court in which the .jud<,nne!d 
 was recovered, or in the place where the cause of action 
 arose, or the debtor, or one of tlic debtors, if more than one, 
 resided, and the clerk of the Division Court shall enter tin; 
 game in his proper books, and it shall thereupon become a 
 
.iriHJ.MKNT AND KXKf ITloN'. 
 
 85 
 
 same, iind 
 clci'k, iiiul 
 ■; intciidcd 
 
 ii|>()ii till' 
 recovered: 
 I shall, on 
 
 llie tran- 
 rpose, and 
 lie certili- 
 
 eiirorein.L:; 
 
 I 
 
 I or ialcon 
 
 II aiiv l)i- 
 
 1- iliis see- 
 'oui't IVom 
 llie (lud.Li'e. 
 ke and lilc 
 ;•: (1) That 
 |.ai'l: C-M 
 1 the 1 rail- 
 that lie he- 
 lls ill that 
 •1i alTidavit 
 •ess as the 
 
 or oxecii- 
 iuiy slierilT 
 f any elaim 
 I the sanif 
 
 make the 
 rn ilierei)!' 
 ' tlie saiiH' 
 ' judfinuMit 
 
 of action 
 e lliaii one, 
 1 enter tin; 
 1 become a 
 
 judgment ol" the said Court for the unpaid halanoo duo 
 thereon ns aiiltearino' hy th<' sherilT's return, and the claim 
 iniiy he enforced in the same manner as any other jud-nieiil 
 of the Division Court, ol V. c. 1 1. s. i. 
 
 225. The elerl- of every Division Court shall, i ''' ''''■'''- ^^i'l.'.'.'Voii-.o 
 ntclv iifter niilhi hmin has been returned to an ^^^''^'iili'''' ;;;,';l;V,',',V,?f 
 is>ued .m a tranxript of jud-nieiit r.reived from »rio[hvv nuiu^i^n. 
 Cmirt. forward Ihrou-h the iiost olVice to the ,.laintilV, if Ins -';;;';;;;;;, 
 address is known, or to the clerk who issued the transcript. ..■|P>;>t^_^ 
 at his ])ost oilice address, a notice, enclosed in an enveloiu". 
 inforniin-.^ him of the date at which the execution \^^\H'i], 
 the date at which the same was returned by the baililT, and 
 the return made I hereto; the notice thus sent shall be pre- 
 jiaid and re-istered, and the clerk shall obtain and (lie 
 iinion,<i- the papers in the action the jtost oilice certificate of 
 the re,i>istration, and the postaj^e and cliar-e for re<iisiration 
 shall be costs in the cause: the absence from amongst the 
 jiapers in the action of the certificate of registration shall 
 b(^ prinni fnrir evidence against the clerk that the notice has 
 not been b)r\varded. 11. S. O. 1SS7, c. 51, s. 218. 
 
 22«. In cat^e of the death of either or lioth of the l>«i"- |S;',!,?/ 
 ties to a judgment in a Division (\)urt, the jiarty in ^vlnise n™; '.'f 
 favonr the judgment has been entered, or his ])ersonal I'^M^''*'" ];',V,?,- ,'",,t. 
 sentative in case of bis death, may revive the judgment 
 against the other jiarty, or his personal representative in 
 case of his death, and may issue execution thereon in con- 
 formity with any rules which a]tply to the Division C(Uirt 
 in that behalf. "l{. S. O. 1887, c. 51, s. 219. 
 
 227. Every execution shall be dated on the day of it^ J;:f,;:;';"'""' 
 issue, and shall be retnrnable within thirty days from t'l^^ ;!,",\';;.',,X/e. 
 date thereof, bnt may from time to time be renewed by the 
 clerk, at the instance of the execntion creditor, for six 
 months from the dale of such renewal, in the same manner 
 and v.itli the same elVect as like writs from the Conrts of 
 Record may be renewed, nnder the iirovir.ions of the l^'xecu- 
 tion Act. W. 8. O. 1887. c. 51, s. 220. 
 
 iiSggs^BaSi^^sk 
 
II 
 
 80 
 
 DIVISION* conci'S ACT. 
 
 1)1' tore 
 day. 
 
 Hcncwaini liU.H. WliciT ilic l»o<»l\>. |in|i('rs iind otlicr inattors in 
 
 iVy county the iiosso,«si<»ii of jiiv clrik, liv viiliU' of or ii|)[»ortaiiiiii,if lu 
 
 i\i cuitiuii iij^ oillcc. Ik'coiiic tlic property of tlic county ei'owii attorney, 
 cases. ' . 1 • I ' ' !■ I 
 
 iiiider section '>'i oL tins Act, or in case ut tin' siispensn)ii 
 
 ol' a clerk, tlic county crown attorney may, diirin-;- such 
 
 suspension, or until the ap|M)iiitiiient and (inaliii'alion <>\' 
 
 another rh'rk, wlicn the sann' shall he presented for that 
 
 purpose, renew any writ of execution is.-iu'd out of such 
 
 Court, which Jiiay lawfully he venewed. and the renewal 
 
 shall have the same force and clTeet as if the same liad heeii 
 
 rencwtMl \)y a clerk of the Coiii't, and he shall he entitled to 
 
 the same fees therefor as a clerk for like services. l{. S. O. 
 
 ]ScSr, c. 51, s. L\:.^l. 
 
 ''•IwVi'i"^"" titJ.^- Ill cMM' the ,ludii-e is satisfied upon apiilicaticni 
 
 fo'i's'uo"" '"1 f'idh made to him hy the party in whose favour a jud^i'- 
 ment has hoen ,i:ive]i. or is satislicij hy other tc-limony thai 
 such i)arty will he in dan.izcr of losing- the amount of the 
 judgment,, if (ompelled t<» wait till the day appointed for 
 the j)ayment thereof hefoiv any c.\e<ution can issue, the 
 .!ud«>e nuiy order an execidion to issue at such time as he 
 thinks lit." i;. S. (). Lssr, c. .■)!, s. ?i2'^. 
 
 Kxcciiti.iiis **IH}, — (1) Tn case an execution aui'ainst i^-oods is re- 
 iiiiuis. lunied inilhi hmni hy a hailitV in the Court in which the jud.i;'- 
 ineid was recovei'cil, and the sum i-ciiiaiiuiiu' nnsalisOed on 
 tlic judi^iiient amounts to the sum of $10. the ])arty in whose 
 favour the jud,<:inent was entere(| may sue out an execution 
 against the liinds <d' the party in default, and the clerk of 
 the Court in which such jud^'meut was ohtaiued shall, at the 
 re(piest of the party prosecuting the jud,uiuent. issu(> under 
 the seal of the Court a writ of execution a,tiainst the lamls 
 of the jiarty in default to the sherilV of the county in which 
 the said return of niilhi bona was made, or to tiie slierilV of 
 any other county in this I'rovince in which lauds of the ]iarty 
 in default are situate and which wi'it may he in the form 
 contained in Schedule 1). .-); \. v. 2:?, s. 8 (1. part, ."), i\). 
 
 (2) The sherilT, on recei])t of sucli execution, shall act 
 upon the same, and it shall have the same force and cilcct 
 
 .i*****" 
 
.nitfiMKNT AND KXIK TTK »N. 
 
 t>7 
 
 at tors ill 
 
 liiiiiii,^ 111 
 
 iitliinicv. 
 
 is|)('ii.si(m 
 
 in^i' siicli 
 
 •iitioii m|' 
 
 I'nr thill 
 
 ol' such 
 
 rriU'ual 
 
 liiid hocii 
 
 llith'd In 
 
 1{. S. (). 
 
 )l)licatioii 
 !• !i jnd^;- 
 lony th;il 
 it of the 
 intcd for 
 ssii(\ the 
 1110 as hi' 
 
 d> is re- 
 the .iud,u- 
 [isO('(l on 
 
 in wliosc 
 I'xccut i(ni 
 
 (dcrk of 
 dl. ill the 
 uv uiiih'r 
 tlic lands 
 
 in which 
 sliorilV of 
 tlic iiarty 
 the form 
 N 'y, 0). 
 
 si 1 all act 
 md ollcct 
 
 fl..ninst tho lands of the party in dcfanlt as an oxocntiou 
 i.rMicd from tlic (oiiniy Cniirt. .h V. c •.';'.. s. .s (1, part). 
 
 (•.]) The sheriir receiving such writ of csiHUtion shall si;-;;;;)';,^ 
 make a rcl.Mii HhmvoI-, aii.l pay any nu.iH'y made theieon, t..[:-->^t" 
 ,1„. ,dcik «d' the Court ..lit of vliich su.li execution i»iicd. 
 
 :,; \. c. ^3, s. s (3). 
 
 (1) I'm, >ncli jud-incnt i> fully paid and satisfied, the 
 pMrtv entitled to tlie'>anie may, snhject to section •-':!!. pur.-ue 
 the same remedy for the recovery thereof, or of any halaiu-e 
 diH. thereon, as if the ;judj:inent had heeii ohtained in the 
 County C(uirt. oT A', e. 23, s. S (2). 
 
 !»»l. After an execution has issued np-ainst lands nnder tuh^^^^^^^^^ 
 the i.rccedin- section, m. further proceedin-s shall he had i>H';^-;;[- 
 the Court from wliich the said execution issue.l, without a.,m.st 
 either an ordi'r of the .ludue, or unless the jud.uinent creditor, i^sm..1. 
 Ids atl..rney or apent, shall nuike and tile with the clerk of 
 the Court i'roni which the said execution issued an ailidavit 
 statinix. (J) that the jiid.ument remains unsatisfied in whole 
 or in part: {2} the amount, if any, which has heen paid upon 
 said jtid-ment; (:!) that execution a-ainst lands has heen re- 
 turned unsatisfied, or that he helieves the judgment dehtor 
 has not siillicient lands in the county in which said execution 
 a.nainst laiuls was issued to satisfy the said judgment. 57 
 Y. c. 23, s. 8 (I). 
 
 *JIVI. On every writ of execution issued from a Division Fees on 
 
 Court apiiust lands, the sherilV shall he entitled to the sanu' a^iuinst 
 fees as upon a writ of execution issued against lands and 
 tenements from a County Cotn-t. ocS Y, c. 11, s. 2. 
 
 ti:$:$. (»n anv execution against goods and chattels, ilicTiicintcr- 
 sheriir or other olhcer to whom the same is directed may iiioit«agor 
 
 , .. . Ill Koods 
 
 seize and sell the interest or cMiuity of redemption in any inoitKago.i 
 
 . . may be 
 
 coods or chattels of the party against whom the writ hassouiiii. 
 issued, and the sale shall convey whatever interest the mort- 
 gagor had in the goods and chattels at the time of the seizure. 
 11 S. 0. 1887, c. 51, s. 227. 
 
 f^ 
 
iMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 ^^ 
 
 M?. 
 
 1.0 
 
 I.I 
 
 1.25 
 
 I^IIM IIIII2.5 
 
 
 I- ^ 
 
 2.2 
 
 2.0 
 
 1.8 
 
 14 II 1.6 
 
 % 
 
 (? 
 
 /f 
 
 ^>. 
 
 
 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 873-4503 
 
BH 
 
 
 /£?. 
 
88 
 
 \V hat may 
 
 be seized 
 
 uiulor 
 
 execution 
 
 auaitist 
 
 fioofls and 
 
 chattels. 
 
 DIVISION COURTS ACT. 
 
 2»4. Every l)ailifl; or omcor liavin<i- an execution a«?ainst 
 tlie goods and cliattels of any person, may by virtue thereof 
 seize and take any of tlie goods and chattels of sueli ])ers.>n, 
 except tliose wliich are hy law exempt from seizure, and may 
 also seize and take any inoiiey or l)ank notes, and any elunincs, 
 hills of cx'.-hange, promissory notes, honds, specialties or 
 securities for money hclonging to sucli person. 11. S. O. 
 1887, c. 51, s. 228, 
 
 2:$5. Till" l)ailin' siiall, for the benefit of the idaintiff, 
 hokl any clunpies, bills of cxehano-o, promissory notes, bonds, 
 specialties, or other secTirities for money so seized or taken 
 as aforesaid, as security for the am<nint directed to be levied 
 by the execution, or so much thereof as has not been othiM-- 
 wise levied or raised, and the plaintiif, when the time of ])a}- 
 ment thereof has arrived, may sue in the name of the de- 
 fendant, cr in the name of any ])er.son in whose name the de- 
 fendant might have sued, for the recovery of the sum (U- 
 sums secured or made payable thereby. 11. S. (). 1S87, c. ol, 
 s. 229. 
 
 ?nSm\ -i5<5- '1^1'^' defendanl in the original cause shall not 
 
 disdmrgo^° discharge such action in any way without the consent of the 
 ''""°"- jdaintitf or of the Judge, k S."o. 1887, c. 51, s. 2;?(). 
 
 Mailitr to 
 hold 
 cheiinea, 
 u )tcs, etc., 
 seized 
 undei' exe- 
 cution tor 
 benetit of 
 plaintiff. 
 
 'riie party 
 
 wishing to 
 
 enforce 
 
 must 
 
 secure 
 
 costs. 
 
 Overplus. 
 
 iliff 
 p.fter 
 seizure of 
 goods to 
 indorse 
 date of 
 seizure 
 andgivo 
 notice of 
 a 
 
 2;jy. 'I'he party who desires to enforce payment of a 
 security seized (U* taken as aforesaid, shall first pay or secure 
 all costs that may attend the proceeding; and the moneys 
 realized, or a sulTicieiit ])art thereof, shall be ])aid over by tiie 
 otTicer receiving the same to a]i))ly on the plaintiif's demand, 
 and the ovei'])lus, if any. shall he forthwith paid to the de- 
 fendant in the original action, under the direction of t he- 
 Judge. R. S. 0. 1887, c. 51, s. 231. 
 
 2J$.H. 'i'he baililT, after seizing goods and chattels by 
 virtue of an execution, shall indorse on the execution, the 
 date of the seizure, and shall immediately, and at least eight 
 days before the time apjiointed for the sale, give ])iiblic 
 notice by advertisement signed by himself, and ])ut up in 
 three of the most ])ublic ])laces in the division where tiio 
 
tlio 
 
 DEATH OF HAILIFF WHILE EXECUTION UNEXECUTED. 89 
 
 goods and chattels liavc l)Con taken at the time and ])laco 
 within the division wlien and wliere they will he exposed to 
 sale, and the notice shall dcscriho the goods and chattels 
 taken, li. S. O. 1887, c. 51, s. 233. 
 
 2»«. Thv goods so taken shall not he sold nniil the j;;',-^;!^^',',',',^ 
 expiration of eight days at least next after the seizure thereof, l^^^^^ 
 uidess upon the reqiiest in writing nnder the hand of t ho -'-■'>'■••»■^■• 
 party whose goods have heen seized. U. S. O. 188T, c. ol, 
 b. 233. 
 
 240. Xo clerk, l)ailill' or other oilicer of a Divisi()n I'amiran.i 
 Court shall, directly or indirectly, purchase any goods or onu.«^^ not 
 chattels at any sale made hy any Division Court hailill uiulergooas^ 
 execution, and every such purchase shall he ahsolutely void. 
 I{. S. O. lS8r, c. 51, s. 23-1. [See also c. 17, s. 35.] 
 
 • 241. Where in any Division Court action a hailiff linr^||,;'-',\\\';'; 
 seized goods under and hy virtue of a writ of execution or |--;,".,„^^^ 
 attacliment, and the action is afterwards settled hetween lhe;;|;;-,;^vhc.u 
 liarties thereto, or the defendant in the action nudces an-ni....m-^^ 
 assignment for the general l)enefit of his creditors, the said""iJ'- 
 hailiff shall, until his fees and dishursements upon the said 
 writ are fully ])aid and satisfied, have a lien therefor upon so 
 much of the said goods ; will reasonahly satisfy the sauu\ 
 hut in the event of a dispute as to the proper am. imt of said 
 fees and disl)ursemonts, the aiuount claimed therefor may ho 
 paid into Court until the proper amount shall 1)e certified 
 hy the Judge, and on such payiuent into Court the said lien 
 shall cease and determine. 52 V. c. 12, s. 2. 
 
 DEATH, ETC., OF UAILTFF WHILE EXECUTION OR ATTAC![- 
 
 MENT UNEXECUTED. 
 
 242. In the event of the death, resignation or removal [;onti'n.,v-^ 
 from office of a l)ailiir of a Division Court, after action taken -;;'ii>;«;^,, 
 hy him under any writ of execution or warrant of attach- of i^aiHir. 
 mcnt as l)ailiif, tlic proceedings nuiy 1)e contiuued hy tlic 
 hailiff, his successor, and in his own name, as fully aiul 
 ctrectually as if such action had been so taken hy himself; 
 
90 
 
 DIVISION COURTS ACT, 
 
 Jiulfiment 
 
 (l(O)t(ltS 
 
 iniiy liu 
 oxiiiuiiiotl 
 at the 
 iii^iaiice 
 (if tlioii- 
 cruditoi>. 
 
 Atliiljivir 
 riMjiiiriMl 
 bi^loro 
 .iudunu'iit 
 
 KUllllllOllS. 
 
 tlic benefit of all sureties given to the baililT in his oflicial 
 capacity shall inure to his successor in ollico. GO Y. c. 11, 
 s. 16. 
 
 liXA.MIXATlOX OF JUDGMENT DEUTORS. 
 
 24J$. — (]) A part)^ liavin<i' an unsatisfied judgment or 
 order in a Division Cinirt, i'or the jiayment of an} debt, dam- 
 ages or costs, may procure from the Court wherein the judg- 
 ment has been ol)tained, if the defendant resides or carries 
 on his business withiu the coiiiily in which the division is 
 situate, or from any Division Court into which the judg- 
 ment has been removed under section 22'o of this Act and 
 within the limits of whicli Division Court the delendant 
 resides or carries on his business, a sumiiu)ns in the form 
 ])rescribed l)y the genei'al rules or orders from time to time 
 in force relating to Division Courts, and the summoiis shall 
 be served iiersonally u|)on tlie jx'rson to whom tlie same is 
 directed, re(iiiii'ing him to appear at a time and ])lace therein 
 expressed, to answer such things as ai-e tlu'i'ciu named, and if 
 the defendaid appeai-s in jiursuance thereof, he may be e.v- 
 amined upon oath loiiching his estate and clVects. and the 
 manner and circumstances \inder which he coniraeted the 
 debt or incurred the damages or liability, which formed the 
 subject of tlie action and as to the means and expectation he 
 then had, and as to the ])roperty and means he still has of 
 discharging the debt, (himages or liability, and as to the dis- 
 ])osal he has made of any ])roperty: Provided, nevertheless, 
 that before the summons shall issue, the plaiutitV, his sidici- 
 tor or agent, shall make ami file with the clerk of the Court 
 from which the summons may issue an atlidavit stating: 
 
 (a) That the judgment remains unsatisfied in the whole 
 or in })art; 
 
 (h) That the deponent l»elieve> that the defendant 
 sought to be examined is able to pay the anu)init due in re- 
 spect of the judgment or some ])art thereof; or, 
 
 (c) That the defendant sought to be examined has ren- 
 dered himself liable to 1)e committ"d to gaol under this Act. 
 ]{. S. 0. 1SS7, e. 51, s. 235; 57 V. c. 23, s. 15. 
 
 'm 
 
 LA. 
 
KXAMIXATION OF .H'DOMENT DEHToltS. 
 
 91 
 
 jud^r- 
 
 (3) Tlie ])(M-8()n ()l)tainin«,^ tlio summons and all witnesses {;,^;;';jj"'^- 
 Avliom\hc Jiidfio thinks re(inisitc, may be examined upon witnesses, 
 oath, tonchino' the inquiries authorized to he made as afore- 
 said.' 11. S. 0. 1887, c. 51, s. 23G. 
 
 a44. Tlie examiiuiti..n shall ho held in the '^^^•^^■^''•^;';,'^';i^;'[,'^'»- 
 clmmher unless the Judge otherwise directs. II. S. 0. 18S:,i.om ,^ 
 c. 51, s. 237. '"'^"""'•• 
 
 215. Tlie costs of the summons and of all proceedings costs, 
 thereon shall ho deemed costs in the cause, unless the Judge 
 otherwise directs. U. S. 0. 1887, c. 51, s. 238. 
 
 2-l«. \n case a party has, after his examination, been Party. ^^^ 
 discharged hy the Judge, no further summons shall issue |nui^_^^_^^^^ 
 out of the same Division Court at the suit of the same or any -'^'t.to''" 
 other creditor, without an allidavit satisfying the Judge uponsuunn.-.uMi 
 facts not before the (,'ourt ui)on the examination, that the ,,.^^^,^^j.^^_,_ 
 ].arty had not then nuule a full di,<closure of his estate, c':- 
 fects aiul debts, or an allidavit satisfying tlie Judge that 
 since the examination the party has acquired the means of 
 jiaying. 11. S. 0. 1887, c. 51, s. 239. 
 
 2-17. If the party so summoned — 
 
 1. Does not attend as required hy the summons, or allege wiien^^^^^ 
 a suirieient reason for not attending; or nilTL 
 
 [Sub-sections 2 and W are repealed and the following to'l^'lo^'' 
 substituted] : 
 
 2. If he attends and refuses to be sworn or to make an- J,'ev. stiu.^^ 
 swer to such ([uestions as may be put to him, and which in^i-j'l^.j^i'ed. 
 the opinion of the .ludge are proper questions. 
 
 [Sub-section 5 is repealed and the following substi- 
 tuted]: 
 
 5. If it appears that the judgment debtor had, when or c^^'"i"ittai 
 since judgment was obtained against him, snnicient means .iu.ij^^jeiu 
 and ability to i)ay the debt or damages or costs recovered for fmud. 
 against liim, either altogether or by the instalments which 
 the Court in which the judgment was obtained has ordered 
 
5 
 
 m 
 
 In wliat 
 cases only 
 tlio imriy 
 BimiiiioiicHl 
 iiiiiy Ijc 
 cmnniittod 
 
 tl)|- llOU-llt- 
 
 teiidaiice; 
 costs 
 allowed 
 liini ill cer- 
 tain cases. 
 
 Warrant 
 
 of commit- 
 nicnt in 
 case of 
 refusal. 
 
 DIVISION COURTS ACT. 
 
 without depriving himself or liis family of the means of 
 living, and that he has wilfully refused or neglected to pay 
 tlie same as ordered, the .hidge may, if he thinks lit, oilier 
 sueh ])arty to he eommitted to the coiiimon gaol of the (/oiiiity 
 in which tlie jiarty so summoned resides or carries on hiisi- 
 ness, for any period not exceeding forty days, 
 
 ['J'he ameiidiiients made last session are here intro- 
 duced.] 
 
 (The amending Act is given in full at the end of this 
 Act. Opinions did'er as to the elfect of th(> amendment of 
 su])"Section ."). To the writer it a]>pears that whih' the language 
 is varied, the same discretionary power rests in the Judge 
 as heretofore. 
 
 ]t is also |)i'o\idcd hy sectioii.< ,s and <) of the anuMiding 
 Act, that sections .') and I shall not apply to claims, suits < r 
 lirocecdings upon dehts conti'adcil hi'forc the passing thereof. 
 
 And that no suit or action shall he hroiight in the Divi- 
 sion Court upon any juilgnient, decree or order for the pav- 
 ment of money made l)y the High Court or the Countj 
 Court where execution may issue \\\Hn\ or in respect of suck 
 Judgment, dccre« ,1- order. ]'i(le Act at end of this Act.] 
 
 2S.S. A party failing to attend according to the re- 
 quirements of such summons, shall not l)e liahle to he coui- 
 mitted to gaol for the default, unless the Judge is satislied 
 that such non-attendance is wilful, or that th(> ])arty has 
 failed to attend after heing so summonecl: and if at the hear- 
 ing it ai)i)ears to the Judge, upon tlie examination of tlu? 
 ])arty or ot)ierwise, that he ought not to have heeii so sum- 
 moned, or if at the hearing the judgment creditor does not 
 appear, the Judge shall award the party summoned a sum of 
 money hy way of coniiiensation foi' his trouhle and attend- 
 ance, to he recovered against the judgmeiii creditor in the 
 same manner as any other judgment of the Court. TJ. S. O. 
 3887, c. 51, s. 2-11. 
 
 941>. "Where an order of commitment as aforesaid has 
 ])een made, tlie clerk of the Court shall issue under the seal 
 of the Court a warrant of comir.itmcnt directed to the hailiff 
 
iiitro- 
 
 wavraiits. 
 
 EXAMINATION OF .IflHiMKNT DKIVfOliS. 03 
 
 of any Division Court within the county, and tho hailifT may 
 l)y virlnc of tl)e warrant take tlic ]R'rson aj^ainst wlioni tlio 
 order lias bwn made. IJ. S. O. 1S87, e. 51, s. 3^^. 
 
 250. All c()nfcital)los and otlicr peace ollicers witiiin j'-'jista'-'t-S' 
 their res])ective jurisdictions sliall aid in the execution 
 every sucli warrant, and the gaoler or keeper of the gaol oL' 
 tho county in whicli tlie warrant lias heen issued, shall re- 
 ceive and kcej) tlu' defendant therein until discharged under 
 the provisions of this Act or otherwise hy due course of law. 
 K. S. 0. 1887, c. 51, s. 243. 
 
 251. Any jjcrson imprisoned under tliis Act, who has j^^J|'^'»^. j^^ 
 satisfied tho delit or demand, or any instalment thereof ])ay^ ^^j;«y,",'y 
 ahlo, and the costs remaining duo at the time of the order 'li^ciiai^oa. 
 of im])risonnKMit heing made, together with the costs of 
 ohtaining the order, and all suhseqnent costs, shall, upon 
 the certificate of such satisfaction, signed by tho clerk of the 
 Court, or hy leave of the Judge of tho Court in which the 
 order of im])risonniont was made, ho discharged out of cus- 
 tody. E. S. 0. 1887,. c. 51, s. 2U. 
 
 352. Tho dudgo hoforo wliom the summons is hoard ;';;'^?*;,;"">' 
 may, if ho thinks lit, rescind or alter any order for ' payment °y;^'j.'yi\"'J 
 previously made against a defendant so summoned hoforo ',\\'e J,iiue/^^ 
 him, and may make any further or other order, either for 
 the payment of tho whole of tho doht or damages rocovor,Ml 
 and costs forthwith, or 1)y instalments, or in any other man- 
 ner that lie thinks roasonahlo and just. li. 8. 0. 1887, c. 51, 
 s. 245. 
 
 25!t. In case tho dofondant in an action hrouu'ht in n ^vllcll 
 
 cleft'iidant 
 
 Division Court has been personally served with tho sum- nmy Ve 
 
 ' • , fxaimnoil 
 
 nions to apiioar, ;)r personallv ai)poars at tho trial, and jndiX- at iieininR 
 
 ' ' ' .11 ■ ' as to bis 
 
 ment is given against him, tho Judge, at tho hearing of tho meaus, etc. 
 cause or at an adjournment thereof, may examine ihe defen- 
 dant and the ])laintifT and any other person touching tho 
 several things horcinhoforc mentioned, and may commit tho 
 dofondant to ])rison, and make an order in like manner as 
 
ul 
 
 (j^ DIVISION CorUTS ACT. 
 
 ho iiii<rlit linvo (lone in ciisc the plaintill' had ohlaiiicd a siim- 
 nioiis for that piiqiosc after judgiiK'nt. 1.'. S. (). iss;, c. :,i, 
 s. 24G. 
 
 Dci'tnot *>.54. No iinnrisdUiiR'nl iiiidcr tliis Act shall cx- 
 
 t-iiisii.Mi by tinoui<]i till' doht or oilier caiisc ol action on wliicii a jndu- 
 iiieiit. iiK'tit has licfii ohlaiiifil, oi' [H'otcct the (U'lt'iidant Ironi hciiii;- 
 siiiiiiiioiu'd anew and iiiiprisoiu'd for any lU'W fraud or ollii'r 
 dcfaull rcndcriiij;- him liahlr to l)c imprisoned iiiidcr (liis 
 Aft, or deprive the ]»laintilV of any right to take (Uit execu- 
 tion aiiiiinst the defendant. K. S. O. 18ST. e. '>\, s. )i\7. 
 
 Similar 
 exainiim 
 tioii of 
 
 "2*01. in east's in wliieli judgment shall he rei'overcd 
 a uainst a garnishee uiidi'r sei'tions r.)() or 1!>;5 of this Act, siieli 
 pirnisii,.,.. ,,:,,,,„j^i,,,,. ^i,;,ii l,^. Ij;,],],. to lie ivxaniiiied as a judgment debtor 
 undir sections -i t;? anil •.'") 1 inclusive of this Act. ')T \'. 
 c. 23, s. 18. 
 
 Annual 250. I'' Very Division Court clerk shall make a return 
 
 cmnluif to tlie inspector of Division Courts on or hofore the loth day 
 jmi^numt of January in every year, showing the mimher of judgment 
 ''"'''°"' dehtors who, during the twelve months ending tlic Hist day 
 of December previously, were ordered to he conimitfed un- 
 der each of the live heads mentioned in section ^IT of this 
 Act. o5 V. e. 11, s. 1. 
 
 Al!SCO.\'l)I-\'(x DEUTOKS. 
 
 Absconding 257. Tn case a person, being iiidehted in a sum not 
 
 debtors. e^(-.^.p(ii„g jjiioo^ nor less than $1, for any debt or damages 
 arising upon a contract, express or implied, or upon a judg- 
 ment — 
 
 1. Ahsconds from this rrovince, leaving iiersonal pro- 
 perty liable to seizure under execution for debt in any county 
 in Ontario; 
 
 2. Attempts to remove such personal property, either 
 out of Ontario or from one county to another t'.;erein; 
 
 3. Txeops concealed in any connty to avoid service of 
 process, and in case any creditor of such person, his servant 
 
 i 
 
ABSCONDINd DKHToltS. 05 
 
 or a^^cMit iiiiikcs and |)r(i(liK'0,s iiu MlTidavii or aHlrinatioii to 
 the ])iir|Htrt of I lie I'nnw prescrihcMl by tlic general nilcs or ^ 
 
 orders from time lo time in force relating to Division Courts, 
 iiiid ill case the allidavit or allirniation l)e tiled with the clerk 
 of any Division Court in Ontario, then the ek-rk, upon the 
 i)])i)lication of tlie creditcn-, liis servant or agent, shall issue 
 II warrant under the lumd and seal of the ch'rk, in the form 
 ])rescrih(>d 1)y sueh general rules and orders, directed to the 
 iiaiiilV of the Division Conrt witiiin whoso division the same 
 is issued, or to a constahU' of tiie county, eoninianding the 
 haililV or constalde to attach, seize, take and safely keep all 
 tlie jiersoiial estate and efVecls of tlie ahsconding, removing 
 or concealed ])ers(m within the county, lia])le to seizure un(U'r 
 execution for debt, or ii sullicient ])ortion tliercof to secure 
 the sum mentioned in the warrant, with the costs of the ac- 
 tion, ami to return tlie warrant forthwith to the Court out 
 of which the same issued. 1». S. (). ISST, e. 51, s. 249. 
 
 I As to certain claims between $t and $-200, sec s. 72 (3).] 
 
 25H. Aiiv Count V .Iiukc, or a justice of the iieace forwhon 
 
 •' . c . ,1 1 Jiistico of 
 
 the countv. uiav take the allidavit in the last preceding sec- ti.o Pc.uo 
 tion mentioned, and upon the same being tded with tiie -ludgcattach- 
 
 ' ^ -' luoiits, etc. 
 
 or justice, the Judge or justice may issue a warrant under 
 his hand and seal in the form ])rcscril)ed as aforesaid, and the 
 Judge or justice shall forthwith transmit the afhdavit to 
 the clerk of the Division Court within whose division the 
 same was made or taken, to be l)y him tiled and kei)t among 
 tlie jiapers in the cause. 11. S. 0. 1887, c. 51, s. 250. 
 
 Sf'iO. I'lion receipt of the warrant l)y the hailifE or con- 
 stable, and upon heing paid his lawful fees, including the 
 fees of ai)praisemont, the hail iff or constahle shall forthwith 
 execute the warrant, and make a true inventory of all the 
 estate and effects which he seizes and takes by virtue thereof, 
 and shall within twenty-four hours after seizure call 
 to his aid two freeholders, who heing first sworn hy him to 
 appraise the personal estate and effects so seized, shall then 
 appraise the same and forthwith return the inventory at- 
 tached to the ai)praisement to the clerk of tiie Court in which 
 the warrant is made returnable. K. S. 0. 1887, c. 51, s. 251. 
 
 Uiiililf ov 
 constable 
 to seize 
 and uiake 
 inventory. 
 
 rt*l 
 
 
' 
 
 ! 
 
 i 
 
 m 
 
 J8«0.]ii iiiiy ciisf ((.iiiMicnccd hv atfiiclimonf :.. i^- • 
 
 " '' r^';"' '"■ i'nw,m (',.,„t „f ,i„. ,iivM, ; 
 
 61, s. 233. "• "• '"'^'j '■• 
 
 -«•• "I";'" l'n.c.r,iiM^.. Imu,. I,..,,, ,.o,„„K.„,,,I i„ ,,„ 
 
 I'rojeod- 
 iiit;H may 
 
 111' COM- " 
 
 tiniiiMl ill 
 i'oiiii out 
 of whifh 
 nttiicli- 
 Mi'iit iH- 
 HUud. 
 
 I'ri >('('(»]- 
 iH-;s com- 
 im'ii,'0(l 
 
 liCldIC (||. 
 
 tacliiiiciit 
 
 I'l'opprty 
 
 llttMcllCl'l 
 
 liiay 1x1 
 nolil under 
 
 I'XtCllllDII. 
 
 llDl til 
 
 divide 
 eaiisi) of 
 at'tioi). 
 
 Ifscneral 
 att:icli- 
 ineiits 
 issuod. 
 
 Kiv. Stat, 
 f. 70. 
 
 "•"■';''•;'■'"• ■■""' '- 1 " -1.1. H„. ,„.,„. Is ,i„. ., I , , 
 
 5i;'t' «',""' "'"'■'' '■ ""• ■'■"''^' "'• '••■ ^- ". is,s", c! 
 
 ,.,,,.,.,.,...,„,,,,,,,,,, „^,,., ;^>H 
 
 <.\(t.N-. dll.l ,||M)|| proVIIln- I, is ,.,|s,. ,„;,.. ,v,-„\-,.,. 
 
 ■ "" " ; "■" '■-'■'li".. -t .,,,1 ,i„. j,„ ' . „ • 
 
 ::,::;';;■;:;•-'-' ■"'■"" 'ii-i..-..v ..r„ii ;;,.;: : 
 
 ^-•; '.;;:::;;;:'::,;::::::::;;,:;;! '';:r-^ 
 
 3«4. In ,.,,s,. sever,,! .■,(ldcl,„„.nts iss,,,. .,.,■.,;„.* „ 
 ol tl,.. Act .-..siK,,.!!,,,, .\l,s,-.,mii,i..- h„l,„„.. , „ ;. 
 

 1 
 
 1 
 
 "t ill ji Divi- 
 
 
 <'> jii<l;,'iiifiii 
 
 
 '^ioii wiihii, 
 
 
 0. issr, ,, 
 
 
 nc('<l in iin_\ 
 
 
 '(■(lill-S llliiv 
 
 
 Ih! Division 
 
 
 iieiieeU. l{. 
 
 
 '»r iiitiifii- 
 
 
 L' C'\('Cllti())| 
 
 
 opcrtv was 
 
 
 of sliiill he 
 
 
 ). INS?, C-. 
 
 ; 
 
 K'tioii iiitd 
 
 
 'Ik' s;iiiic 
 
 
 •lis, 1)111 a 
 
 
 <■ <>i' .$100 
 
 t\ 
 
 III i;^! it I)u 
 
 -'•^ 
 
 .$100 iiiav 
 
 I 
 
 ly recover 
 
 i 
 
 'llf of 111,. * 
 
 
 <le||iaii(|> 
 
 s 
 
 of jlld;^- 
 
 
 iss:, ,.. 
 
 
 iiist aiiv 
 
 
 «'ction ; 
 
 
 'ceeds of .' 
 
 
 <'!• (o ill,. 
 
 
 l»iit shall ' 
 
 
 iiin-r out 
 
 
 'l>loi\ ill 
 
 
 I^iiieiiis: 
 
 
 AHsc()M)iN({ iii:in«)us. 
 
 m 
 
 the opinion of the .Iii(l;,'e, has heeii alh)\ve(l to the several 
 crt'tlitors to prococJ to jii(l;^iiient \\. S. O. 1S87, c. ol, s. -.'uO. 
 
 time, ill 
 
 *2i\7i. Where the ^'oods and ehattels are insulTieiont toif«nn'i« 
 satisfy tlie clainis of ai! the attaeliing creditoi-s, no sueh to sinisfV' 
 creditor shall he allowed to share unless he sued out his at- lUi a'ttftoii- 
 tachnient, and within one ii:onth next after the issue of thetor«"""' 
 first attachment, jiave notice thereof to the clerk of tlio 
 Court out of which the first attachment issued, or in which it 
 was made returnahle. 1{. S. 0. 1887, c. 51, s, 2.57. 
 
 300. — (1) All the projKM'ty seized under the provi- <'uNtiMiy 
 sions of the precedin<r nine sections, shall he and remain in m'^i'i' ** 
 the custody and jiossession of the haililf to whom the war- tucimit'ii't. 
 rant of attachment is issued, and he shall take and keep the 
 same until disposed of hy law, and he shall be allowed all 
 necessary disbursements and expenses for keeping the same. 
 
 (2) Where the property is seized under the provisions of 
 the ])receding sections by a county constal)le, it shall be I'oi ili- 
 with handed over to the custody and possession of the baililf 
 of the Court out of which the warrant of attachment issned, 
 or into which it was made returnable; and such bailiff shall 
 take the same into his charge and keeping, and shall be al- 
 lowed all necessary disbursements for keeping the same. 
 I?. S. 0. 1887, c. 51, s. 258. 
 
 SOT. In case a person against whose estate or effects On \siiat 
 such attachment has issued, or any person on his behalf, atfio<>«i'« 
 any time ])rior to the recovery of judgment in the caiise, ui»y'i'o'' 
 executes and tenders to the creditor who sned out the attach- '''"*'*''■'''''• 
 ment, and files in the Court to which the attachment has 
 been retnrned, a bond with good and sufficient sureties, to 
 be approved of by the Jndge or clerk, binding the obligors, 
 jointly and severally, in double the amount claimed, with 
 condition that the debtor (naming him) will, in the event of 
 the claim being ])roved and judgment recovered thereon, as 
 in other cases where proceedings have been commenced 
 against the person, pay the same, or the value of the pro- 
 perty so taken and seized, to the claimant or claimants, or 
 ]>roduce the i)roperty whenever thercnnto required to satisfy 
 
 D . C . A . -7 
 
I^O 
 
 Oft 
 
 I •, I 
 
 i' 
 
 irtiii' 
 
 delitoi' 
 ilni'K I 
 
 DIVISION ( nlliTs A( T. 
 
 the jiid^Miiciil. llii- clcik iiuiv Mi|.rr>,'i|(' the iittiicliiii.'iii. aiKl 
 llic |>rti|i('rt V iiltiic'lu'd >liiill liicii In' riv-inrcd. If. S. (). ISNT, c. 
 
 titlH. If wiiliiii one iiiMiiili iVdiii ilic x'iziin. ;i> a|',,iv<;ii.1, 
 tlic piii'ly ji.iiiiiiist w lioiii IIk' ;iI hicliiiiciii i>siii'(|, or sonic duc (.11 
 liis licliiilf. (Iocs not ji|)|ir;ir Jind .L:i\c >ncii I; nid. cMMiiiion 
 iMiiv i»;i(' ;is >oon ii«; jiidnnicnl Ims liccii (d)liii:i('d iijion iIk- 
 (liiiin or chiinis. iind the ]»r "crty seized n| .mi ilie iithieii- 
 iiieiit. or enoiiiih lliereol' lo >,\\\>\'y tli(> jiido-nieni iiiid cosjs, 
 iiiiiv lie sold for ilie siilisfjicl ion lliereol'. iiccordinu' to Imv, 
 <"' il' lilt' |irojierl_V li;is iieeii |i|v\ ioiisly s(dd 11s |ieri>li;ilile im- 
 del' the |iro\ i<io|ls liei'eiiiiirier iMilde. elioiiL^li of the |irocee(|s 
 tliereol' iiiiiv he iipplied to sjilify the jiid,L:iiieiil aiid cnsls. 
 
 If. s. (). i.ssr, c. :,i. s. -jCd, 
 
 Ifsi.ir. 
 111)111 I 
 
 ii<»5>. W heiv liie |.ro|ie|'iy oriinv |ierso|l hils heeii >ei/r(l 
 l.urn,,ft]y. ,,,„],,|. ,| wiirnilit of ;i!t;l(linient ;i^ illoreslid. ;ind ;i viiiuniolis 
 hils lieeli |ierso|iall>- served on slleh |iersoiin hefore sei/nre. 
 ''"■" 'Ik' dial (d' tlic (jiuso sliidl he |iroe(\'(ied with ;h if no 
 siicli warrant (if ;itt;ichnienl lind heen issued, and alter jikIl;'- 
 iiifiit exeeiiiion ^iiall lorlhwitli isMie unless otherwise or- 
 dered i.y the .iiidyo. If. s. (). is.s;, c. :>], s. yui. 
 
 Irocci' ; 
 iii^s 
 
 ll^illll^t 
 <l('l)t(llS 
 
 When 
 
 a70. Siihjeei lo the ]ir()visioiis eontMJned in soetioiis .") 
 and r of the Ad respect iii,o' Ahscondiii^- JK'l.tors. in order to 
 iVon-snnt P''"f'f'*'*^ 111 (lie ivcoverv ofany deht due hy ilie iierson a^'ainst 
 sS" '■ ^\'i"'^'' property an atiaclinient issues, where })roccss lias not 
 heen i-reviou^jy served, the same inay l.e served either ju'r- 
 ^{o_v,. s.ni. ^„j,.i]]y f„. ),^^. i,,.|vj;,ir a copy at the la>t place of alxxle. lra(h' 
 or dealin.n: <>[' the defendant, with any person lliere dwollini:. 
 or liy Icavin-- the same at such place if no person Le lliorc 
 found; and in every ease all >iihse(|nent proccedinirs .«liall 1)0 
 eondneled accordiiin- i,, the n.^ial course of practice in Divi- 
 Hon Courts: and if it appears to the saiisfaciion of the Jud<'-o 
 on the trial, upon allidavit. or (.ther sullicient proof, that flio 
 ere(liior who >.[\ri\ out an attachment liad not reasonaldo or 
 ]irol)al)]e cause for takinii- Ihe ]»roccedinp:s, the Jud.tro shall 
 order that no costs bo allowed to the creditor or plaintilT, and 
 no costs in such ease shall be reeovered in the cause. I^ S, 
 0. lS8r, c. 51, s. 262. 
 
AnSCON'IMNi; DI.I'.TOUS. 
 
 0!) 
 
 271. Siihjccl to llu' provisions fonlaincd in sections 5li;;';',';',''il;,w 
 n„,l ; ,,f tlic Act respecting Alisconding Dol.tors, in case •""«"'"«'»"'■ 
 horses, Cuttle, slice]) or oilier perisluO.le {••<>^(l> Imve hoen h.'v. s at. 
 li.k,.r, upon i-n iutnclinient, the hiiilill" of tlie ("onrt who has 
 ihe ciisto.ly or keepi.,-; tiuTCol' (the siuiie hiivin.i-- heen first 
 ,ippniisc.1,"in the manner in seetion ^*:.!> of this Act meii- 
 iioncl). n.av at the re(p.cst of the j.laintitt Avho sued ont tlio 
 .varrant of "attachment, expose anil sell the same at puhVc 
 luetion. to the hi-hest 1)'- '"r, -ivin-' at least ei-ht ('ays' 
 11 Mice at the ollice of Ihe hiiiliiT of the gnld Court, and at two 
 ,,tii..r public places witiiin his division,, of the time and place 
 oi tl.e sale, if the articles seized will admit of being so long 
 Iscitt, otherwise he may sell tlie same at bis discretion. ]{. S. 
 O. ISST, c. 51, s. 3G3. 
 
 ti72. 1 1 shall not be compulsory upon the baililT or con- ^^^^^l^^^^ 
 stable to seize, or upon the bailill' to sell such perishable goods, j- mIvo^ 
 until the jtarty who sued out the warrant oi' attachment has ;i'<i''.ni.if.v 
 dvcn a bond to the defendant therein, ^vlth good and suni-»^''"i'i"t- 
 cient sureties in double liie amount of the appraised value oL 
 the goods, conditioned that the party directing the seizure 
 and sale uill repay the value therenr. together with all costs 
 iind daiium-es incurred in conseiiucnt'r of the seizure and sale 
 ill (as' judgment he not olitained fi»r the party who siied 
 out such attachment, and the bond shall lie liled with the 
 jiapers in the cause. 1'. S. O. l>isr, c. 51, s. '>'G]. 
 
 a7». The moneys so made shall be by the haililt paid ,\;;f;'i'f''- 
 ovrr to the clerk, and the residue, if any, after satisfying such {,7s"h'.' ** 
 judgments, with the costs thereupon, shall be delivered to 
 the defendant or his agent, or to any i»ei'son in whose cus- 
 tody the goods were found; and the responsibility of the 
 clerk in respect of such property shall cease. E. S. 0. 188T, 
 c. 51, s. 2G5. 
 
 274. A hond given in the course of any procecdinti' ""'iti"'"'V 
 
 "^ • ^ ' lif sued 111 
 
 iindi'r this Act mav he sued in any Division Court of llio niu oivis- 
 
 , ' * uiii C( lire. 
 
 county whertm the same M'as executed, and proceedings mav•'l".'^^^^ »"iy 
 
 * . J. o .' (U'luer up 
 
 ije thereupon carried on to judgment and execution in such'jouii. 
 
100 
 
 DIVISION CorUTS ACT. 
 
 Cdiirt, iiof\vitlistiiii(lin,ir ilio juMiiilfy coiijiiiiicd in ihc Iioiid 
 may excec'cl the sum ol' $l()(i. 1{. S. (). ISS^, t-. ,51, .s. "-^(iii. 
 
 liT«>. l-lw'vy such Ixuul sliall ho dolivcivd uj) to (he 
 ])iirty ciititk'd to the same, l)y the order and at the discretion 
 of the Jud_<>e of tlie Court, to I)e enforced or cancelled, as 
 the case may ]'e(|uire. ii. S. 0. 1887, c.T)!, s. 267. 
 
 t 
 
 
 1 
 
 Interpre- 
 tatiou of 
 " Laiid- 
 lord." 
 
 " Agent.' 
 
 Claims of 
 landlords, 
 etc.. to 
 fcOods 
 seized in 
 e.xeciitiiin, 
 how to be 
 adjusted. 
 
 Kp-. Stat. 
 C. CO. 
 
 VVlien 
 
 actions 
 
 respectin;,' 
 
 the subject 
 
 matter 
 
 may be 
 
 stayed. 
 
 CLAIMS OF LAXDI.ORDS AND OTHKR.S I\ RESPECT OF GOODS 
 
 SEIZED. 
 
 270.— (1) In the ne.xt si.\ sections the word "land- 
 lord' shall include the ])erson entitled to the immediate 
 reversion of the land, or, if the ])ro])erty he held in joint ten- 
 ancy, coparcenary or tenancy in common, shall include any 
 one of tiie persons entitled to the reversion; and 
 
 C^) The word ••anient" shall mean any person usually 
 employed hy the landlord in the letting of lands or in the 
 collection of hv rents thereof, or es|)ecially authorized \o 
 act in any particular matter by writing under the liand . i 
 the landlord. H. S. (). 1881, c. ol, s. ti()8. 
 
 277. — (I) in case a claim l)e made to or in re.<jH'ct 
 of any goods or chattels, property or security, taken in e.xecu- 
 lion or attaclied under the process of ti Division C"o\irt, or 
 in respect of the ])rocccds or value thereof, hy a landlord for 
 rent, or hy a person not being the party against whom the 
 j)rocess issued, then, subject to the provisions of the Ad 
 lesjjecting Absconding Debtors, the clerk of the Court, ujion 
 ajiplication of the officer charged with the execution of the 
 l»rocess, may, whether before or after the action has ])een 
 l)i'ought against such olRcer, issue a summons calling before 
 the Court out of which the ])roccss issued, or liefore the 
 Court holden for the division in which the seizure under 
 the ])rocess was made, as well the party who issued the ]n-o- 
 cess as the ])arty making the claim, and thereupon any action 
 which has been brought in the High Court or in a local or 
 inferior Court in respect of the claim, shall be stayed. 
 
 "*Ci 
 
I Ml 
 
 II.] 
 
 CLAIMS IN KKSPECT OF GOODS SEIZED. 101 
 
 (2) The Court in wliicli llio action has hot'ii hrouulit, orcoFts. 
 ii Jn(l<ie thereof, on ))rooi' of the issue of the summons, and 
 tliat tlie goods and eliattels or jjroperty or secui'ity were so 
 taken in execution or u}ioii attaclnnent, may onU'r the ])ariy 
 hringing the action to pay the costs of all i)roeee<lii"xs had 
 u|)on the action after the issue of the sunimous ou. ■*: the 
 Division Court. 
 
 (:5) Tlic County Judge having jurisdiction in such l^ivi-^,'^;{!;X 
 sion Court shall adjudicate ui)on tlie claim, and make ^^uch a|i^'[J,';«j;^,;« 
 order lietween tlie ])arties in respect thereof, and of tiie costs 
 of \hv proceedings, as to him seems (if. and shall also adjudi- 
 cate between the })arties, or either of them, and the ollicer or 
 haili;r in respect of any damage or claim of or to damages 
 arising or capaltle of arising out of the exeontion of the pro- 
 cess hy the otlicer or haililf, and nuike such order in respect 
 thereof, and of the costs of any pi'oceedings as to the Judge 
 shall seem tit; and [he order shall l)e enforced in like man- 
 ner as an order made in an action brought in the Division 
 Court, and shall be final and conclusive between the ]iarties 
 and as between them and the oiVicer or bailitV, exce])t that 
 ujion the aiiidication of either the attaching or execution 
 creditor or the claimant., or the otlicer or bailitV, witliin four- 
 teen days after the trial, the Judge may grant a new trial 
 iipiin good grounds shown, as in other cases under this Act, 
 uiion such terms as he thinks reasonable, and nuiy in the 
 meantime stay })roceedings. 
 
 (I) In case the bailitV has more than one execution or 
 attachment at the suit or instance of ditferent ])ersons against 
 ih.e same property claimed as aforesaid, it shall not be neces- 
 sary for the haililV to make a separate a})[)lication on each 
 execution or attachment: but he may use the names of such 
 execution or attaching civditors collectively in such applica- 
 tion, and the summons may issue in the name of the credi- 
 ti»rs as plaintill's. 
 
 (■")) Under the provisions of snb-section 3 the Judge powor to 
 shall have ])ower to adjudicate upon and award damages, aaiuages. 
 even though the amount of damages claimed, found or 
 
 ¥i\ 
 
 
102 
 
 I ■ :i 
 
 Provisions 
 ill reliUidii 
 to routs 
 (itio to 
 liuidlordf!. 
 
 H Anno, 
 c. 11. 
 
 uivisiox counrs act. 
 
 awanlod slioiild 1)0 l)eyo]id the Juri^^dielioll oi' a Divisiuii 
 t.'oui-t. 
 
 (()) In respect of any damages daimed, or of any Judg- 
 ment, order or finding under the provisions oi' sul)-seetion;3 
 3 and 5 the parties and tlie l)ailiil' ai)p]ying, sliall iiavo the 
 same riglits of defenee and counter-chiini, iiieluding in nil 
 cases the rigid and ]ial)ility to costs, as woidd exisi had an 
 action, within the Jurisdiction of the ])ivisi(Mi ('(Uirt. hceii 
 brought to reco\er tlie said damages. J{. 8. O. JS,s;, r. o\, 
 s. 2G9. 
 
 27.S. — (j) Sc mucii of the Act passed in the eighth 
 year of tlie reign of Queen Anne, intituled An Act for tht' 
 r.etter Security of L'tmts and to Prevent Frauds Coinmitted 
 ]»y Tenants, as relates to the liability oi' gouds taken by vir- 
 tue of any execution, shall not be deemed to apply to goods 
 taken in execution under the process of any Division l*ourt, 
 but the landlord of a tenement in wliicb any such goods are 
 so taken may, by writing under his hand or under the haml 
 of his agent, stating the terms of holding and the rent pay- 
 able for the same, and delivered to the baililV making the levy, 
 claim any rent in arrear then due to him, not e\c-eeding the 
 rent of four weeks when the tenement has been let by the 
 week, and not exceeding the rent aceruing i\\H' in two teriiis 
 of payiiu'iit where the teiu'iiieiit has \)vv\\ let for any other 
 term less than a yeai\ and not exceeding in any case the rent 
 accruing due in one year. U. S. (). I.SST, v. .')!, s. "iTO. 
 
 {2) Xotice of the said elaim may be given at any time 
 before the retui'u of the execution, n(»t u ithstanding that the 
 goods may in the meantime have been removed from the 
 premises ujjoii which they were seized, and when the gijods 
 of a tenan.t are sold within ten days after the sei/.ure. tin; 
 money realized shall I'emain in Court until the ex|)irati(tn of 
 the said teiin of ten days to answer the claim of the land- 
 lord, and in cases where the money has been paid into Court 
 the notice may be directed to the clerk with like elfect as if 
 given to the bailiff before the sale of the goods so seized. (iO 
 V. c. 14, s. 10. 
 
OFFEN'CKS AND PENALTIES. 
 
 103 
 
 JU'lg- 
 
 27». In case of any sncli claim l)oing so made, the |,',;;]^i,|')^\^ 
 Lailiff makiiiji' the levy shall distrain as well for the amotiiii ("-■-■^-i' 
 of the rent claimed, and the costs of the additional distress, 
 as for the amount of money and costs for which the warrant 
 of execution has issued, and shall not sell the same, or any 
 i.art thereof, laitil after the expiration of at least eight days 
 next following after the distress made. R. S. 0. 1887, c. 
 51, s. 271. 
 
 aSO. For every additional distress for rent in *ii"i'^''^i^};;;;;^,y^i„ 
 the bailitf of the Court shall he entitled to have as the costs m\cu cascn. 
 of the distress, instead of the fees allowed hy tliis Act, the 
 fees alhnved l)y the Act respecting Costs of Distress or 8eiz-|^<';^' stat. 
 ure of Cliattels. 1{. S. O. 1887, c. 51, s. 272. 
 
 tJ.SI. If a renlevin is mad(> of tiie goods distrained, ^■<-' [^'j.^^^ij''^''" 
 uiuch of the goods taken under the warrant of execution 
 shall he sold as will satisfy tlie money and costs for which the 
 warrant issued, and the costs of the sale, and the surplus of 
 the sale and the goods so distrained shall he returned as in 
 other cases of distress for rent and replevin tiieroof. K. S. 0. 
 1887, c. 51, s. 273. 
 
 a.SiJ. ^'o execution creditor under this Act shall have when 
 
 . ituiiUorti s 
 
 his debt satisfied out of the proceeds of the execution andciahyo^ 
 di^tre<s. or of the execution oidv. where the tenant replevies, i.cm-st 
 until the landh.rd who conlorms to the provisions ot this 
 Act has l)een paid tiie rent in arrear for the periods herein- 
 before mentioned, li. 8. O. 1887, c. 51, s. 274. 
 
 OFFEXCKS AXI) PENALTIES. . 
 
 Cunlcmpl uf Court. 
 aHS. if a nerson wilfullv insults the Judge or acting <pnteiui't 
 
 ' " . . ot Court. 
 
 Judge or any ollicer of a Division Court during his sitting 
 or attendance in Court, or interrupts the proceedings of the 
 Court, any l)ailitf or otlicer of the Court may, by order of 
 the Judge, take the offender into custody, and the Judge may 
 impose upon the offender a tine not exceeding $20, and in 
 default of immediate payment thereof, the Judge may by 
 
 # 
 
•} ' 
 
 101 
 
 DIVISION" CoritTS ACT, 
 
 wnrraiit under liis liaiid and seal coiiiniit tlio ofTciider to tlio 
 eniiiiiion o'iiol of the county J'or a ])t'i-iod not oxcoedinf oik; 
 •iiontli, iink's.s tlio fine and costs, with the expenses attend- 
 ing- tlie comniitnient, are sooner [)aid. li. S. (). 1S87, e. .51 
 
 I-). 
 
 1 11 1 erf (M ill 
 
 with 
 
 biulitl. 
 
 Mispoiiduct 
 (if clnrks 
 aud bailiffs 
 
 IiesislitKj f}/l!crrs. 
 
 a<H4. ifanv ollicer oi- liailifl' (or liis (h'|)nly or assistant) 
 be assaulted while in the execution oC his dutv, or it* any 
 rescue li(> made or attempted to l)e made of any property 
 seized under a ]irocess of tlie (Viurt, the ])erso)i so oU'eiidin!,' 
 shall be liable to a line not exceeding $-^(i. to be recovered by 
 order of the Coui't, or iiel'ore a justice of tlie pence of the 
 county or city, and to be imprisoned bu- anv term not >'\- 
 ceeding threi' months, and the baililV of the Court, or any 
 ])eaee ollicer. may in any such case take the olTe- der into cus- 
 tody (with or without warrant) and bring iiim before such 
 Court or justice accordingly, li. S. (). ISST, c. ."il, s. 2TG. 
 
 Mi.^rntuhicf of Ckii-s, Ihiilllfs, EIr. 
 
 2'S»"i. If a baililT or otru-er. acting under colour or pre- 
 tence of the process of Court, is guilty of extortion or niis- 
 conduct. or does not duly pay or acccnint foi' all nionev levied 
 or received by him by virtue of his ollice, the .Judge, at a 
 sitting of the Court, if a ])arty aggrieved thinks lit to com- 
 plain to him in writing, may enquire into the matter in a 
 summary way. and for that purpose he may summon and 
 enforce the attendaiur of all necessary |)arties and v.itnesses, 
 aud may make such ordei- thereupon for the repayment of 
 any money extorted, or for \Uc due payment of any 
 uioney so levied or received, and for the payment of 
 any such damages and costs to the parties aggri»'V(>d, as he 
 thinks just: aud in default of i.ayment of the niom-y so or- 
 dered to be paid by the baililT or oflicer within the "time in 
 tlie order specified for the payment thereof, the .Tmlge may, 
 by warrant under his hand and seal, cause such sum to be 
 levied by distress and sale of the goods of the olTender, to- 
 gether with the reasonable charges of the distress and 'sale, 
 
 I. 
 
oFl'KN't'KS AND PENALTIES. 
 
 105 
 
 and in .lefault of such distress (or smnmar.ly .n the firs n- 
 stanco), n.ay eo.nndt the olTondor to tho oonnnou gao c^ t ^ 
 county for a period u<.t exceeding tluve .uouth.. «• S. O. 
 188:, c. T)!, ^. '-'•'• 
 
 2H«. ir a rink, LaililT or other officer exacts or takes Hxtovtio... 
 anv fee <.r reward ..ther tlum the fees appointed and allowed 
 ,,; law Tor or on account of anything done by nrtue of u. 
 oluce, or on any account relative to the execution o . 
 Ac.t.hesludl,uponpr<.oftlK.e<dl.efo,.U.e(onr bc^b^^^ 
 ever incapable of being eniployed .n a l)ivisu)n Couit nwn> 
 otlice of profit or enu.hnnent, and shall also be liable m dam- 
 ages to the party aggrieve.l. U. S. O. 188T, c. 51, s. ^..8. 
 
 3HT. In case a baililV cMuployed to levy an execution uaiim.^^ 
 against goods and chattels, by neglect, connivance or oniis-duty m ^^^ 
 .i;n, losl^s the opportunity of so doing, then upon compUnn execution, 
 of the i.artv therel>y aggrieved, and upon i.roof o the lacf 
 allec^ed to tlte satisfaction of the Court, the Judge shal order 
 the bailiff to i.av such damages as it appears the plamtifl 
 has sustained, not exceeding the sum for Mhich the execu- 
 tion issued, and the l)ailiif siutll 1)e liable therefor; and upon 
 demand being made therefor and on his refusal to satisfy tho 
 same. ])avment shall be enforced by such means as are pro- 
 vide<l for enforcing judgments recovered in the Court. 1{. 
 S. O. 18ST, c. 51, s. ,2:9. 
 
 **HH. Jf a bailiir neglects to return an execution within lUfiht cf 
 three days after the return day thereof, or makes a false re- aKai.jst^^^^ 
 turn thereto, the ])arty who sue.l out the writ may "I'^'i^tain sureti^for 
 nn aetion in anv Court having competent jurisdiction against ro tun, in. 
 the bailitV and his sureties on the covenant entered into byoi-nmu...^ 
 them, and shall recover therein the amount for which the return, 
 execution issued, with interest thereon from the date of the 
 judgment, or such less sum as in the opinion of the Judge or 
 jury the jdaintilV under tlie circumstances is justly entitled 
 to recover. \l. S. O. 188:, c. 51, s. 380. 
 
 t»HW. If a judgment is obtained in the action «g'^i"«^'i/^«»J»«o„ 
 the bailiiV and his sureties, execution shall immediately i^^i'e^^;^^-^.,^ 
 thereon, and in case of the departure or removal of the bailiff suretio.. 
 
10(3 
 
 DIVISIOV CO CUTS ACT. 
 
 from the limits of the county, tlio action may be commences | 
 and carried on apainst liis sureties alone, or against any one 
 or more of them. ]?. S. 0. 1887, c. 51, s. 281. 
 
 : 
 
 EXFORCIXG PAYMENT OF FIXES. 
 
 viuaklT ^-ii^iy Tn case a Division Court imposes a fine und< r 
 
 cnu'ru''°" '^"*l^ority of this Act, the same may l)e enforced upon ihe 
 
 order of the .ludgv. in like manner as a judgment for anv 
 
 sum adjudged therein, ami shall he accounted for as liereiii 
 
 provided, li. S. 0. 1887, c. ol, s. 2S2. 
 
 How ('11- 
 tori'i'd l)y 
 ■I iistites I f 
 thu I'fai-T. 
 
 tJin. Tn all cases in wJiich ))y this Act a penally ov for- 
 I'eiture is made recoverahle before a justice of the peace, siuh 
 justice may, ^vith or without information in -writing, sum- 
 nu)ii before him tlie party complained against and thereup .m) 
 hear ami determine tlie matter of the complaint, and on prooi' 
 of the olfence convict the offender and adjudge liim to jiay 
 the jicnalty or foi'feiture iiuurred, ami proceed to recover lln; 
 same. Jl. S. O. 1S87, c. 51, s. 2K]. 
 
 ti!>2. In all cases Avhere a conviction is had for anv 
 
 I'oriii of _ . _ , " 
 
 cunvictioi!. oU'ence committed against tliis Act, the form of convictioii 
 may be in the MOi'ds or to the elfect following, that is to ^av: 
 
 Be it remendiered, that on this day of in 
 
 the year of our Lord A. I>. is convicted liefore 
 
 one (or two. as the case may be) of IFer ;N[ajesty"s Justices 
 of the I'eace for the county of (or l)efore , a 
 
 County Judo-e of the county of ), actiiiii; under the 
 
 Division Courts Act, of haying (note the olTonce); and I (nr 
 we) , the said do adjudge the said 
 
 to forfeit and ])ay for the same the sum of . or 
 
 to be committed to the common gaol of the --•onnty of 
 for the space of 
 
 Given under hand and seal, the day and vear 
 
 aforesaid. 
 
 R. S. 0. 1887, c. 51, s. 284. 
 
 liU. 
 
 I 
 
I'UO 
 
 TE.TIOX OF PERSONS ACTING UNDEU WAllHANTS. 
 
 107 
 
 innieiicofi 
 
 t any oni.' 
 
 no mull 1- 
 upon llio 
 : for any 
 as liori'iii 
 
 (y or for- 
 ace, siuli 
 ng, sun:- 
 lereup )!) 
 on pro'il' 
 n to ]iay 
 M)VL'r till' 
 
 for any 
 nvielion 
 
 s to Miy: 
 
 ; in 
 
 Just 
 
 ices 
 
 uler 
 
 , a 
 
 the 
 
 id I 
 
 l^.r 
 
 I 
 
 
 
 , 01' 
 
 f 
 
 
 lul year 
 
 t?S4 
 
 
 I-ROTECTION OF PERSONS ACTING UNDER WARRANTS, ETC. 
 
 tiW$. Xo action shall Le brought against the bailil? ofiXMna-ui of 
 •x Division Court, or against any person acting by his order a.... •;.,.... 
 Imd in his aid, for anything done in obedience to any war- .e ...ae 
 ,ant under the hand of the clerk and seal of the Cotirt, until acu.n. 
 a written demand, signed hy the person intending to bring 
 the action, of the i.erusal, and a copy of the warrant has by 
 such person, his solicitor or agent, been served upon or lelt 
 at the resideiiee of the baililV, and the perusal and copy have 
 been neglected or refused for the space of six days alter .he 
 demand. l\. S. 0. 1887, c. 51, s. ^^85. 
 
 20-1. In case, after the demand and eomplianee there- |';;';i;;„i^., 
 ^vith by <hewin- the warrant to and permitting a copy ther.>-v.ra,.t . >._ 
 of to be taken by the person demanding the same, an aetiouot w.n.n,. 
 is brought against the baililf or other person win. acted m 
 his aid for any such cause without making the clerk wlio 
 sioned or sealed the warrant a defendant, then, on producing 
 01- proviip-- the warrant at the trial, the jury shall giye their 
 yerdict for the defendant, notwithstanding any defect ot 
 jurisdiction cv other irregularity in or appearing by the war- 
 rant. K. S. 0. 1887, c. 51, s. 2^(^. 
 
 a«>5. IL' an action is brought jointly against the ^'^^^''^^.P;5|{|'>;i^j^ 
 and bailiff, or the person who acted in his aid, then on pn>;.f ,;,';,,;,,,:'? 
 of the warrant the jury shall lind for the baililt or the l"'^- im^.«^^ 
 son who so acted, notwithstanding such defect or irregu- 
 larity as aforesaid; and if a yerdict is giyen against the clerk, 
 the plaintilf shall recoyer his costs against him, to be taxed 
 by the proper officer in such manner as to include the costs 
 M-hieh the plaintiff is liable to pay to the defendant for whom 
 a yerdict has been found. l\. S. 0. 1887, c. 51, s. 287. 
 
 2nO. In sueh action the defendant may plead ^i>>f H.'J-pieua 
 guilty entering a note of this Act in the margin, and in such'^^^°";. ,,y 
 case may thereupon avail himself of the matters of defen-e «"^^"^^- ' 
 herein giyen. W. S. 0. 1887, c. 51, s. 288. 
 
 il;i 
 
 ^1 
 
 I 
 

 I us 
 
 
 \i 
 
 Distress 
 
 He it to lit- 
 
 (Itl'llU'il 
 
 lUllilwflll 
 
 orper.MiDs 
 making' it 
 trt'simssi'i- 
 l)V rfiison 
 of (Iffect 
 in pro- 
 
 fl>Uilil'L;s. 
 
 Not to l>u> 
 ti'osiiasscr.. 
 it'j initio. 
 
 Luiiitatioii 
 of iiL'ticins 
 fur tilillj^s 
 
 <li>iic uiiiicr 
 tliis Aft. 
 
 DIVISION ((H'KTS ACT. 
 
 CEXKRAI. PROVISIONS WITH RKtJAK'l) TO ACTIONS Fo); 
 TIIINdS DONI: INDI'-.K THIS ACT. 
 
 a«r. X.. levy or (li.<tivss for a sum (.f inonoy in 1,,. 
 Irui'i] In- virtue nf this A.-t shall he (hriiifd lawriii,^ ,,|. d,,. 
 I'crsou ]iiiil<inn- till" siiiiK' he dcciiu'.l a frospnssor, on ;„ . 
 ^•■"imt of any dolVct or want of form in the infornialin,i, 
 Miininoiis. conviction, warrant, orc(r|.t or (.thcr |.roc('..(li,,.r 
 ivlatino- thcrct... nor shall the person distraininn- l.c dccnid a 
 trespasser IVoni the l.e-innin,"'. on account ,,|' i,|,v irrenu- 
 larity afterwards connnitted hy him: l.nt the person au'ilTievd 
 liy the irre.i^idarity may recover fidl siiiisfactioii for ih- 
 special dama,i:-e. !>. S. (). Iss'!, c. .M, >. -iS!). 
 
 iJO.H. Any action or |)roseeution against any pers')n 
 J'or anythin-' done in pursuance of this Act shall' he com 
 Jiieiiced within >i.\ months after the fad was committed, and 
 shall lie laid and tried in the county where the fact was com- 
 luitted. and notice in writing- (d' the action and of the cause 
 tiiereof sli; ]1 he i^iveii to the defendant (»ne month at lea^t 
 hi'fore the commencement of the action. U. S. (). iss:. <• 
 •>1, s. :i[K). 
 
 n'f''"/.!",i"- ^•^•^- " lender of sutlicieiit amends is made hefore ac- 
 
 fn.f'jHr ''"" '"'""'-'"• '"■ '' ''"■ 'l''l'''ii'Iiiiit. after action i.roii,i:iit, pav^ 
 
 iiu'-ciii-iiii ii sulllcient sum (d' inoiiev into Court with costs the ul'unil'V 
 
 shall not I'ecovcr. and in siich aeliun the defendant ma\ 
 
 jdead not -iiilty. aii<l u-ive any special niaiter in evid-mce 
 
 under that pi.... J{. S. O. Issr. c. :.l. s. 'I'M. See also c. s,s. 
 
 riainlill 
 not to 
 
 ;$00. Ill ca.-e an action is hriui-hi in any Court (d' 
 
 wiHr'^' Record in ivspect of any -Tievaiices committed hy anv clerk, 
 
 rorau't not '""'ill' Of <'nicer of a Divisinii C.mrt. under c(dour or preteiie.' 
 
 SHE' "'^ ^^'^ J"'**^'^'"^ ••'' ^"^'li *'<'nrt.and the jury upon the trial lind 
 
 '■eriilk'ur. '>*' yToater daina--es for the plaintill' than .$10. the plaintilf 
 
 shall jiot have costs unless the dudue certiiies in writing: 
 
 • tliatthe action was lit to he hronulu in such Court of llecord 
 
 IJ. 8. 0. ISST, c. o], s. 'iit'i. 
 
 ■ 
 
 Ut. 
 
IJISI'USAL OF MONEYS I'AID INTO COUUT. 
 
 10i> 
 
 NS FOI; 
 
 111. or ill,. 
 :'r, on iic- 
 '"•niijiliiiii. 
 
 (li'ciiicil a 
 ly ir'i'CLiii- 
 iiii'iiTicv.il 
 
 1 I'of I III' 
 
 y porsMii 
 
 !)(.' coil; 
 
 iltod. iiinl 
 W'MS coiii- 
 
 tlH' CilllM' 
 
 1 :it Ica^t 
 
 iss:. c. 
 
 le'foiv iic- 
 ii'Ilt, piiys 
 plainti;!' 
 ant i:iny 
 cvidi'iici' 
 [so c. S,s. 
 
 ''onrt of 
 ny clci'k, 
 lU'ck'Hcc 
 iri.il lind 
 plaimiir 
 w ritiii^- 
 llecord. 
 
 DlSl'OSAL OF FlNEi>. 
 
 »01. T1h> iMonoys nri>^ing from any penalty, f''i'l'^^'tnivF.i^"^e«.J;ow 
 or fine imposed by this Act not directed to l)e otherwise a))- 
 pliod, shall he ])aid to the clerk of the Court which imi)osed 
 llic same, and shall he paid hy him to the county crowi. 
 attorney of the county to he hy him paid over to the Pro- 
 vincial Treasurer, and shall form part of the Consolidated 
 llovenue ImuuI. li. S. O. 188T, c. 51, s. 293. 
 
 DISPOSAL OF MONEYS PAID INTO COURT. 
 
 ICP 
 
 a02. The clerk of every Division Court shall, ii"i"^''^'-^^';[^*"t.„ 
 ately after the receipt of any sum of nu-)ney whatever i"*^!' ^j{ i;;^^''^^"^ 
 any" party to an action, forward, throu.uh the i)ost otlice, to 
 the party entitled to receive the same, a notice, enclosed in 
 an envelope addressed to such party, or in the case of a 
 transcript of jud(,nnent from another Court, then to the clerk 
 who issued the same, at his ])roi)er post office address, in- 
 forming him of the receipt of the money; the notice thus 
 sent shall he ])repaid and registered, and the clerk shall oh- 
 tain, and fde among the papers in the action the i)ost ofTiee 
 certificate of the registration, and shall deduct the postage 
 and charge for registration from the moneys in his hands, 
 hut he shall charge no fee for the notice; the absence from 
 among the papers in the action of the certificate of registra- 
 tion shall he prima facie evidence against the clerk that the 
 notice has not been forwarded. R. S. 0. 1887, c. 51, s. 294. 
 
 303. All sums of money which have heen paid into unciauned 
 Court for the use of any party, and which have remained i.e^pai^dto^ 
 unclaimed for the period of six years after the same were crown 
 ])aid into Court or to the olficers thereof, and all sums et 
 money in the hands of the clerk or bailiff paid into Court 
 ur to the officers thereof to the use of any suitor shall, if nn- 
 laimed for the jieriod of six years after the same were so 
 paid, form part of the Consolidated Eevenue Fund, and be 
 paid over by the clerk or officer holding the same to the 
 county crown attorney of his county, to be by him i)aid over 
 
 £ 
 
 I 
 
I 
 
 1 
 
 i : 
 
 110 
 
 DIVIMoN (■(•IKTS A< r. 
 
 to tlio 'rrcnsir.or of llio ri'oviiicc. niul no pors(»n shall lie rn- 
 litlcd lo fliiim iinv sum wliidi Ims rciniiiiicil uiiclaiiiic.! I'n^ 
 six vfiirs. ]{. S. O. lN,s;, (., :,1, s. '2do. 
 
 iu'i'sl!Ii"s" JiOI. \o liiiio (liiriiiy- wliicli ilic jtcrsoii oil il led |,, 
 
 'liTiiiiiiitv fliiiin siuli Mini Wiis an infant or of unsound mind, tu' oni ( i' 
 
 p'.'i'in' '" iho Trovinco. sludl bo iakcn into accouid in ot iniatiiin' llh- 
 
 ''''"'• si.v ^oaivs 1{. S. U. 188:, c. oi, a. 2dG. 
 
 GRNF.RAr. urr.i-s .wd (tKi)i:u?. 
 
 Uovd (if 
 
 III- 
 
 tn t'ralilf 
 
 coiitiuiu' 1 
 
 .ii?(iirs"Mii,i JSO.l. The cxistin;:- Hoard of County .hid'ics with ; 
 
 ii'ilt'i'ioiitv ihority to make rules rclatin::' lo Division Courts shall con- 
 tinue until su|icrsc(l('(l oi- revoked hy the liieUt(iiant-( iov- 
 ornor: and all rules and forms heretofore made iclatin;;- iu 
 Division Courts aiul in foree when this Act takes ell'ect shall 
 so far as a]iplicaMc. remain in force until otherwise ordcMvd 
 under the jn'ovisions of this Act. if. S. (). 1SST, c. 51, s. '?!);. 
 
 Ji<M».--(|) The iiieiilenaiil-(io\ci'iioi' may fi'om lime 
 lime appoint and authorixe live (d' Ihe County Judi^-es, who 
 sluill l»c styled -The J'.oard of County .lud^ires,"" to frame 
 ,ju'('i'','(';\o general rules and forms concerning:- the practice and ])rocee(l- 
 ings of Iho Division Courts, and the execution of the itroce^-^ 
 of such Courts, with power also to frame rules and orders in 
 rclalion to the pi'ovision,- of this Act. or of any future Aci 
 ]'especlin,i:- such Courts, as lo wliii-h doubts have arisen ( r 
 may arise, or as to which there have Iieeii or may he cotilliel- 
 iny decisions iu auv (d' such Courts. 
 
 Tlic I.ii II 
 lt'll:l lit- 
 (ic)V('l'llor 
 
 limy iiji- 
 
 pnil'lt live 
 
 (' Mini \ 
 
 ni;es, etc. 
 
 IJftilvd 
 
 may ln> 
 iilipoiiited 
 
 (2) '■{'he liietitenant-dovernor uiay aji]ioiid any retireil 
 County dud^iie to he one of the memhers of the I'.oard. 
 
 ""'<'^.. (•'>) The IJoard uiav also from time to tinio make rules 
 
 (•iciKsHini for tlie guidauoe of clerks aud ]»ailiiTs. and in relation to the 
 
 iJlllI III >. . 
 
 duties and services to he iierfornicd. and to the fees to he 
 received hy them: and. subject to section .")7. may also suh^ 
 stituto otlier fees in lieu of fees ])ayal>le to clei'ks and bailiiVs 
 under any rule, order or statute. 
 
 Aiiicnd- 
 
 llU'llt 
 
 <if riilus. 
 
 (4) Tlie Board may from time to time alter or amend 
 any rules or orders made for the Division Courts, and mav 
 
 fi 
 a 
 
 ^ 
 
s. ^!);, 
 
 (iKNKKAl. Ull.LS ANJ) KUUKU.S. lH 
 
 i',,r iiny Division Cniirt diviHoii. ciiiLriiciii^' ii city or ]mrt r f 
 a ,ity." cstiil.lisli ii lowt'i- liinir of fees from tluit fstii!)lis1i<",| 
 l',,r (nunty Division Courts. \l. S. O. l.s.s:. c r.l, s. '■i'JS. 
 
 (:,) The iDsp.rtor ..r |)ivi>inn C-Mirls |ur llic tini" I'l'ln.i:- |;;si;^';;»'-'- 
 gliiill I'c ;i iiicmlicr of tlic siiid I'.oiinl. -u \'. e. •.':?, ^- '5- 
 
 InclillM'V iif 
 
 Itoiinl. 
 
 »07. The r..>anl <.r ( uiiiily .IihI-.s. or any tiinv ol' i;';';j;;'" 
 Ihru). sliall, un<l.T tiu'ir luinds. ccrtiry to Ilic l'iv>i.h.nt of jj''- ';.;,',!;.'; 
 ill.- ;ili-h ('..lift all rules nn.l forms nia.le after tliis Aet |;;|-;'';;|,, 
 inkos olloet. an.l the >ai.l president >hall >ul.niit the suiie tn-'u'i^-- 
 the .lud.u-es of the lli^h <'"nrt. ur t(. any four of them. IJ. 
 
 S. 0. 18Sr, c. 51, i. 3t>'J. 
 
 :50,s. i'lie Judye.s ol the lliyi. Court (of whom the ^;;;;I;, •;;;', ;- 
 
 jirosident of one of Iho Pivisions shall he one) may approve i;;";;;;'"' 
 of. disalh.w. or iiniend any sueh rules ,,r lurnis. II. S. < >. I8,s;, •''"•(^'♦■^. 
 c. oh s. 300. 
 
 :J01>. The rules and f<irms so approved (tf shall have tnimv 
 tile same foree and effect as if they had been nuide arnl in-.M.autc. 
 eluded in this Act. Jl. S. O. 188;,, c :.l, c. 301. 
 
 J5I0. Tlu' Judges who mal<e any rules ai>d forms a.p- ii.nv.ito 
 proved of as aforesaid shall forward eoities thereof l<» the,.,,,,i,.s to 
 
 -I 1 T • / ( 111 ""' '•'''" 
 
 J.ieiitenant-Oovernor, and the Lieuleiianl-Covernni- sliall toimmdov- 
 lay the same before the Legislative Assembly. Pi. S. O. 188;, 
 c. 51, s. 302. 
 
 »ll. The Lieuteni.Mt-riovernor may, by warrant. di-K' pons.-i 
 rect the ri'ovineial Treasurer to pay, out of the Consolidated for. 
 IJevenuc ImukI, the contingent expenses connected uith the 
 framing, a|)i)roval ar.d printing of such rnles. R. 8. 0. ISST, 
 e. 51, s. 303. 
 
 JJlii,. In anv case not expresslv provided for bv this I'mcticn ,.f 
 Act or by I'.xisting rules, or by rules made under this •\'^'*.'[-;p7,',\,y\''^', 
 the County Judges mav, in their diseretion, adopt and JM'Ply i",'''!''.!/.';.. 
 the general principles of practice in the High Court to ac- 
 tions and proceedings in the Division Conrts; provided that 
 
 «-*! 
 
 ['Ill 
 
Il 
 
 : '1; 
 
 I 
 
 111' 
 
 DIVISION' Col'UTS A<T. 
 
 nothing' lu'irin coiitaiiu'd shall be lu'ld to authorize the tux- 
 ation 01- allowance of costs to any oHieer of the Court, otlv i' 
 than those to he found in tlie tarilV of fees as authorized an. I 
 allowed by the Hoard of County Judges, under the \n->- 
 visions of this or any other Act U. S. O. JSST, e. 51, s. HOI. 
 
 Ill 
 
 SCHEDULE A. 
 
 {r.ectioii 30.) 
 
 COVENANT JlY CI.EIIK Oil IIAIMFK. 
 
 Know all men by theae presents tliat we J. li., Clerk (or Bailiff tin thv 
 caxe miuj he) of the Division Court, in the County 
 
 (or United CoiMiticH) of S. S., ot 
 
 the said County of (Enquire), and /'. .1/., of 
 
 in tlie said County of (Geutlemaii) 
 
 do hareby jointly and severally for ourselves, and for each of our heirs, 
 executors and administrators, covenant and iiromise that ,/. i;., Clerk 
 (or Bailiff) of the said Division Court shall duly pay over to every per- 
 son entitled to the same, all such monevH as ho shall receive by virtiu- 
 of the said office of Clerk (or Bailiff) and shall and will well and faith- 
 fully do and fi rforni the duties imposed upon him as such Clerk (or 
 Mailiff) by law, and shall not misconduct himself in the said office to tlu> 
 damage of anv i • • i b \j^ a part> i ; any le^al proceeding ; (in the ctixi- 
 of a Clerk'ncovenani insert : and shall pay over to any Bailiff or Bailiffn 
 of the Division Courts ti.e fees to which he or they may become entitled 
 under the tariff of fees, unless where tlie Clerk and the Bailiff otherwise 
 a^ree in writing;) ; nevertheless il is hereby declared that no f^reater sum 
 shall be recovered under this covenant aj^ainst the several parties hereto 
 than as follows, that is to say : 
 
 Against the said J. B. in the whole, 
 Against the said .S. N. in the whole, 
 Against the said V. M. in the whole, 
 
 —dollars. 
 — dollars. 
 — dollars. 
 
 In Witness Whereof, we have to these presents set our hands and seals, 
 tliis day of , in the year of Our Lord one 
 
 thousand eight hundred and 
 
 Signed, sealed and delivered, ) 
 in the presence of ) 
 
 R. S. O. 1887. c. 51, Sched. : (50 V. c. 14, 8. 11. 
 
SCHEDULES. 
 
 113 
 
 izi' tlu' til\- 
 
 'oiirt, otli' !• 
 
 lorizi'd iiii'l 
 
 r the in'i- 
 
 51, s odl. 
 
 Bailiff tin tlir 
 
 u the County 
 
 , in 
 
 of our heirs, 
 t ,/. 7.'., Clerk 
 
 to every per- 
 live by virtnt- 
 ell and faitii- 
 uch Clerk (iir 
 (1 oflico to tin* 
 i ; {in tlw caxi' 
 iff or IJailiffrt 
 come entitled 
 iliff otlierwiso 
 t^reater Buni 
 parties hereto 
 
 -dollarH. 
 -dollars, 
 -dollara. 
 
 nds and aeals. 
 Our Lord one 
 
 Ife* 
 
 l.s'.l 
 
 No. 
 18!l 
 
 _ ectiun 46.) 
 piiocEDcni: iiooK. 
 Division Court of the 
 
 IH!) 
 
 Ensuin>z Sittin^^s the 
 
 day of 
 
 Ib'J 
 
 of 
 
 of 
 
 No, of 
 
 initiiil litter 
 
 of item of 
 
 tarlll. 
 
 Ball) I! 
 
 ( lerk. 
 
 Ki'ci'ivcd pnrticiilnrs of jiluin- 
 ! titr« claim I ^ for § , 
 
 ami .■"t townriln coats 
 
 Il8Ul'd ( ) BUII1II10II8 to 
 
 Summons ret 'd. Scrvod the 
 I diiy of !«!• , hy 
 
 milei, 
 
 The di'fi'ndaiit linvliiR boon 
 
 siTvud with spi'ciiil summons , 
 
 nnil iiiirtii'ulara of cliiim, iind . 
 
 not disimtin^ the sunie, I 
 
 it is ad.iudiif d that tin- jiliiin- 
 titr recover $ for debt, 
 
 und $ for costs. 
 
 Clerk. 
 
 .57 V. c. 23, Sched. B. 
 
 SCHEDULE C. 
 
 (Section 46.) 
 
 F.)IU;U1S I'KJCKDfllK DOOK. 
 
 Division Court of the 
 
 Received summons from 
 
 County of 
 Issued summons to }?iiiliff 
 Summoug rct'd. Served the 
 
 by 
 
 Ret'd to C lerk of 
 County cf 
 
 Pi vision Court, 
 Kec. 
 
 Atr. 
 
 (lay of 
 
 I'ost. 
 
 Division Court 
 
 Bailiff's fees, 
 
 Miles. 
 
 Ser. 
 
 Att. 
 
 14, H. 11. 
 
 IXC. A. -8 
 
 57 V. c. 23, Schtd. C. 
 
p ■ 
 
 :' I 1 
 
 JI4 DIVISION COURTS ACT 
 
 SCHEDULE J). 
 
 {Section 230.) 
 
 KXFCVTION AGAINST LANDS. 
 
 Ill the Division Court of the Count of 
 
 Between A. />'.. Plaintiff, 
 and 
 C. /)., Defendiuit. 
 
 Wheren?, on the dfly of , A. D. 18 , the phvintiff duly 
 
 recovered in the said Court, held in and for the said Division, judgment 
 asuiuBt the defendant for S for dehl. and i? for co^ts of 
 
 Buit, which remain unsatisrfied {wheiijii(liime)it hn.i hct'n n'vire(l,(ul<l,nud 
 on the day of , A. D. IH , the said judgment was duly 
 
 revived.) You are hereby required to levy of tlie lands and teneinents 
 of the defendant in the said count , the said moneys, amount- 
 
 ing together to the sum of $ and interest thereon at the rate of six 
 
 per cent, per annum, from the day of A. D. IS , togetl.ti- 
 
 with your own fees, poundage and incidental expenses; so that you mity 
 have the same immediately after the execution hen of, and pay thcsanij 
 over to the Clerk of this Court for the plaintiff. 
 
 Given under the seal of the Court, this 
 
 IS 
 
 day of 
 
 X. v.. 
 
 , .\. V. 
 
 Clerk. 
 
 To V. ir.. 
 
 Sheriff of the 
 
 Count of 
 
 57 V. c. 2'1 Sehf.l. D. 
 
OBSERVATIONS 
 
 OX THE 
 
 ACT AND RULES. 
 
 nUff duly 
 jiulgmeiit 
 
 01' COhts (if 
 
 /, <((/(/, nud 
 ; was duly 
 ;eneinei)ts 
 I, amount- 
 rate of six 
 , to^etl.ti- 
 t you miiy 
 y tlies:iiiii-' 
 
 , A. V. 
 
 ■rk. 
 
 UlmI. I). 
 
 THE TARIFF DISCUSSED. 
 
 XuMr.KRS OF Sf.ctioxs. — In tlio last consolidation and 
 rovision of the statutes the nunil)ering of the sections has 
 l)een changed. Oflicers of the C'onrts shonld specially note 
 this. When reference is made to any particular section it 
 is made to ,the section of the Act as it a])pears in 11. S. 0. 
 189*. IJenienibering- this may save trouble, and will cer- 
 tainly ])revent confusion. The 30-4 sections, which com- 
 ])riscd the Act before .consolidation, now extend to 31-3 sec- 
 tions, embracing of conrsp tlie amendments from time to 
 time made during the ten years from 1887 to 1897. 
 
 Place of Clerk's Office. — Tt is the Lieutenant-Gov- 
 ernor in Council, and not the Judge, as hc.-etofore, who now 
 designates the ])lace within the division in which the clerk's 
 office shall be situated. 
 
 Le.we of Arsexce — Sureties. — Clerks and ]»aililTs 
 o1)tain leave of absence and ap])oint de])uties without refer- 
 ence to their sureties, notwithstanding that the sureties arc 
 liable for the actions of the deputies so a])pointed without 
 their knowledge. It would appear to be only fair that the 
 
110 
 
 DIVISION COURTS ACT. 
 
 sureties should bo notified. Xo provision, however, has been 
 made for tlie purpose. .' 
 
 LiABiLiTV OF Sureties eor Fees. — Sureties are not 
 Hable for the foes due from one clerk to another for services 
 that being a personal matter between the officers them- 
 selves. 
 
 Form of Procedure Book. — The provisions of sec- 
 tion 4G override the rule (147), as to the form of procedure 
 book. Tlie form ]u-ovidod l)y tlie statute and not tliat (Form 
 4) given in the rules is to be adopted. 
 
 Supi'T.vixr, Court Books. — Tn Iho provisional judicial 
 districts the rinvornniont su])plios the officers of the Courts 
 witli flic nocossai'v books — wlioro Iho emoluments are less 
 lliau ^.'jOO. Tlio cost of books ro(iuirod by officers of the 
 Courts in scttb'f] counties are roipiirod to bo ]iaid by the 
 counties, where emoluments are less than $.500. Applica- 
 tion s]u)ul(l bo made to tlio county, treasurer. 
 
 AccouxTixr, FOR I'lXES. — Section 40 retjuires a veri- 
 fied return to be made every tliree jnonths, or as often as 
 rociuircd by tbo county crown attorney. 
 
 MoxE^'s l?F.ci:i\'Ki) AXi) PArn. — By section ."iO ehu'ks 
 are required to fni'uish tlio Judge with a verified account 
 of the moneys n^coived and paiil out, and. the balauec* in 
 Court lielong.ng to suitoi's. A duty somewhat neglected, as 
 fouml on insjioction. 
 
 l^KES TO CouxTV Attorxfv. — Tlic fees ])ayable to the 
 county crown nttiu'iu'y when he acts under sections r^2 and 53 
 — taking possession of books and pa])ers, where the office is 
 rendered vacant through the death., resignation or removal of 
 the clerk — is $.") per day and expenses. All accounts for tlu> 
 ]ierfonnance of this duty should bo sent to the inspector, in 
 duplicate, by whom they are certified, and thereupon a cheque 
 for the amount issues for j)ayment. 
 
 Wroxgfi-t, Possesstox of Books. Tnder sub-section 
 2 of section 52, persons wrongfully holding possession of 
 
 1 
 
OBSEUVATIONS 0\ THE ACT AND RULES. 
 
 117 
 
 Court books, moneys or papers are liable to, arrest and im- 
 prisonment. \ _ ■ . ^ i A . 
 
 Item 28 of Tariff.— In section 57, having reference to 
 claim not exceeding $10, the item 24 of tariil, referred to, 
 should read item 28, of revised tariff.. 
 
 Tariff of Fees.— The amended tariff of fees, as adopt- 
 ed by the Board of County Judges, came into force on the 
 1st July, 1894. 
 
 Clerks and bailiffs arc entitled to receive for their ser- 
 vices the fees therein allowed. Xo other charges can be 
 legally made or allowed. The table of fees should be hung 
 up in the clerk's office in some conspicuous place exposed to 
 ])ublic view. A, large printed card containing this table is 
 supplied to every clerk from the office of the inspector. The 
 tariff will also be found appended to the annual report of 
 the inspector, which are distributed to clerks and bailiff's, 
 and to the profession, and amongst such suitors and their 
 solicitors and others as make application for them. 
 
 The fees upon os-ery proceeding are payable, in advance 
 to the clerk by the party at whose instance the proceeding 
 takes place — to be afterwards charged against the unsuccess- 
 ful party. If the clerk gives credit and the fees are not paid 
 in the hrst instance, the payment thereof may be enforced by 
 order of the Judge and l)y execution, in like manner as a 
 judgment of the Court. When a clerk hands papers to a 
 bailiff to act, he is liable to the latter for his fees. The 
 amended covenant now in force also, settles that point as to 
 the liability of the clerk's sureties. It is only proper and 
 right that a bailiff should look to his clerk for payment, for 
 with the clerk it is an optional matter, the giving trust to 
 suitors, while with the .bailiff there is no discretion left; he 
 must obey the process of the Court. 
 
 Clerks May Be Elected Municipal Councillors. 
 — Division Court clerks are eligible to be elected municipal 
 councillors. 
 
 Inasmuch as a clerk of a Division, Court may be elected 
 a county councillor, and may also be elected to the position 
 
118 
 
 DIVISION' COUIJTS ACT. 
 
 I 
 
 of warden, it \^ suhiiiittod that in that capacity ho should 
 be held inca])al)le of voting;' nitnii (nicstions atlVctin^- the 
 limits (if the divi>i()ns in his cDiintv. Ccilainly lie slnmld 
 not, have tlu' pdwcr ol' aetinji" wliei'e liis own pai'ticular divi- 
 sion niiti'lit happrn to he concei-ned. 
 
 ]}a]!.!1"fs DisorALii'iici). — l>ailin's,of Division Courts 
 arc disqualilicd from l)einy elected to sit in niiinicipal coun- 
 cils. I 
 
 AcTioxs JV\KKi:i). — A judgnicnt in a Division Court is 
 a har to an action on tlie same subject matter in any other 
 Court, e.\cc]it in actions for injury to jiroiierty. real or per- 
 sonal, arising' therefrom. A judj^ment a;iain>l one of two 
 or more debtors, or joint contractors is, though uiisatislied, 
 a bar to any action bi'ouuht a.u'ainst others for the joint debt. 
 
 P]ffect of Jii)f;Mi;xT. — A defendant a.trainst whom a 
 judpnent is rec(,vered is cstoiijied from denying' the, indebted- 
 ness found to be due by the judtiment. 
 
 IxjuxcTioxs. — Section 7.") sets forth that every Divi- 
 sion Court shall, as rei>ards all causes of action within its 
 jurisdiction for the time bein^^ have power to grant in any 
 l)rocceding before such Court such relief, redress or. remedy, 
 either conditional or absolute, including the power to relieve 
 judgment against penalties and forfeitures. 
 
 ])y section 1 of the Act of last session, 01 ^^ 1S!K, 
 it is ])rovided that nothing in the foregoing section shall con- 
 fer or be deemed to have conferred on a Division Court juris- 
 diction to grant injunctieos. in cases otherwise within the 
 competency of the Courv. 
 
 TxTKRi'LKADiXG. — "Whcii a baililT seizes pro])erty and 
 finds that there is an incumhramc or lien thereon, it is his 
 duty, forthwith, to notify the party wlio issued the process. 
 If the latter insists npon tlie baililV's maintaining the seizure 
 it shall be incumbent n]ion him to deposit with the clerk a 
 sufficient sum to indemnify the clerk and bailiff against their 
 costs of an interpleader, and in the event of his not doing so, 
 the bailiff mav, in liis own discretion, abandon the seizure. 
 
 ^ "*— j-rf 
 
OHSEIIVATIOXS ON IHK ACl' AND 1U;LES. 
 
 11!) 
 
 In ea<e the clainuuil ^o drsiivs. hv may deposit with the 
 , ^,j,i,^. ^„^ ,,„„„,, „jual to the vah.e of the property seized, 
 or to thr amount lor uliich the seizure has been imide. what- 
 ,,v,r .h,di !,e the lesser suiu. The money is to be paid into 
 (nun to abi<k- the decision of the Judge. See Kale 3o. 
 
 Mnxi-vs I'Aiu Int.. ( nLUT.-Seetion 302 and lUile 163 
 „v identieal as to the .lisposal of moneys paid into Conr . 
 TlK- <eetion ot the Act re-iuires that the notice shall be given 
 ,,„., payment of any sum whatever. Where an order ,s 
 n.ade for'paynient i,y instalments, some derks ha^^ contracted 
 ^,,, H,,.it of not giving the notice until the n^st.dments cU.- 
 cunu.late. This is a mistaken vievv of their duty ihe 
 notice shonld he given upon the i.ayment of each instalment, 
 (tf course the clerk is entitled D his postage. 
 
 C.KTs IN TiiK CAisK.-The co>ls ..f all proceedings, 
 x^hich form i.art of the regular proceedings in the canse, are 
 .H'ncrallv understood as costs in the cause, and the party en- 
 "titlcd to" costs receives them from the opposite party. 
 
 'rRAXSMiTTixd— I'osTACK.— When a clerk is required 
 1„ oive notice of a new trial or to transmit papers, -he is en- 
 titled to the necessary postage together with his fees at the 
 tinu.. The rule in this resjiect is that the clerk shall act on 
 receiving fees and necessary i)ostage. See Ihile 283«. 
 
 Where ])apers are sent to the Judge, and which will have 
 to lu' returned by him. the necessary stamps for rctnrn post- 
 age shonld be enclosed. 
 
 It is required by liule i:.3 that every clerk npon being 
 furnished with the necessary postage, or post card,^ shall 
 answer promptly all reasonal)le enquiries touching snits by 
 j.arties thereto, their solicitors or agents. 
 
 FoRi-EiTruK ()F Fees nv Uailife.— If a bailitf omits to 
 make return of service of snmnions within the six days, as 
 re.piired by the nile (183), he forfeits his fees; neither can 
 thcv be charged as costs in the eatise. 
 
 I 
 
120 
 
 DIVISION COURTS ACT. 
 
 CoRREsroNDEXCE. — CoiTcspondciicc witli the inspec- 
 tor's department' is always proni])t]y attended to. Wlien 
 answers are sent to letters received from the department, the 
 mimher of the ollicial oommnnication should he driven. 
 Ne^dcct to do so, where the corresiiondenco witli the same 
 ]iarty has reference to se}>arate suits and dilVert'ut suhjeets, 
 delays matters and leads to troul)le and confusion. Suitors 
 and solicitors as well as officers of the Courts should specially 
 note this. 
 
 Some clerks and l)ailitTs are constant oll'enders in this 
 respect. Their carelessness, as they should know, in small 
 details of duty of this kind is no recommendation of tlioir 
 attention to duties of greater importance. 
 
 Sometimes otlicers when writing for advice and instruc- 
 tions in certain circumstances, state hypothetical or sujipo- 
 sitious cases of A., B., C, etc. This is quite wrong. In all cases 
 the style of cause should he given, and the ])arti(ular>, with 
 dates, etc., taken from tlie procedure hook. 
 
 Complaints. — .Ml complaints against officers should ho 
 sent direct to the otlice of the inspector. The name and 
 nuniher of the Court, and the name of the officer against 
 whom com])laint is made should l)e given. Also the nature 
 of the complaint, the dates and amounts and style nf suit, 
 where possible. Attenti<ni to these particulars will facili- 
 tate the promptness of the enquiry. 
 
 The recei])t of money by a deputy would rendtT the 
 sureties responsible. 
 
 Wherever by the Act or rules a duty is imposed upon 
 a clerk or hailiiV, and he neglects that duty, and the pi'rsnn 
 to whom he owes the duty is damaged bct'ause of tlie want 
 of care upon the part of the officer, tlie sureties will be liable. 
 
 As a general rule damage is the essence of the aetion, 
 and if the evidence slunvs that had the duty been jjcrformed 
 the plaintitf would have derived no benefit, the, action mnst 
 fail. Xominal damages, however, may be given in cases of 
 proved or wilful nedect. 
 
 i 
 
UBSEllVATIONS <)N TllK ACT AND RULES. 
 
 121 
 
 lOir 
 
 Covenants —The form of coveuaiit has been ameudod 
 so as to place beyond any doubt the liability of the clerk to 
 the bailiir for his fees. The words introduced are as follows. 
 '' And shall pay over to any bailiif or bailill's of the Ihvision 
 Court the fees to which he or they niay l)econie en .led un- 
 der the taritf of fees, unless where the clerk and badilt other- 
 wise agree in writing." 
 
 Olhccrs of the Courts having the security of guai-antee 
 companies are required to fde the renewal i-ece.pts witli the 
 clerk of the peace periodically as received. 1 he clerk of the 
 peace is entitled to a fee of 50 cents for the filing. 
 
 T.\x\TioN OF Costs.— Sometimes unnecessary delay in 
 taxing" costs takes place for want of the proper affidavit of 
 disbursements to witnesses. As soon after the Court as pos- 
 sible the clerk should receive from the successful party an 
 affidavit of his disbursements to witnesses. The affidavit 
 mav be made before the clerk of any Division Court, and 
 forwarded l^y mail or otherwise to the clerk in whose Court 
 the judgment was rendered, and may l)e made by the party 
 or his agent. At latest the clerk should be placed in pos- 
 session of it the day before the execution is due, according 
 to tlie order of the Court, as he has commonly directions at 
 tlie time of entering the suit to proceed and collect the 
 amount claimed, which dispenses with a special direction to 
 sue out an execution, when the time given by the Judge lias 
 expireo. Where execution is "forthwith,"' the successful 
 l)arty should l)e aiforded a reasonable time in which to put 
 in this ailidavit. And in case of a nonsuit or judgment for 
 defendant, the defendant cannot be restricted as to time. 
 
 Revision of Taxation.— The proper practice for re- 
 vision of taxation is for the party dissatisiied to give notice 
 to the oppo. te party and the clerk of the Court pf his in- 
 tention to have the Judge revise the taxation of costs .at an 
 appointed time. The papers in the case should of course 
 be laid before the Judge. 
 
r 
 
 ^ : 
 
 IR 
 
 tn 
 
 DIVISION (orurs ACT, 
 
 f I 
 
 IJi:si'(»\sir.ii.i I ^■ i'"i< Costs. — Tlu' IVcs ii|iiiii cxcry pro- 
 coi'ilin,!:' HIT piivaMc in ii(lviiiicc. lint if the clerk (•lion-.ts to 
 '^\\v (i'CMJit lie \\ili\fs the lu'llflit oT lilt' scctiMii. Mollcys 
 cominii' into lii- IimihIs I'di' ;i |iiirlicul;ir [iiTson would, as 
 iiiiaiiist tliiil pcrMiii. lie (Icilnctiililo IVoni oi' (•liar,i;i'iilil" ■,>itli 
 the tVi's so iluv liv liini to ^ncli clerk. .\ person cnterin.L;- a 
 '-nit for another, and lieeoiuin^i:' lespoiisiMe for costs, -lionid 
 ri'ceixt' the money when made, independently of any claim 
 the ck'rk nM,i:lit have ayainst the ,-nit(n-. 
 
 The clei'k is not hound to pay a defendant wlio has suo- 
 fceilcd his witness \\'r> out of money deposilfd hy ]ilaintill' 
 lowaids co.-ts. if a clei'k is indehted to a liailill" Un- \'vv<' in 
 other suits, the liailill' has on that ac<ount no ri.uiit to with- 
 hold moneys collected hy him. 
 
 l"'xFoK(i\(; ^^\^■.\ll•.^■•|' oi" l-'i:i:s. — I'aynient of \'oo> may 
 he f?nmniarily ejiforced. if not paid in the first instance, hy 
 order of the .hidii'e, hy execution, in liki' manner as a .jud,i4"- 
 n:ent of the ('ouil and hy the same ways and means. The 
 dcfanltiiiL;- pai'ty mu>t have an opp";'*.unity to he heard. 
 There should he a >umni(ms to show cau>e. 
 
 ]-iEi'i.K\]X. — 111 all actions of replevi*. the Jurisdiction 
 now extends to >*5(i(i. lleretohji'e it was limited to $1(1. In 
 connection with section To, >ce liules ;5!> to (i^. inelnsivt-. 
 
 Km)oksi:mi:\'!- ON Simmons. — i''orni Is is that i-e(juire(| 
 \iy Kuh' 'w^l, as well as the section ol' the Act. \\>v notice. 
 
 SfiiSTiTL TioNAL Si. A' ici:. — ii'ule ."■);, as well as st'ction 
 Inf, provides hn- suhstitui ioiial service, and K'ule Tfi pro- 
 vides that the dudiic in anv ;^ariiisliee nroceedinii- ina\ order 
 that the service need not he personal. 
 
 Jtl)c;Mi:NT \'.\ l)|.;i-.\rLT.— See ijiiles |(tl, KM and 1!?, 
 in connection with section. 
 
 8ET-01-F AND Statitorv I )i;i-encks. — Together with 
 x'ctioli. see also Kules Ido to \\'i, 
 
 (iAi^viSTj.MivNT oi- Dlll'.TS. — Where an exemption from 
 liahility to garnishment is claimed, it is necessary h)r the jiri- 
 niary deht(U' to estalilish the hict of such exemption. See 
 
(.nsEUVATION-S (.N IMF. A- T AND ULLliS. 
 
 128 
 
 l.,le:i. S.V also Wulo.7:i,Tl.*-i-1'««^ to particular. 
 
 Sorvico of tho sunnnons on 11... .anushoo Imuls the ckl.t 
 
 until tho licnring. Sct> also \U\\v VX^ 
 As to cxccntion costs, siv lIuU' S-1. 
 
 loN-n.:ssK.N .H- UK,-.T.-S.... It.,:. !"■; .s 10 .■ciuin.- 
 
 ';;,;,;„ „,.„,,„, mU.. uu,.l.. .mn ,lnv.. n,o„tl.., ..0 oxeou- 
 
 ti,,n ciin issnc withonl an allidavit. 
 
 XoTKK 0. Nl-lla Uoxa llKTrux-^lerks should bo 
 ..a.ondto,ivenoticoto,,laintiirorn.unwd../. .^^^^ 
 ,,so of .Nccution on lran>rn,.l ol .lud,nM.ni. I onn l.».) 
 slinuld be used. 
 
 j,,k;mknt nK.>T(.i<^.-Tlu. AH ivlatin, to Division 
 Courts passed al ih. la>l s.>si„n of ih. Legislature ^(.l • 
 lS9r, amends seeti-m To of the l)ivi>ion ( ourls Act. 1.. >• u. 
 Ism. iu llie following imrticulars: 
 
 Whore a judgment has been reeovered, which but lor the 
 enactment of'the 5lh section of chapter M ot <';»th A mru^ 
 sub-section '> ol' section i!) of the Division ( ourls Act couh 
 ,,ot have been recovered in the Division ("ourt. the Court 
 or ,ludge shall uot conunit the debtor to gaol upon or in con- 
 nection with a judgment summons, where a judgment debtor 
 could n..t have been committed in respect of a judgment 
 recovered in a bi-her Court. Tn other words, where the pnn- 
 cii.al and interest of a debt are sued for separately. 
 
 Sub-sections •.' and :^ of the Act are repealed and the 
 following substituted: 
 
 -Tf lie attends and refuses to be sworn, or to make 
 answer to such questions as nuiy be imt to him,^and which in 
 the opinion of the Judge are proper ipiestions." 
 
 The amendments do not ai>ply to claims or suits npo'^ 
 debts contracted before the passing of this Act. 
 
 Sub-section 5 is repealed and the following sul)stitutcd: 
 If it appears that the judgment debtor had, when or since 
 the judgment was obtained against him, sunicient means and 
 

 i; 
 
 lU 
 
 |)|VIS|(»\ cor UTS ACT. 
 
 iiliility to pny the tlobt or (lainii^'os or costs rooovorod agniii.-t 
 liini, eitlier altogetlit'r or hy instalmonts wliiih the Court in 
 wliicli tlio judjiiiic'iit was obtained lias ordered, without de- 
 priving- IniHsell' or liis Taiuiiy of liio moans oi' living, and 
 that he has wiU'ully refused or negleeted to pay the same as 
 ordered, the Judge may, if lie thinks iit, order such i)arly to 
 be committed to the common gaol of the county in which the 
 ])arty so summoned resides or carries on business, for any 
 ])eriod not exceeding forty days. 
 
 Beyond the modillcation of the language of the section, 
 it is uot clear what the amendment has accomplished. The 
 judgment sunnnons remains, and the same jxtwer of com- 
 nuttal as heretid'ore still rests within the discretion of the 
 Judge. 
 
 JuDr.MKNT Slwimons. — A ])arty failing to attend ai - 
 cording to the reciuirenients of tlu' summons, shall not Ite 
 lialde to be committed uidess the Judge is satislied that tin-.' 
 non-attendance was wilful. 
 
 Payment for Attexdaxce. — Kule '^O'i jiroviih's that 
 in case a judgment debtor, who resides more than three miles 
 from the place of the sitting of the Court, is summoned and 
 does not atteiul, such ]U)n-attendan(e shall not l)e considered 
 wilful uidess he shall have been paid or tendered when suni- 
 Juoned a sum e(|ual to T.') cents for his day's attendance., and 
 10 cents for eadi mile from his jdace of residence to the |»lace 
 of silting of the Court. 
 
 Jldgmext ry Dei- ault.— Where nn order luis Leon 
 made hy the Judge emitowering the clerk to sign final judg- 
 ment umler section IKi, the Judge may within seven days 
 after making the order and upon good grounds shown, set 
 aside the order wpon such terms as he thinks reasonable. 
 This is also an amendment juade bv the Act of last session — 
 (U Vict. 1897. 
 
 JuDGMEXTS OE THE SUPERIOR CouRT. — Section ;» (jf 
 the same amending Act provides that no action shall 1)0 
 brought in the Division Court upon any judgment, decree 
 
 4 
 
I to 
 
 OIJSLUVATIONS UN TllK AC l' AND ULLKS. 125 
 
 vv (.nl.i- i'oi- llio luiyiiuMit of money imule l»y the High Court 
 or iho County Court, wlu'iv execution may Issuo iu ivspout 
 <,r till' siiiic. "'riiis iinuMiding Act is given in I'nll. Seo index. 
 
 (JKNKHALINFOILMATION. 
 
 CoNcLUUKNT SiMMoNSKS.— Unit' 1 •"> stiitcs that only 
 the eost of the snmmons actually served shall he allowed on 
 taxation, uidess tiie .hidge directs otherwise. Summons cau 
 only issue where there are more defendants than oiu' residinjj 
 ill ditVerent counties. 
 
 Wauxixgs.— Xo fee accompanies the service of adding 
 future days of sittings, or warning notices on summons. 
 
 XoTKKS. — The clerk is only entitled to a fee for siieli 
 nctice> as are reciuired hy tlie Act or IJules, or under order 
 of the Judge to l)e given. The clerk is entitled to the neces- 
 sary postage. I»ut not to a fic for mailing. 
 
 Coi'v OF Claim. — Under the old tariff this item was 
 cliargt'd to plaintilT, when not furnished by liim, the fee 
 allowed being 2(> cents. The ]. resent tariff allows •^■) cents 
 to be charged, and the words "to be paid by the plaintilT" 
 are omitted. The fee is to l>e taxed against the party ordered 
 to pay costs. 
 
 Skt-oif. or Coi-\Ti:iKi.AiM. — The fee allowed for this 
 item (.")) has been increased from '^0 to 25 cents, ami is now 
 also to bo taxed against the i>arty ordered to jiay costs; here- 
 tofore it had to be ])aid by defendant. 
 
 Where Case Si:ttleii. — "Where the case is settled, he- 
 foi'o the issue of summons, no fee can be claimed by the clerk 
 for entering return. 
 
 Where a case ]nit on the .Judge's list is settled, before 
 being ciilled in Court, the clei'k would not he entitled to the 
 fee of 2") cents allowed by item 20 of tariff. The case having 
 been withdrawn hy the parties from the Judge's authority, 
 he could make no order for settlement. 
 
 Settlement by the defendant, or payment by him into 
 Court of the amount, ninst be made with or to the clerk of 
 
12(5 
 
 1.1 VISION' n.nns ACT. 
 
 the Coiivt in wUi^li ih^' suit 
 nolilicd. 
 
 luis litrii ciiti'ivd, (.!• hi' imi-t he 
 
 WiiF.N Ai».ioru 
 
 ;^.,.,,._\Vh,.ir 11 ciuiM" is iidjniirn.'.l u>^ 
 
 OK 
 
 Icr of ndjouniiiicn 
 )!• the .Iiidge. 
 
 t shall lie sfrvc< 
 
 h cNci'iil l»_v dii'citi'>i\ 
 
 I'"i;|-. ON ('oN'ri:ssioN. 
 
 Tlu' I'oi' «>r 10 ct'iits lor talsiii,u' 
 
 (•{ml'i'ssinii d(K's ii'i 
 
 t iiicliKlc the ii 
 
 lli(la\il and adininistcniig 
 
 oat 
 
 h. for which a Icr of •.'.-. crnls IS allowed 
 
 ('r.KTii-ii;i> Coi'ii: 
 
 M'tilU't 
 
 .•opies is ") ct'ii 
 
 ts [icr I't 
 
 .—Tile iVv for I'nriiisliinir cortiiu'U 
 ,li,, (.r mo wonls— lo^ellirr with •.'•') 
 
 cents ai 
 
 l(k'(l loi-elfrlvV eertiluate, 
 
 (\)i'ii:s I'tiK . 
 
 to the .lud.ii'e, and I'or which i 
 
 liixiK.—C jpies of \y,\\n'r> I'of traii-iiii-K'ii 
 lo fee is otliciwi^e piovided, 
 
 10 cents each. 
 
 curry a lee oi 
 
 Dlvl-KNCT' 
 
 defence. Item lo ol 
 
 'I'liere is iio IV e now [lavalile for eiitcnni: a 
 
 the new tarilV mves a 
 
 fee of 1.') cent; 
 
 to the clerk for every notice iv4nired to he -iveii i.y inin. 
 
 Al-I-1I)A\1T 
 
 s. — It is a con 
 
 ilition that the alVidavit has 
 
 heeli preluire 
 
 ,1 hv the cleik to entitle him lo the fee of •'•> 
 
 ce 
 
 nt^ 
 
 MxTinnxc. .irixiMKXT.— iiie one 
 
 rh 
 
 fee of r>0 cent- in 
 
 lin-' and enterin«'' Jiid.uinent. Tli'' 
 vim:- jiidjiinent nntil it is convenient 
 for him to oive same. When received hy the clerk of the 
 Cnnrt. the latter is ohli-cd. forthwith, to enter the jnd-iiu'iit 
 
 chides all services of recoit 
 .7\id<:e mav iiostiione '/i 
 
 am 
 
 ice 
 
 1 notify the parties. The .uivino- of the re.iiured not 
 nld l)e' tlio only additional char^'es to which the clerk 
 wonhl he entitled. 
 
 SuMMOXixc. diHoKS.— The fee for this service is n 
 J|?].25, which inclndcs a copy for eaeli juryman. The iiarty 
 triving notice reqnirinfr a jury sludl at the same time deposit 
 th the clerk, towards costs in the cause, the proper fees for 
 
 ow 
 
 Wl 
 
 the expense? attending; t1 
 
 lo w:ii joijifin j 
 
 ng of the jury, 
 
nliSKItVATIoNS ON TIIK ACT AND ULLl>. I'll 
 
 Where there iir- sevonil ras(>s trie.1 l)y n jury, ill.' cn-^tH 
 (,r Piiiumonin- ^li""il<l ''«> proportioiiMtcly divi.lnl. 
 
 Jl-I)(;e's .Iruv.— Tlu' IVc r..r (ullin- n Ju.1j-e*s jury is 
 ^>r) (ruts: iiiul till' xrtinM iis aiiu'iuletl imw iviids. " iiii.l .■iidi 
 jmcrs.) called and sw.rn shall he paid th." >mii .d' !'• eeni-.- 
 
 In ])rovisioiial judieial districts, where ik. jury I'niid is 
 provided, the Judge's jury is that re.-orted t... 
 
 DiscoNTiNiANc r. (.1- Action.— Where a i.laiutitV dis^ 
 vrntinues tiu' aetinn. he shall give notice i)i writing to the 
 ck-rk and (hdendant. and the latter may apply to tlu' .lud-o 
 I'or an order I'or costs. 
 
 Where, in a contested case, the defendant has prepan-d 
 for trial and liei'ore the Conrt sits the action is withdrawn, 
 the .ludue may order paynu'iit (»f all the costs and also coun- 
 sel fee and disl)ursciuent9. 
 
 TuANScKii'T.— A transcri|)t of judgnu'nt to another 
 Court must issue from the Court in which judgnuMit has been 
 originally recorded, and should in al! cases he mailed direct 
 to the clerk receiving transcript. 
 
 KouKrcN l'i:i:s ox 'ruAXSCRii'T.— The projjcr amonnt 
 of a foreign clerk's fees on notice of niilld hmtii return to an 
 execution issued under transcri|)t of judgment would he l") 
 cents for receiving, 50 cents for executicni, 15 cents for enter- 
 ing haililfs return and 15 cents for notice of return. Post- 
 age and registration id' coui'sc' also to he added. Sonu' clerks 
 fall into the error of putting costs, in every ease, at $1.0:5, 
 and collecting that amount from the defendant, whereas, they 
 are only entitled to c(dlect <S(J cents— that is, receiving 15 
 cents, issuing 5(1 cents, and entering return 15 cents. No 
 notice or [)oslage is reqniivd where a defendant pays. 
 
 After a transcript has iss\icd, the home Conit has no 
 further right to deal with the case, except hy order of the 
 Jndge,"or nnder r.3 V. c. 12, s. 24, which reqnires the fding 
 of an aHidavit of facts with the clerk to warrant the issue 
 of anv further ])roccss. lie cannot, cither as agent for the 
 
I ' 
 
 ' I! 
 
 ■ 
 
 128 
 
 DIVISION COURTS ACT. 
 
 juclgmont crotlitor or otherwise, order tluit the money made 
 shall !)(.■ irniismitted to himself or to any other person. 
 
 As tiiere is now no transcript issued to the County Court, 
 si:ch portion of Ihde 134 as refers tlu^reto has no proper ap- 
 jiilcation. 
 
 liule 1-15 as to ])laee of eleik's ollice is rendered nugatory 
 I»y section 9, which empowers the Lieutenant-Governor iii 
 Council to desigmite the jjlace where the ollice shall be 
 situated. 
 
 The Ordkr Book required to l)e provided by Rule IK) 
 should be brought into constant reijuisition by clerks. It is 
 at once a convenience and a protection to themselves. 
 
 Ihile 1-17 lias been superseded by the form of procedure 
 book j-iven in Schedule B to the Act. 
 
 l^de 1(51 is amended by section 150, as to the Judge 
 jjostponiiig judgment. 
 
 Execution Against Lands. — \n case an execution 
 acrainst goods has been returned niilla bona, and the sum re- 
 maining unsatisiled on the judgment amounts to $-10, an 
 execution against the lands of the debtor may be sued out, 
 and directed to the sherilf of the county in which the return 
 had been made, or to the sheriff of any other county in the 
 Province in which lands of the l)arty in default may be 
 situated. 
 
 Tlio shcrifT must make his return direct to the clerk of 
 tlie Court, to whom money made is to be ])aid over. 
 
 Xo execution against lands can issue to {\\v. shei'itt until 
 a nulla bona return has first been nuide. 
 
 Promptitude in Returns Required. — The fee of 30 
 cents, provided by item 28 of taritT — receiving papers irom 
 anotlier division for service, etc. — is cou])led with the condi- 
 tion — " if the return made pi'omptly, not otherwise " — and 
 should be ])orne in mind by the oilicers of the Court. 
 
 Fees and Charges. — The fee for making out a state- 
 ment of costs in detail has l)een increased from 5 to 10 cents, 
 and must show i+ems of IjailifC's fees allowed, if any. 
 
 m 
 
OUSEUVATKJNS OX THE ACT AND RULES. 
 
 129 
 
 oci'duro 
 ' Judue 
 
 Tlie clerk shall determine the number of witnesses to be 
 fillowed, when taxing costs. He should satisfy himself that 
 the witnesses attended and that the claims made for witness' 
 fees are just, and he may also require to be furnished with 
 an atVidavit of disbursements. 
 
 On returning process received from foreign Court, the 
 clerk should give a correct statement in detail of the items 
 of all charges made for fees and disbursements of service of 
 or execution of process. 
 
 DiTV c)i^ ('Lia^K AS TO Bailiff. — It is the duty of the 
 clerk to see that his bailiff is vigilant in the iierformance 'A 
 his duty; to see that all returns of process are made promptly, 
 and to enforce the ])enalties for rcgligence by disallowing the 
 bailiff his fees, where the latter officer is culpal)le and does 
 not make returns within the time required. 
 
 Wouns ]-oR Tii]': Bailiff. — b'ecent clianges in tlie tarit'T 
 will l)e found upon the whole more favourable to llie bailift 
 than, formerly. What are considered "reasonable disburse- 
 ments ■" are now more accurately defined. So are tlie items 
 relating to bailiff's poundage. In this connection the olTicer 
 >liould nevei- fail to remeudjer that it is only after seizure be 
 can justify his claim. 
 
 I'nder l\*ule 298, where the ^tarty having the control of 
 an execution or attachment insists upon the bailifE nuiking 
 an attem])t to find pro})erty, whereby mileage and ex])enscs 
 are incurred, the clerk can require that a deposit should bo 
 made w ith him of the amount of tlic bailiff's fees; and pro- 
 vided a ]iroiter (althougli unsuccessful) endeavour shall ha\o 
 been made, to the satisfaction of tlie clerk, the bailiff is en- 
 titled to his mileage. Tliis is a decided im])rovement on the 
 old state of things, when, no matter what troul)le a bailiff took 
 or exi)ense be might have incurred, he got nothing for his 
 expenses unless he was fortunate enough to nuike the money. 
 
 Clerk's Fees, as per Tariff. — The fees to the clerk 
 under items 1 and 2 remain the same as under the old iarilT. 
 
 I'.C.A,--'J 
 
 ■II 
 fcll 
 
 I 
 
'I I' ; 
 
 . 
 
 130 
 
 DIVISION COUHTS ACT. 
 
 So in roplovin and intorploadcr suits, the value rd' ilio 
 goods regulates the I'ee. 
 
 In item 15, co])y of suniinons, the fee is iuereasrd from 
 2i) to 25 cents. 
 
 Co])y of elaiui — a like increase has taken i)lace, and copy 
 set-oif, item 5, the same increase, from 'iO to 'i^y ceni<. lias 
 been made. 
 
 Thest' two latter items inay now be chai-ged as costs in the 
 cause. Foruierly they were cluirgi'd to either the plainritl' 
 or defendant. 
 
 In item (! — receiviug and entering — no change ha> lieen 
 made, the fee remains at to cents. 
 
 Xo fee may now be charged for entering defeneo. The 
 25 cents allowed by item T of old tariff has l)een drojiped. 
 
 Taking confession of judgment, item S uf old tarilf, 
 is now item 7. The fee remains the same. 
 
 Item 1> — formerly item 10, furnishing copies. of jiapcrs — 
 has been modified. A fee of 5 cents i)er folio of l()(i wofds 
 has been substituted, and a charge of 25 cents is allowt'd lor 
 the certificate l)y item 10. 
 
 Item 11 gives 25 cents for certifying tinder the seal of 
 the Court, and for making up memorandum of judgment 
 and costs against a judgment debtor for the judgment 
 creditor. 
 
 The 10 cents each for cojties of pn])ers for which :i;« 
 fee is otherwise ])rovided, recpiired for service or transmission 
 to the Judge, remains as heretofore. If the document ex- 
 ceeds two folios, 5 cents per folio may l)e charged. 
 
 Items i;?, II and 15 remain the same as 11, 12 and V^ 
 of the old tarifT. 
 
 The fee allowed under item 15 — entering judgment — 
 does not a])i)ly to any proceeding on judgment summons. 
 The one fee of 50 cents includes the service of recording at 
 the trial and entering order made in tlie j)rocedure hook. Tf 
 a garnishee ]iroeeeding, before judgment, the fee of 50 cents 
 will be allowed in each case for fhe judgment in respiY-t of 
 
 I 
 i 
 
 4 
 
 ,1 
 
OBSERVATIONS ON THE ACr ANJ) RULES. 
 
 131 
 
 lit' 
 
 tariir, 
 
 \]ie primary debtor, and for the adjudication agr.inst the 
 f;arnishee. 
 
 Ircm IG — sul)poena to witness — this item lias hecn in- 
 creased to 25 cents, from 15 cents allowed under the old tarill*. 
 Hie fee of 5 cents each for copies remains the same. 
 
 Tlio $1.25 allowed for summoning jury and copies re- 
 el uired for each juryman is an amendment to the old tariff, 
 where the item (15) was summons to each juryman, 10 cents. 
 
 Calling and returning jury, ordered hy the Judge, is 
 made item 10, and carries a fee of 25 cents. 
 
 The fee on order of reference and orders requiring signa- 
 inre of the Judge, item 20 (17, old), remains unchanged, ex- 
 cept made to include the final order on judgment debtors 
 examination. 
 
 Item 21 gives the same fee as heretofore (item IS) of 
 25 cents on transcript. The transcript to County Court 
 being done away with, there is, of course, no fee now. 
 
 The fees on execution and warrant and renewals, 23 and 
 21, remain as heretofore. 
 
 Item 25 permits a cliarge of $1 for bond, including affi- 
 davit of justification and execution. Formerly 50 cents was 
 llie fee under item 21 of old tariff. 
 
 Items 20, 27, 28 and 29 (new), 22, 23, 24 and 25 (old), 
 remain unchanged as to the fee allowed. 
 
 Item 30 (2(), old), taxing costs, 25 cents, remains the 
 Fame, but is only cliargcablc " after judgment has been pro^ 
 nounccd." 
 
 The additions are: 
 
 Item 31 — ]\raking out statement of costs in detail, 10 
 cents. This will include the bailiff's fees, and the charge 
 can be made only to the party at whose request the statement 
 is furnished. 
 
 Item 32 — Taxing liailifT's costs — relates to baililT's fees 
 when the goods in his possession have been taken by the she- 
 riff under the Creditors' Relief Act. 
 
 
 .1 
 
1 
 
 182 
 
 DIVISION' C(»URTS ACT. 
 
 Xcitlier f»f tlio latter two items a])plies to statement of 
 costs endorsed nn tlie siiiiiiiinns, I'or wliieli no foe can Ite de- 
 manded. 
 
 Bailifi-'s Fkks, as pku Tarii-f. — Tlie fee of lo cents, 
 for calliii.i:- pai'ties aiul tlieii' witnesses, is extended to tlu' 
 lieariny- d' judiiiiient suniiiions, for M'liicli the same fee is 
 allowed. 
 
 Tile fees for enforcing writ (item r»), remain the same 
 as here. ifore. Item (') (and not iti'iii 1) now settles the fee 
 to whiili a hailiir is eiilitlcil for I'liforciji"' writ of replevin. 
 
 Fees nnder "Tlie Ci'cditors' ]{elief Act" shall be taxed 
 according)- to the tarilf. in such cases all costs and disl)iirse- 
 ments of tlie haililf shall he a iii'st charge on the goods, and 
 shall l)e paid liy tlu' shei'itV on demand, after heing taxed hv 
 the clerk. 
 
 The mileage item. iin(k'r iiein 8 in the old tariff, is now- 
 divided into two iteiiis. as will l)c seen on reference to table. 
 
 Going to arrest umlcr warrant, when arrest is made, l"-* 
 cents ])er mile. 
 
 Carrying deliiKpiciit to ))rison. including all ex])ensos, 
 '30 cents per mile. 
 
 Practically the fees are the same as heretofore. 
 
 The language of item T of the new tarilf varies a little 
 from that of the old. but the mileage allowed is the same — 
 1? cents for every mile, one way. This has been construed 
 not to permit of n charge heing made for a fraction of a mile. 
 
 The items i'ov making out schedules of property seized, 
 including atlidavit of ap[)raisal, remain unchanged at 30, ■')() 
 and To cents. So with the fvi'^^ of .■•)0 and l."") cents for taking 
 liond and giving notice. 
 
 Item 13 and sub-items define reasonable ;illowances and 
 disbursements, specifically and in detail, which was not the 
 case in the old tariff. 
 
 P>y item 14 the bailifT's poundage is given, if the execu- 
 ti'in be satisfied in whole or in jiart, after seizure and before 
 sale, at three y.or cent, upon the amount directed to be levied. 
 
 ^jpr 
 
OBSERVATIONS ON THE ACT AND lU'LES. 
 
 i:]:} 
 
 or on the ainoiint of the value of the pro^ierty sfeized, uhicli- 
 ever is the lesser sum. 
 
 The I'ull i)()Uiulago of 5 per cent, is allowed upon the 
 amount realized from property necessarily sold. 
 
 Where a second execution is received while goods under 
 seizure, a hailiif is entitled to a fee for " enforcing "" only. 
 
 A bailitf gets his mileage on going to seize, but none on 
 going to sell. Jt is considered that the poundage covers tlio 
 latter. 
 
 Where a hailitf lias several summonses and executions in 
 liis hands in ditl'erent suits, and serves and executes them in 
 one journey, he is entitled to mileage in each case and to his 
 ])roper fees. 
 
 Wliere a baililf travels to serve several defendants in the 
 same suit, he is not entitled to full mileage from the clerk's 
 oihce upon each, Init only to the mileage from point to point 
 on the distance actually and necessarily travelled. 
 
 A bailitf is entitled to no fees whatever where by his 
 own act he abandons the seizure, exce})t as provided l)y Kule 
 2i)8. 
 
 A bailiff has no claim to fees when be acts upon process 
 that has exjured. 
 
 No mileage is ail.;wed for unsuccessful attemjjts to effect 
 service. 
 
 MISCELLANEOUS NOTES. 
 
 An execution cannot be legally enforced, nor a warrant 
 of connnitment legally executed by a bailitf 's assistant; only 
 by the hailitl' himself or his properly appointed deputy ca]i 
 this duty he performed. 
 
 Accepting Cheques. — A clerk accepting cheque on 
 ])rivate l)ankers and giving receipt for money is liable though 
 bankers fail. 
 
 Adding Interest. — Clerks should be careful to add 
 and collect interest. Interest is to be charged up to date of 
 ])ayment. 
 
 rii 
 
134 
 
 DIVISION conns act. 
 
 Counsel Fee. — Section 'vM4 of tlic Act directs that 
 where counsel, solicitor, or a^a-nt has been employed in a suit, 
 a fee .■ 'V: or $10 may be allowed. Hide 2SS says tliat the 
 Judge ilk 'i not direct a fee to lie taxed unless such agent is 
 a barrister or solicitor. 
 
 Bailiff's Fees to Be Pah) to Clluk. — It is provided 
 by section GO that at the time of issue of execution the bailiff's 
 fees thereon shall lie paid to the clerk. This is for the i)ro- 
 tection of the bailiif; what the bailitf's fees may be being a 
 matter of uncertainty. If he finds nothing to seize, tlieru 
 may be no fees payable, mileage in such case not being al- 
 lowed, except under J^ule 298. But where parties settle, after 
 seizure, to the prejudice of the baililf, the latter is protected. 
 
 Process Must not Be Delaved. — Once acted upon, 
 l)rocess of the Court cannot afterwards be delayed until fees 
 are paid. 
 
 Warrants of Commitment continue in force for six 
 months from date. A warrant may be renewed for a further 
 period not exceeding six months. 
 
 Return Within Six Days. — AVhen a baililT forfeits his 
 fees, if return not nuide within six days after service, the day 
 of service is not included. 
 
 Attendance at Clerk's Ofitce. — An arrangement 
 should be made 1»y a l)aililf for regular attendaiu:-e at the 
 clerk's office to receive papers. The copies for service should 
 be carefully comi)ared with the originals. Clerks should 
 assist the bailifTs of their Courts in seeing to this. 
 
 Issuing Co^LMlssIONS. — JMU'mcrly commissions had to 
 be returned to the County Court and cosfs had to be taxed 
 on tlie County Court scale. This is no longer the case. Re- 
 turns are now made direct to the clerk of the Division Court, 
 and the costs are in the discretion of the Judge. The rules 
 of the Supreme Court of Judicature apply to all commjssions 
 out of Division Coiw-ts. 
 
 ''*# 
 
OHSEIIVATIOSS ON THE ACT AND UULES. 185 
 
 Jidgf/s Power of Removal.— Clerks and bailiffs were 
 j,pp, 'into.l by the County Court Ju(l<:os np to March, 18J10. 
 The .lii(l-e>;"had then full power of removal of all ollieers. 
 Xow a .Indue may remove only a clerk or l)ailifF within his 
 count V. wiiii was"ori,<rinally api)ointed by a Judj-e, and can 
 do no' more than suspeiul an olUcer appointed by the Govern- 
 ment. 
 
 DisorALiFicATiox.— Clerks cannot practice as barristers 
 or solicitors, nor can they ajipoint such to act for them ns 
 deputies. This should be borne in mind l)y clerks when ap- 
 ply in i:' for leave of absence. 
 
 ].EA\E of Absence.— In case of sudden illness or un- 
 avoidal)le accident the clerk may, with the approval of the 
 Judge, appoint a deputy to act for him. The inspector may 
 orant leave of absence (not exceeding two months) to olHcers 
 iov any sullicient reason. 
 
 The appointment can only be made by a bailitf tempo- 
 rarily where he is unable to perform the duties, with the ap- 
 proval of the inspector. 
 
 Service out of Division. — If a baililf intends to re- 
 fuse to serve or execute any process out of his division, he 
 should notify the clerk immediately and refuse to receive 
 the writ. If he receive it with iho intention of acting, he is 
 responsible for its execution. 
 
 Judgment. — The decision of the Judge, if not pro- 
 nounced in Court, only becomes a Judgment when duly en- 
 tered in the procedure book by the clerk. AVhen receiving a 
 l)ostponed judgment clerks should bear this in mind and 
 forthwith make the necessary entry. 
 
 Solicitor's Lien. — A set-oft' will not be allowed to the 
 prejudice of a solicitor's lien for costs. A solicitor by whose 
 eil'orts Judgment has been recovered has a lien thereon for the 
 costs of the action in which it was recovered. 
 
 Deputy Judge — A deputy Judge cannot give judgment 
 after the expiration of the i)eriod for which he was appointed. 
 Xeither is he a justice of the peace, as the senior and Junior 
 Judges are for every county and part of a county. 
 
 I 
 
 m 
 
 U 
 
 11 
 

 ■■'% 
 
 lit i. 
 
 i .li 
 
 I'M 
 
 DIVISION COURTS ACT. 
 
 Judgment Over Twextv Years Old. — An lutioi: is 
 not maintainable ui)on a jiulgnient over fwoiily \v;\v< uM 
 without a })ayini'nt or acknowii'diiuu'iit in the meant iiiif. 
 If execution has is.sued on a ju(l<iinent witliin >i\ years, tluM't^ 
 is no necessity for a revival within twenty years. 
 
 ExA.MixATiox (IF (iAKXisiii';E. — A garnishee jnay be 
 examined as a judjinu'ut debtor. 
 
 A'ew 'J'RiAt.. — Ajtplication for a new trial niii>t br made 
 according to K'ule •v\'^;). and care should be taken in (iliscrvm^- 
 its requirementi«. The Itdlowing ;ii'0 groumls f<u' granting u 
 new trial: — 
 
 Impro]ier admission or rejection of evidence. 
 
 Tmj)ro|)er nonsuiting of [ilaintilV, misdirection oi' iiun- 
 dircction of jin-y. 
 
 Perverse verdict, or verdict against the weight of e\ i- 
 dence. 
 
 Verdict too small or too jircat. 
 
 Surprise and discovery of new evidence. 
 
 The Judge, of course,, has power to grant a new trial u|mn 
 the ground that his judgment was wrong either in law or in 
 fact upon the evidence before him. 
 
 Appkai.. — An appeal lies i'nnw either the granting or 
 refusal of a new trial. 
 
 The application for stay of proceedings should be made 
 by the party i)ro])osing to appeal. 
 
 Pavmext ixto Court.— Payment to clerk will anunmt 
 to i)aynient into Court. 
 
 Ariutratiox.— Parties cannot l)e compelled to arbitrate. 
 When ordered, the ccnisent of the parties is necessary. The 
 dudge Jiiay impose terms. Trustees and executors mav >ub- 
 mit. 
 
 Jf the costs are to abide the event, the arbitrator cannot 
 make any disposition of them. 
 
 LiAiuLiTV oi- JcncE.— A County Judge is not aiiswer- 
 i'.lde m an action of trespass for an erroneous judgment, or 
 for the wrongful act of his otiicers, but he is responsible f..r 
 an act done l)y his command when he has no jurisdiction. 
 
OHSEUVATIONS ON THE ACT ANI» IMl-KS. 
 
 i:i7 
 
 llllll- 
 
 v\\- 
 
 As regards Judges and judicial olllcen^, the general rule 
 i^ that il' tiu-v do an act beyond the limit oi" their authority, 
 causing injurv to another, they are liahk' fur it. I'.ut if done 
 within^'tha't limit tlirough an erroneous or mistaken judgment 
 they are not lialile. 
 
 I'osTAc.K.— Stamps for return postage must now he en- 
 closed l)V i.arties asking for infornuUion from the otlicers of 
 the C'ou'ri. Heretofore clerks were compelled to answer liV 
 postal cara wliere no stami)s had been received. Now th-y 
 are not obliged to answer unless return postage has been sent. 
 
 Lia-.AL Tkxdku.— Strictly speaking, a tender to he legal 
 should be Juade in legal coin. ^ I'p to $10, it may be nuule in 
 silver, and to 2'i cents iu coppers. I'.ank notes are a g..od 
 tender, if not objected to. So is a tender made in the form of 
 a checiue, when no objection is nuide. A tender is not good 
 where the money is not jjroduced. 
 
 A i)laintitr may be nonsuited after i)lea of tender, if lu> 
 does not appear. Notice of the plea and j-ayment should at 
 once he communicated by the clerk to the })laintitf. 
 
 ]kU)NKV IN CoruT.— The plaintiff cannot get money paid 
 into I'ourt until the suit in which it is paid is determined, 
 unless the Judge otherwise orders. 
 
 Statute of LiMiTATioNS.--The statiite commences to 
 run when the right to bring an action has accrued. In all 
 ordinary cases of account, promissory note, and mercantile 
 transactions, suit shall he commenced within six years. 
 
 Actions for rent ui)on an indenture of demise, actions 
 upon bond or other si)ecialty, or upon a recognizance, must 
 lie commenced within twenty years. 
 
 Action upon an award, when submission is by specialty, 
 for an escape, for money levied on execution, within six years. 
 
 Actions for penalty, danuiges, of sums of money given to 
 the ])arty aggrieved by any statute, within two years. 
 
 Actions for rent, which term is made to include all an- 
 nuities and periodical sums of money charged upon or payable 
 out of land, and actions for the recovery of land, within ten 
 years. 
 
I 
 
 
 1 ;J8 
 
 DIVISION COL' ins ACT. 
 
 Suits uy Minors. — In suing- for anything hut wiuc-, a 
 minor must procuiv tiu' iilti'iuhinct' of a lu'.xt I'l-ii'ml at the 
 otlice of the ck-rk nf the Court at the timo of entering the 
 suit, who must untlei'tai<e to he re-sponsilde for costs. A minor 
 has six years to hi'ing an action after attaining his majority. 
 
 ^fAKUii:!) ^^'t>.Ml■:^■. — A nuirried \V(jman may he surely 
 for an otlieer of tlie Court, |)rovi(Ie(l she |)ossesses sutlicient 
 estate. Mari'ied women are not liahle to commitment on judg- 
 ment summons. 'I'lu'y may sue and he sue(h A nuirried wo- 
 man may sue iu>r husl)and for loans made him after marriage. 
 
 Claims Less 'I'iian ^I'k — Should a summons i'or a claim 
 less than ^l.") not lie [»ersonally served, a plaint iff would liave 
 to j)rove his claim to entitle him to judgmi'ut. 
 
 liKFKliJvXCKS L\ KIJ.KS COHKKCTKD. 
 
 in tlie revision of the statutes (H. S. O. 1S!»;), the con- 
 solidation of the Division Courts Act and the several amend- 
 ing Acts passed session after session during the ten years 
 since the previous revision, necessarily Ted to changes in the 
 sections of the Act as it now stands. Conseciuently the refi-r- 
 ences in some of the ruh's, heing to the sections of the Act 
 as it stood in l!SST, would he found misleading. The follow- 
 ing are tlierefore given as the corrected references: — 
 Section lUl is section foi, K. S. O. 181):. 
 
 a 
 
 « 
 
 (( 
 a 
 
 a 
 
 « 
 
 83 
 83 
 
 D8 
 
 iir 
 
 1(1!) 
 1:7 
 
 1T8 
 
 no 
 
 l(i;W\; 104 
 
 in 
 
 21.-) & ni 
 
 2;5.-) 
 
 85 
 
 8(1 
 
 102 
 
 120-4 
 
 114 
 
 182 
 
 182-3 
 
 2T(i 
 
 114-,5 
 
 io:-8 
 
 1 1 .-) 
 
 221-3 
 
 243 
 
 
 
 " 240 247 "' 
 
 " 123 & 126 127 & 130 " 
 
 " 14(; lo2 
 
 " 20s 214 " 
 
 I 
 
m 
 
 liEVISl^D 
 
 RULES, OllDEHS AND FORMS 
 
 Ol' TIIK 
 
 Division Courts of ilic Province of Ontario. 
 
 
 ADOPTED BY THE BOARD OF COUNTY JUDGES. 
 
 1 
 
 Cdiiw into f( rce lut Jnlij, 1891. 
 
 RULES. 
 
 TDIK OF OPKKATION. 
 
 I. Tilt' rules oi' praetico, and the forms now in use in 
 the several Division Courts shall, on and from the tirst day 
 of July, A. I). 181)4, cease to he used, and in lieu thereof, the 
 following shall, on and from such day, he the rules, orders 
 and forms in force and used in said Courts. But any action, 
 process, order, judgment, or proceeding, pending, existing 
 or in force in any Division Court at that time, shall not he 
 Iherehy affected, hut shall continue and remain, and so far 
 as necessary, he proceeded with under these rules and forms, 
 if applicahle, or otherwise under the rules and forms hitherto 
 in use, or as the Judge may direct. 
 
I' I 
 
 t 
 
 140 lUVrsloX «(»(ltT.S A< T. 
 
 INTKlil'JfKTA'rio.V. 
 
 3. Ill toilet I'uiii;;' ilicsc riilt's iiiiil Inniis, iml('>> oilirr- 
 wise dt'dart'd ov iiulifati'd liy tlu' context, tlic lollovsin"- 
 woj'ds sliull liavc till' st'vcnil iiiciiniii;:s licroliv assigned to 
 thi'iu over and above tlieii" scseral urdiiun'v iiicaniii;;s. viz.: — 
 
 (1) Tile word "Alt " >liall mean The IHvir-ion Conrts' 
 Act (Uevised Statutes of Ontarin. ilia[»lei' ."il) nnd iiny 
 aniendin<jf Act or Acts. 
 
 (y) The word "party" sliall mean a pai'iy to a >iiit or 
 |»rocoedinj..'. and shall include every |terson s^ei'ved with no- 
 tice of. or atteiidin,^:' any |l^o^•eedin^^ altlnnigli not nanii-d in 
 the siinunons or jiaiticulars of claim. 
 
 (|{) 'J'he woi'd " person " shall include any hodv e<jr- 
 porate or politic, or party, and the heirs, executors, adminifj- 
 trators or otlii'i- le;ial representatives of siuch person., to whom 
 the context may ai»[>Jy according to law. 
 
 (4) The word "executor" shall he held tu end)race and 
 mean "of the last will and testament," and shall extend to a 
 })arty acting as such of his own wrong, and the word ' ad- 
 ministrator " shall be held to endtrace and mean "of the 
 ])ro])erty of, etc.*' 
 
 (o) Words importing the singular number, or the mas- 
 culine gender only, shall include more persons, parties or 
 things of the same kind than one, and females as well as 
 males, and the converse. 
 
 {()) The word "oath" shall Ije construed as meaning a 
 solemn alhrmation, or statutcry declaration, whenever the 
 context applies to any i)erson and case by whom and in which 
 a solemn alhrmation or statutory declaration may be made 
 instead of an oath, and in like cases the word " sworn "' 
 shall include the words "■ athrmed " and " declared." 
 
 (T) The words "Home Court" and "Home Division"' 
 shall mean, respectively, the Court and division from which 
 process originally issued. 
 
INTKlll'ltKTATIoN. 
 
 ill 
 
 and 
 
 lo a 
 
 a.l- 
 
 (8) Tlic words " I'orcigii Couil " and '• iMH-oi^n Divi- 
 sion " shall mean, ri'S|i<'ctiv('ly, the Cuurt an<i disi^ion into 
 wliicli {ii'oci'ss is issued from another Court. 
 
 (!i) 'I'he words -.lud^'e,"' " Clerk "" and *• 1 '.a ill IT" shall 
 he taken to extend and apply t<» the junior, deputy, or act- 
 in.i; .Judaic, <ti" deputy or acting' elei'k, oi- deputy or noting 
 hailitV (iis the ease luay he or may require). 
 
 (10) '* IMnintin"' sliall include every person askin;,' 
 an/ relief (otherwise tluui hy way of eounter-elaini as a de- 
 fendant) aj.'ainst any other person l)y any form of proceed- 
 in.ir. whether the snnio he taken hy action, suit, pt'tition. mo- 
 tion, .summons or otherwise. 
 
 ('11') "'Petitioner" shall include e\(MT ])erson makinpj 
 any application to tlio Court or Jndi-e either hy petition, 
 motion or summons, otherwise than as against any dcf"n- 
 dant. 
 
 (12) ''Defendant" sliall include every person served 
 with any writ of summons or process, or served with a notice 
 of. oi- entitled to attend any jtroeeedings. 
 
 (i;i) The word "county" shall include two or more 
 counties united for judicial ]»urposes, or foi" ]»urposeri to 
 \\hich an enactment relates. 
 
 (11) The words "the claim" shall mer.n the demand, 
 or the sid)jcct niotter for which any suit or proceeding is 
 hrought or instituted in a Division Court. 
 
 (15) The word "process" shall mean any summons, 
 writ or warrant issued under the seal of the Court, or a 
 dudge's summons or order. 
 
 (in) "Court" means the Division Court having juris- 
 diction in the action, matter or proceeding. 
 
 (IT) " Clear days" means thrt in nil cr.ses in which any 
 ])articular numher of days is prescrihcd for the dolntj of any 
 act. or for any other jturpose, the same is to he reckoned ex- 
 clusive hoth of the first and of the last day. 
 
 iM 
 

 ]12 
 
 DIVISION COURTS ACT. 
 
 1 ' 
 
 (18) '• Ju(1<rnicnt " moans tlio final decision of the Court 
 or Judffc in any action, or the cnterinij of final jn(l<i'iiicnt )iv 
 tlic clerk, Avlicn a claim is not disjnited, as ])rovided hv '•^ec- 
 tioii 101) of the Act. 
 
 (10) ''Order"' means the iinal decision of the Court or 
 Jiid<ie in any matter, and also any decision of tiie Court or 
 Judire other than iinal in any action or matter. 
 
 (20) "Security covenant "' means the covenant roiiuired 
 to he fvirnishcd l)y a clerk or hailitf of a Division Court, in 
 |tursuance of any statute re(iuirini;' security from any such 
 ollicer. 
 
 (21) "Goods, chattels and jiroperty "' mean, ,<:"ods, 
 chattels, cattle, sheep or other animals or ])ro|)erty, money, 
 money's worth and effects seized or seizahle in execution or 
 u]ion an attachment, or which may he distrained or made 
 cxigihle to the satisfaction of a judgnuuit in the Division 
 Court. 
 
 (22) I'or the inirjioses of section 101 of the Act. the 
 word '' agent " shall he held to include — 
 
 (a) Tn the case of a railway com])any, a station-master 
 having cliarge of a station helonging to the rai^/.vay 
 com])any. 
 
 (Ji) In the case of a telegraph, company, a person liaving 
 charge of a telegraph ofTice hclonging to the tele- 
 gra]ih company, and 
 
 (r) Tn the case of an ('N]iress company, a ])erson luiving 
 charge of an express oflice helonging to the express 
 com])any. 
 
 (23) Otherwise than as hereinhefore ju-ovided for. The 
 Interpretation Act o^ Ontario, and the interpretation clauses 
 of The Judicature Act shall apply to these rules and foi-ms. 
 unless there he anything on the suhject or context repug- 
 nant thereto. 
 
 (24) The word "folio" shall n.ean one hundred wn-d--. 
 
CLAIM AND IWRTICULARS. 
 
 I4;i 
 
 iie 
 
 f 
 
 CLAIM AXI) PAimcrLARS. 
 
 iS Every claim should show the names in full, and the 
 iirescnt or last known ])lace ofabode of the i)arties, and must 
 lie legible, and delivered to the clerk at his office. But if the 
 ])laintiif is not acquainted with the defendant's name, in full, 
 he may describe him by his surname, or by his surname and 
 the initial letters of his Christian name, or by such name lis 
 he is o-euerally known by. The defendant shall, in the pro- 
 cess, be describci" .is he is in the claim, and such description 
 may bo taken to be valid, and all subsequent ])roceedl:)os 
 uiay be taken and had in conformity with such description; 
 })rovided that the Judge may, upon ap])lication of any ]»arty, 
 and ni)on such terms as he may deeui just, make any amend- 
 ment as to such name or descrii)tion. 
 
 This rule is subject to the provisions of the Act in case 
 of co-partners. 
 
 4. The claiui shall contain a statement of the particu- 
 lars thereof, or of the facts constituting the cause of action, 
 and of the sum or sums of money claimed in respect thereof. 
 [-!uch- ])artieulars shall be framed in ordinary and concise 
 language. The Judge may, on such terms as he may deem 
 just, permit or require such statement to be amended, or fur- 
 ther or other particulars to be furnished. 
 
 5- Tn any suit brought under the provisions of the S2nd 
 section of ':he Act, the claim shall contain a statement (form 
 No. i:) ov to the like etfect. 
 
 il. In actious in a Division Court, against officers and 
 their su.'eties, on the othcers' security covenant, tlie claijn 
 shall l)e as in form No. 18, and the proceedings shall be the 
 same as in oniinary cases. 
 
 7. Wiiere the excess is abandoned, it shall be done, in 
 the first instance, and in the claim. AVhere such has not 
 ben done, the Judge may, upon such terms as he shall see 
 lit at any time thereafter, but before judgment, permit such 
 abandonment, in which case an entry thereof shall be made 
 in the ]iroceedings. 
 
 ?v! 
 
 d 
 
'lr*f 
 
 144 
 
 DIVISION C'orilTS ACT. 
 
 
 I 
 
 , PROCESS. 
 
 ' 8. All first process, witli tho exception of warrnnts of at- 
 tachment issued by justices of tlie ])eace. shall Ix; issiu-.l 
 under the seal of the Court, he siyned hy the clerk, dated 
 the day on which tlu' claim is entered for suit, and numbered 
 to corres])ond with the claim nn which it issnes. 
 
 ». The first jn-ocess issncd in a suit under the seal of the 
 Court shall, for all i)urposcs, be held to be the commence- 
 ment oi' the action. 
 
 10. The first ]»rocess for a recovery of a debt or money 
 demand, or for a tort or other ])ersonal action, may he a 
 summons and called "' ordinary summons." (Form J'J). 
 
 11. Tn actions for the recovery of a debt or money de- 
 mand, where the particulars of the plaint ilfs claim are j-iven 
 with reasonable certainty and detail, the iirst ])rocess may be 
 a summons, form No. 4<, wluch shall be called, - special 
 summons." 
 
 12. AVhero nn nh'n.'< or plnrlcs ]u-ocess becomes neces- 
 sarv, it shall be dated on the day on which it actually issued. 
 
 l:$. "Where tlie plaint ill sues under the '^?!»th section of 
 the Act. the proceed injis may be by "ordinary summons.' 
 or ''special summons." At the end of the ])articulars or in 
 addition to tlie notices and warnings on the summons, the 
 notices and warning set forth in form \o. 5".' shall be given. 
 
 11. T.eave to bring an action uiuler the s;'.rd section <'.f 
 the Act may be granted by the .hidge, on jtroduction of an 
 affidavit, form Xo. 2'^, and in the >uuiiuons it shall be stated 
 " Issued l)y leave of the -Tudge."' 
 
 im. Where there are more defendants than one. and 
 they reside in dilTerent counties, concurrent summonses may 
 issue for the service of the defendants residing out of the 
 county in which the action is brought, but the costs oidy (d* 
 the summonses actuallv served shall he allowed on taxation. 
 
SERVICE OF SUMMONS. 
 
 unless the Judge directs otherwise; and such concurrent 
 summonses shall correspond with the original, and be marked 
 in the margin " Concurrent summons." 
 
 SKRVK'E OF SUMMONS. 
 
 Hi. Kvery summons shall be returnable on the eleventh 
 day after the day of service thereof upon the defendant, in 
 case the defendant, or one of the defendants, resides in the 
 county in which the action is brought; in case the defendant 
 does not reside, or in case none of the defendants, if there bo 
 more than one, reside in tlie county in which the action is 
 brouglit, such summons shall be returnable on the sixteenth 
 
 day after the day of such service. 
 
 *^^_ 
 
 17. The summons with a copy of the account, or of the 
 particulars of the claim or demand attached, shall be served 
 ren days at least before the return day thereof. 
 
 IN. Tn case tlie defendant does not reside, or in case 
 none of the defendants (if there be more than one), reside 
 in the county in whicli tlie action is brought, the summons 
 jiiust Ije served fifteen days at least before the return day 
 (hereof. 
 
 lO. Tn case of defendants having different or separate, 
 and not Joint interests, in an action, the summons must be 
 served on any defendant residing out of the county in which 
 Ihe action is brought, fifteen days, at least, before the return 
 day thereof, 
 
 SrBSTITrTIOXAL SERVICE. 
 
 90. "Where it is made to appear to the Judge upon afli- 
 davit that reasonal)le efforts have boon made to effect per- 
 sonal service of the summons upon the defendant, primary 
 debtor or garnishee, and either that the summons has come 
 to the knowledge of the defendant, ])rimary debtor or gar- 
 nishee, or that he wilftilly evades service of the same, or has 
 absconded, either before or after the issue of summons, or 
 is out of the Province of Ontario, but having in Ontario an 
 
 D.C.A,— 10 
 
 ilk; 
 
 Mi 
 
 i 
 
146 
 
 DIVISION COURTS ACT. 
 
 ■ 
 
 oflice and an nti'.'nt (loin^ l)nsinoss on his behalf, the Judge 
 may by order/ grant leave to the plaintitT to serve the snin- 
 inon< in such manner, at such place, or upon such person, 
 for tiie defendant, primary debtor or garnishee, as to huu 
 may seem proper, and may grant leave to the plamtilf to i.ro- 
 ceed as if personal service had been effected, subject to such 
 conditions as the Judge may impose, and in the same order, 
 tlR. Jiuh'v n.av direct that all further notices and orders in 
 the suit' up to iudgment may be serNcd in the same manner 
 as he has dirc( ted siihstitutional service of the summons. 
 
 t*l !• very summons i>sued against a corporation, lirm 
 or imlividual."not having its chief place of business v/ithin 
 the Province, and all subsequent pajiers and proceedings m 
 the action or proceeding in Avhich the summons has been 
 issued n av be served on tlie agent of the corporation, firm 
 or individual, whose oflice or phu.' of business, as such agent, 
 is either within the division in which the summ.ms issued or 
 is nearest thereto. 
 
 22. Tender the f^^rd section of the Act, the leave to be 
 oraiitcd for issuin- a summons shall be by the Judge before 
 whom the action is to be tri.'d under the order, but no leave 
 shall l:e -iven \n bring a suit in a division other than th.« 
 one adjacent to the division in which the i^arty to b.^ sued 
 rrsidrs! but the division may be in tlie snme or an adjoining 
 county. 
 
 FT.OODlXn T.AXDS IX CF.l^TAIX DISTKICTS. 
 
 2». Anv action under .V> V. e. K, (Ontario), for flood- 
 ino- Innds, wliere the sum claimed does not exceed $20. niay 
 be" commenced bv ordinary summons, and tli(> proceedings 
 thereafter shall lie as in any ordinary case. 
 
 NOTTCF. ox WUIT AS To CIIAXGR OF VENUE. 
 
 24. The notice rcipiircd by section 9S of the Act shall 
 be endorsed on the summons and be signed by the clerk in 
 the words of form No. 48. 
 
41 
 
 Ali.SCOXDlNti DKirroKS. 
 
 RENEWAL OF WRIT. 
 
 2»i. \o oritiinal writ of sniiimons shall be in force for 
 luoi-e tlian twelve months from the day of tlie date thereof, 
 incliulino- the day of said date; hiit if any defendant therein 
 named sliall not have been served tlierewith, the ])laintill' 
 may, before the exi)iration of tlie twelve months, apply to a 
 Jiidiie for leave to serve the writ after, and notwithstanding 
 the lapse of, the said period. 
 
 i/i) The Judp'e, if satisfied that reasonable efforts have 
 been made to serve such defendant, or for other 
 good reason, may order that the service shall be 
 good if made within twelve months from the date 
 of the order, and so from time to time during the 
 currency of the further period allowed. 
 
 {h) The writ shall in such case bo renewed by being 
 marked with the date of the day, month and year 
 of such renewal, to be so marked ])y the clerk upon 
 delivery to him by the ])laintilT, his solicitor <n' 
 agent, of the Judge's order. 
 
 ((') In such case, the original writ shall be available to 
 ])revent the operation of any statute whereby the 
 time for the commencement of the action is lim- 
 ited, and for all other purposes, from the date of 
 the original issue of the writ. 
 
 AMENDMENTS. 
 
 20. In case a sjjecial summons is issued, when an ordi- 
 nary summons should have been issued, or vice vcrsd, tlie 
 same may be altered or amended by order of the Judge, 
 either before or at the hearing, on such terms as the Jiulge 
 mav direct. 
 
 ABSCONDING DlvHTOKS. 
 
 9'7. In all cases where an attachment shall issue 
 (whether the suit be commenced by attachment in the first 
 
f 
 
 148 
 
 DIVISION' COUUrS ACT. 
 
 instance or not), unless tlio dofondiuit shall have been \n'v- 
 scnally served, the hearinji or trhil shall not take plaee until 
 a month after the seizure under the attachment, nnless the 
 Judge shall otherwise order. 
 
 U.S. AVhen several jiersons sue out warrants of attach- 
 ment atminst an ahseondiug, removini>- or concealed dehtor, 
 each one of such atiachinj: credit(n-s may eiiler a defenee, 
 set-otf or connter-claim. and call and examiue, and cro<s- 
 exaniine ^\itnesses as to any deht or claim proved m- at- 
 tempted to be proved aiiainst the del)tor, or as to such set- 
 olT or counter-claim, in the saiue way and to tiu^ same extent 
 as the dc])tor himseU' might do, were he Mersonally to appear 
 and defend the suit, on any ground whatever. 
 
 39. Before issuing an attachment against an abscond- 
 ing, removing or concealed debtor, it shall be the duty of 
 the clerk to see that immediately following the statement in 
 the atlidavit of the amount due to the attaching creditor, the 
 cause and subject of sucli indebtedness is i>roi)erly si't fortli 
 according to form No. 2G. 
 
 J$0. In case several judgments have been rcco\c'rcd 
 airainst an absconding debtor, it shall not be necessarv lo 
 issue execution u])on each such judgment; but one execution 
 against the property seized upon the attacluuent shall issue 
 for the sale thereof to satisfy the judgments of those credi- 
 tois, and enough of such i)roperty as shall be sullicient to 
 satisfy the said judgments and costs, may be sohl thereumh-r 
 according to law. (Form Xo. 1.')';'^/). Or if the property has 
 1 een ])reviously sold as perishable. (Miougli of the proceed^ 
 may be a])])lied by t1u> clerk to satisfy such judguu'nis and 
 costs, without execution. 
 
 J$l. Tlu' ]»rococds of siu'h execution, or of tlie sale of 
 the property, shall, after deducting all costs, remain in the 
 liands of the clerk, and be distributed rataldy amongst «uch 
 creditors as are entitled to share therein to the extent of 
 their claims, and the surplus, if any, shall 1)e paid to the, 
 person entitled thereto. 
 
ABSCOXniN'G ItEHTOnS. 
 
 149 
 
 in) AVlioro the amount levied l)y tlic hailifT, or in the 
 liands of or eolleeted l)y the clerk, is not sufTieient 
 to i)ay the execution dehts, and satisfy the judj;-- 
 nients of all creditors entitled to share in the dis- 
 trihution. with costs in full, the money shall he aj)- 
 ]ilicd to the i)ayment, rataldy, of such dehts and 
 cost^ of the creditors, after retaining the haililf's 
 fees, and after ])ayment in full of the costs taxed, 
 and the costs of the execution, to the creditor at 
 whose instance and under whose attachment or ex- 
 ecuton the seizui'e and levy were made. 
 
 (A) The clerk shall, before distrihuting the money, prc- 
 l)are for examination hy the debtor and his credi- 
 tors, a list of the creditors entitled to share in sucli 
 distribution, with the amount due to each, for prin- 
 cipal, interest and costs, the total amount to be dis- 
 tributed, and the amount jjoing to each according 
 to such ratahle distril)ution. 
 
 {(■) Any jiarty entitled to or interested in any money or 
 debt attached or made, hy virtue of an attachment 
 or otherwise, against an absconding debtor, in the 
 hands of the clerk or bailitf, who is not satisfied 
 with the ]>roposed plan of distribution thereof by 
 tlie clerk, may ai)}ily to the Jiulgc for an order to 
 correct or change such distribution. 
 
 ((/) 'J'he clerk shall deliver or send (prepaid and regis- 
 tered), by ])ost, to each creditor, a notice that the 
 said list has been so prepared, and may be exam- 
 ined at liis office, at any time within five days from 
 the day of the date of the notice; and that unless 
 within ten days after tho day of the date of the 
 notice, objection to such list has been tiled with 
 the said clerk, the said list shall be binding upon 
 all ])artics concerned, unless the Judge shall other- 
 wise order. 
 
 K 
 
 hW 
 
15G 
 
 DIVISION' COURTS ACT. 
 
 INTERPLEADER. 
 
 J$2. AVlion any claiin slmll ho made to, or in respect of 
 any goods or cliallels. ])roiH'riv, or security, taken in execu- 
 tion, or attached, under the ])rocess of any Division Court, 
 or in respect of the proceeds or value thereof, l)y any hind- 
 lord, for rent, or by any i)erson, not being tlie party against 
 wlioni sucli ]>rocess has issued, and a summons has been is- 
 sued, on tlie ajjplication of tlie ollicer cliarged with the e.\- 
 cjution of such i>rocess, such summons shall be served in 
 .Mich lime and manner as is directed for service of an ordi- 
 nary summons to a])])cai'. 
 
 (a) If tlie goods or chattels, property or security were 
 seized or attached while in tlie ])oss('ssion of the 
 claimant, the case shall proceed as if e attaching 
 creditor were the plaint ilf and tlie claimant were 
 the defendant. In all otlier cases, it sliall jiroceed 
 as if the claimant were the ])laintilf and the exe- 
 cution or attaching creditor were the defendant. 
 
 33. Tlie claimant shall, Avithin five days after the day of 
 service of the summons n])on him, deliver to the baililT, or 
 leave at the oilice of the clerk of the Court, a i)articnlar of 
 any goods or chatti'ls, ])roperty or security, alleged to l)e the 
 ])ro])erty of the claimant, and the grounds of his claim, set 
 forth in ordinary and concise language; or. in case of a claim 
 for rent, tlie amount tliereof, for what ])eriod, in resjiect to 
 Avhat ]n'emises the same is claimed to be due, and the terms 
 of holding; and any money paid into Court shall l)e retained 
 by the clerk until tlie claim shall be adjudicated ui)on; pro- 
 vided that, l)y consent of all ])arties, or without such con- 
 sent, if the Jiidge shall so direct, an interpleader claim may 
 be tried, although these rules may not have been complied 
 with. 
 
 34. Ill case the claimant shall not have complied with 
 the rule in respect of delivering a ])articular of his claim,, 
 the Judge may, upon such terms as he inay direct, allow 
 him to deliver the same. 
 
ABSCONUINO DEBTOUS. 
 
 151 
 
 »5. Where the claim to any goods or chattels, property 
 or security, taken in execution or attached, or the proceeds 
 or value thereof, shall be dismissed, tlie costs of the baililV 
 sliall bo allowed to him out of the amount levied, unless the 
 Judge sliall otherwise order. 
 
 (a) Wliorc, under sub-section 3 of section 2G'J of tho 
 Act, the claimant to goods taken under process, 
 claims damages from the creditor or from tho 
 bailiir, for or in respect of the seizure of the pro- 
 perty, he shall, in the particulars of his claim to 
 the goods, state the amount he claims for damages 
 and the grounds upon whieh he claims such dam- 
 ages. 
 
 {b) Whore a creditor claims damages against a hailiif 
 arising out of the execution of any process, he shall, 
 live clear days before the day upon wliich the in- 
 terpleader is to be tried, deliver to the bailiff a 
 notice of such claim, stating the grounds and 
 amount of such claim. 
 
 ((■) Where a elaim for damages, imder sub-section 3 of 
 section 2G9 of the Act, is made against a bailit? 
 and creditor, or cither of them, they, or either of 
 them, may pay into Court money in full satisfac- 
 tion of such elaim for damages, and such payment 
 into Court shall be made in the same manner and 
 have the same effect, and the parties respectively 
 shall have the same rights and remedies of defence 
 and counter-claim as they would respectively have 
 if the proceeding were an action in which the 
 claimant was plaintitf and the bailiff and creditor 
 defendants. 
 
 I 
 
 hi 
 
 (d) Interpleader sunnnonses shall be issued by the clerk, 
 on the application of the bailiff, and shall be served 
 on the claimant and creditor, or upon any solicitor 
 or agent who acts for the claimant or creditor. 
 
II 
 
 f 
 
 152 . DIVISION' COUllTS ACT. 
 
 (c) Interpleader siiiiiiiioiisert plinll he issued froiu the 
 Court from wliieli the proct'ss issued, or the Court 
 holden for the division in wiiich the seizure under 
 the process was made, at the ojjtion of the hailit]', 
 and tlie eri'diloi', and fhiimant shall he summoned 
 to sueh Court, hut suhjcct to the jjowit of the 
 Jud^-'c in liis diseretion to change the idace of trial. 
 
 (/■) In every ease in which an execution or attachnu^nr 
 has heen issued to a haililV who has seized })ropertv 
 as helon«iin^' to a jud,i:ment or ahseondiu",' dcl)tor, 
 if the hiiiliir (inds thut there is an ineumhrance or 
 lien upon the property, or ^ucli a claim niiuh' tliere- 
 to as is ])rovided for in section '^(i!) of the Act, it 
 shall he tile duty ol" the hailill", forthwith, to notify 
 the i)arty who issued tho process, of such ineum- 
 hrance, lien or claim; and if the ])arty i.-suin_<f such 
 ])rocess insists ujion the hiiililf maintainin<i' such 
 seizure, it shall he incumhent upon him to deposit, 
 with the clerk, a suHicieiit sum of money to indem- 
 nify the clerk and the hailitf against their costs of 
 an inter))leader; and in the event of his neirlecting 
 or refusin<,^ to do so, the ImiUlV may, in his own 
 discretion, ahandon the seizure, and the ])arty who 
 issued tile process shall be barred, unless the Judge 
 shall otherwise order. 
 
 ((j) In case the claimant so desires he may dejjosit with 
 the hailitf an amount equal to the value of the 
 proi)erty seized or attached, or to the amount for 
 which the seizure or attachment has heen made, 
 whichever shall bo the lesser sum, to be by such 
 bailiff ])aid into Court to abide the decision of the 
 Judf^^e u])on such claim, and thereupon the bailiff 
 shall re-deliver the ])roperty to the claimant. In 
 case of disacrreement as to the value of the pro- 
 perty seized or attached the matter shall be decided 
 by the clerk or the Jud<'-o. 
 
 36. It shall be lawful for the dud<-e, upon the applica- 
 tion of any party to any action or nuitter pending in the 
 
 
WIIICN fioODS IIKI'LKVIAltl.K. 
 
 15a 
 
 (V)Tirt, to make iiiiy ordiT lor the siilc. I»_v tlie hailitl' or by 
 nnv iic'i'soii naiiK'd in such order, mid in siicli niaiincr and on 
 snch terms as the ,Tnd<i-e may think reasonalde. of any i,'oods, 
 cattle, property, wares, or merchandise' which may he of ii 
 ])erislialih' natuie or which incur cluir^vs for food or kee[)in^-, 
 or which for any other just and sullicient cause it may l)e 
 pi'opei' to iiave sold at once. 
 
 :17. The claimant of ,-:'oods, chattels, cattle or ]iroperty 
 referred to in section :.'(i!» of the Act, must in making- hi.>4 
 <laim, if he wishes to prevent a sale thereof, deposit with the 
 l)ailitf either the a)nount of the value of the jioods claimed — 
 (sucli value to he fixed by appraisement, in case of dispute) — 
 to he hy such haililf i)aid into Court to abide the linal result 
 of the pi'oceedin«is upon such claim: or the ^um which the; 
 hailitf shall l)e allowed to cliar<,a^ as costs for keeping: jmsscs- 
 sion of such jioods, chattels, cattle or property until such 
 decision can he obtained, and in default of the claimant so 
 doinii'. tile biv shall sell such jroods as if no such claim had 
 been made, and sliall i)ay into Court the jtroceods of such 
 sale, to abide the linal decision of the matter. 
 
 JIKI'LKVIN. 
 
 U.S. The Division Courts have jurisdiction in all actions 
 of replevin, in case the value of the good.s oi: other projierty 
 or ell'ects distrained, taken or detained, does not exceed the 
 sum of $00, and in case the title to land is not brono'lit in 
 question. 
 
 WIIKX (lOODS RKrLl<:VIABl.K. 
 
 ;jl>. 'Wherever any jroods, chattels, deeds, bonds, deben- 
 tures, jiromissory notes, bills of exchanoe, books of account, 
 jiapers, writin<2:s, valuable securities, or other ])ersonal pro- 
 ]ierty or effects have been wrongfully distrained, under cir- 
 cumstances in which hy the law of Enfrland, on the fifth day 
 of December, one thousand eijiht hundred and fifty-nine, re- 
 ])levin might have been made, the person complaining of 
 such distress as unlawful may obtain a writ of replevin in 
 (lie manner prescribed hy these rules; or in case any such 
 
 W 
 
 M 
 
 '% 
 
i! 
 
 m 
 
 lot 
 
 Divisrov (oruT-i a<t. 
 
 goods, cliattels, ))roj)orty or cll'i'its liiivo hooii otliorwiso 
 Nv roiigi'ully takt'ii or (lotaiiuHl, the owner or oilier person, or 
 {•or])oratiou ciii)iil)]t; of iiiaiiitaiiiiii^ an action of trespass or 
 trover i'or personal property, may brin^' an action of replevin 
 i'or the recovery tliereol", and I'or the recovery of dania^'es sus- 
 tained by reason of such unlawful caption and detention, or 
 of such unlawful detention, in like manner as actions are 
 hrouyht and maintained by ])erson.s complaining u! unlawful 
 distresses. 
 
 40. Xo party to au action (n- ])roceedin<;' in any Division 
 (.'ourt shall replevy, or take out of the custody of the bail ill', 
 or other ollicer, any personal property seized by him undei- 
 process against such ])arty. 
 
 41. In actions of replevin, no other cause of action .-hall 
 be joined in the summons. 
 
 42. The action may bo brought in the Division Court 
 for the division within which Uw defendant, or one of the 
 defendants, resides oi- carries on business, or where the goods, 
 or other proi)erty or elfects have been distrained, taken or 
 detained. 
 
 V,i. Xo wi'it of replevin >IialI issue out of anv Division 
 Court: 
 
 1. Vnless an order is granted for the writ on an alTi- 
 ilavit by the ])erson claiming the jiroperty, or some other 
 person, showing to the satisfaction of the .fudge the facts 
 of the wrongful taking or detention which is complained of, 
 as well as the value and descri]»lion of the ])roperty, and that 
 the person claiming it is the owner thereof, or is lawfitlly 
 entitled to the possession thereof (as the case may be). 
 
 2. Or miless the ])erson claiming tiie property, bis ser- 
 vant or agent, makes an atlidavit, which shall be entitled and 
 filed in the Court otit of which the writ is to issue, stating: 
 
 (a) That the i)erson claiming the property is the owner 
 thereof, or that he is lawfully entitled to the pos- 
 session thereof (describing the property in tin; 
 atlidavit); 
 
WHKN <i()0\)H HETM.KVIAHLE. 15$ 
 
 (h) The value thereof, to the best of his belief; 
 
 (r) 'I'Imt the i)ro|iorly was wroiifjfnlly taken out of tlio 
 ])ossossi()ii of tilt" claimant, or was fraudiilciiiiy 
 ^^ot out of his ])oss(>ssioii, uithiii two calendar 
 iiioiitlis next hefoi'c tlu' niakiii<,' of the atVulavit; 
 
 ((/) That the deponent is advised and helieves that the 
 claiiiiant is entitled to an order for the writ; 
 
 ((■) And that there is j^ood reason to ni)i)rehend that nn- 
 less the writ is issued without waitinjf for an 
 01 'jr, the delay would materially ]irejudice the 
 just rights of the claimant in respect to the pro- 
 perty. 
 
 3. Or (in case the property was distrained for rent or 
 damage feasant), unless the i)erson claiming the property, 
 his servant or agent, makes an allidavit (which shall be en- 
 titled and tiled in the Court from which the writ is to issue). 
 
 stating: 
 
 (a) That the person claiming the pro])erty is the ownei' 
 thereof, or that he is lawfully entitled to the pos- 
 session thereof (describing tlie property in the 
 atndavit); 
 
 (h) The value thereof, to the bet of his belief; 
 
 {(■) That the ])roperty was taken under colour of a dis- 
 tress for rent or danuige feasant, and in such case 
 the writ, shall state that the defendant has taken 
 and unjustly detains the property, under colour 
 of a distress for rent, or damage feasant (as the 
 case may be). 
 
 44. "Where an application for an order is made, the 
 Judge may proceed on the ex parte application of the plain- 
 titf, or may direct notice to be i^orved on the defendant to 
 show cause why the writ should not issue, and nuiy on the 
 c.r parte application, or on the return of the motion to show 
 cause, grant or refuse the writ, or direct the bailitf to take 
 
 'Ml 
 
156 
 
 DIVISION CorKTS ACT. 
 
 a bond in loss or more tiian tiTl)lo llie valiio of the properiy, 
 or niav direct iiiiii to taia' and detain the uropertv until Ihr 
 further order of the Judge, instead of at once replevving 
 tlie same to the plaintilf; or nuiy iiiij)ose any tei'ins or condi- 
 tions in granting the wi'it, or in refusing the same, as nmh'r 
 tlie circumstances in evidence apjiears Just. 
 
 4»'>. Ill actions of re])levin, the Hrst process sliall l)e a 
 writ of replevin and suinmons, caHed " sumnions in re[)leviii"' 
 (Form Xo, ! '^Flu' (h'se-ription and Aahic of the ])ropertv 
 shall he stated in the writ. 
 
 4(5. On entering a claim in reiilcvin, the ])lainti(V nuist 
 specify and (k'scriin'. in a statement of particulars, tlie catth' 
 or the several goods, ciiattels or other pro[)erty, or elfects 
 distrained, taken or detained, and the distress or otiier takin, 
 or detention of which he complains. 
 
 47. Before the haililT acts on the writ, he shall take a 
 bond wit), sullicient sureties in treble the valiu' of the jiro- 
 }ierty to be rejilevied, as stated in tlu' writ. The bond shall 
 be assignab to the defendant; and the bond and assign- 
 ment thereof may be in the words or to the elfect in the 
 Forms Xos. (I.") and (Ki, the condition iiein"- Aaried to corre- 
 sjiond with the writ. 
 
 4H. Tile bond sliall Ije subject to the |)rovisions of sec- 
 tion S, chai)ter 1], of the Act i)assed by the Imperial I'ar- 
 liament in the eighth and ninth years of the reign of liis 
 Majesty King "William the 'Hiird. 
 
 4t>. Where a writ of rcjilevin is sued out for any per- 
 sonal property which had not been previously taken out of 
 the jdaintiffs possession, and for which the plaintilf miglit 
 have brought an action of trespass or trover, the defendant 
 shall bo entitled, if the plaintilf fails in the action, to be fully 
 indemnified against all damages sustained "'y the defendant, 
 including any extra costs which he may incur in defending 
 the action, and the ])ond to be taken by the baililV shall be 
 conditioned not only as heretofore re(}uired in that behalf, 
 but also to indemnify and save harmless the defendant from 
 
 ^ 
 
WHEN GOODS REPLEVIAP-LE. 
 
 157 
 
 all loss and daiuage which he may sustain by reason oi' the 
 seizure, and of any deterioration of the property in the mean- 
 time, in the event of its bcint? returned,, and all costs, charges 
 and expenses which the defendant may incur. This rule 
 shall not ai)i)ly to cases of distress for rent or damage feasant. 
 
 »>0. Jn else till' wi-il issues without an order, the bailitf 
 shall take and detain the ])roperty and shall not replevy the 
 same to the i)laintilT without the order of the Judge in that 
 hehalf, hut may, within fourteen days from the time of his 
 taking the same re-delivei- it to the defendant, unless in tlio 
 meantime the plaintilf oi)tains and serves on the bailitf an 
 order directing a dill'erent disposition of the property; but 
 this rule shall not ai)[)ly in case of a distress for rent or 
 damage feasant under Rule No. 43, sub-rule 3. 
 
 51. Tn case the i)roperty to be I'eplevied, or any [^.i.t 
 thereof, is secured or concealed in any dwelling house lt 
 other building or enclosure of the defendant, or of any other 
 person holding the same for him, and in case the bailiff pub- 
 licly demands from the owner and occu])ant of the premises 
 deliverance of the projierty to be rejdevied, and in case the 
 same is not delivered to him within twenty-four hours after 
 such demand, he may, and if necessary shall, break open 
 such house, building or enclosure for the jiurposc of re])levy- 
 ing such ])roperty oi" any part thereof, and shall nuike re- 
 plevin according to the writ aforesaid. 
 
 ♦52. If the pro]ieity to be re})levied, or any part thereof, 
 is concealed either about the person or on the premises of the 
 defendant, or of any other person holding the sanu' for him, 
 and in case the baililf demands from the defendant or such 
 other ].erson deliverance thereof, and deliverance is neglected 
 or refused, he may, and if necessary shall, search and ex- 
 auiine the person and premises of the defendant, or of such 
 other ]:erson, for the })urposc of replevying such property or 
 any ]iart thereof, and shall make replevin according to the- 
 writ. 
 
 4:' 
 
158 
 
 DIVISION- COrUTS ACT. 
 
 I 
 
 an. Tlio hailiff sliall return tlie writ at or before the re- 
 turn (lay thereof, aiul slial] transiiiit annexed tliereto: 
 
 (;-:) Tlie nanies of tlie sureties in, and the date of the 
 bond taken from the plaintiff, and the name or 
 names of the witnesses < hereto. 
 
 (//) Tlie place of residence and additions of the sureties. 
 
 {(■) The nuud)er, (juantity and (juality of the articles of 
 l)roperty re])levied; and in case he has replevied 
 only a ])ortion of the property mentioned in tli.' 
 w, ■. and cannot re|ilcvy the residue ])y reason c I' 
 tlu' same having been removed or carried. 
 {ehi(incil) o«,i of tlie county by the defendant, <-r 
 not heino- in the possession of the defendaid, or 
 of any other ])ers()n for him, he siudl state in \\\< 
 return the articles whicli he cannot rejilevv. and 
 the reason whv not. 
 
 54. If the bailifT makes such a return of the property 
 distraiiu'd. taken or detained '-aviiio- l)ccn rlni;/n('<l. then upon 
 the tiling-- of such return, a writ in irilhrnuim shall he \>^^\\r<\ 
 by the clerk who issued the sum,:'ons in replevin: and hef..re 
 executin- such writ the haililf shall take se.Mirily, 
 vided l)v K'ule Xo. 47. 
 
 pi'o- 
 
 i 
 
 *>»"5. A copy of the writ shall he served on the defendant 
 personally, or. if he cannot he found, by leavin-- the copy at, 
 his usual or last place of abode, with his wib'. or some other 
 grown person being a mend)er of his houselu.ld. or an inmate 
 of the said place of abode. 
 
 iiti. ^riic c,,|,y of the writ shall not be served upon the 
 defendant until the haililf has replevied the property, or soiue 
 part of it, if he cannot replevy the whole, in consequence of 
 t..c defendant having removed or cairied {eloigned) the same 
 ou. 3f the county in which he is bailiff, or because the same 
 IS not in the pos.session of the defendant, or of any other 
 person for him. 
 
WHKN (iOOlJS HEPLKVIAIU.E. 
 
 ]5!) 
 
 »5T. In case it is sliown by anidavit to the satisfaction of 
 the JihV^o, that service of tlie writ cannot 1)0 made npon tlie 
 defendant in any of tlie modes anthorized l)y tlie preceding 
 rules, such Judge may grant leave to the ])laintilf to serve 
 the writ and statement of })articii]ars in such manner, at such 
 ]ilace, or upon sucli ])erson for the defendant, as to him may 
 seem projier, and may giant leave to the plaintiff to proceed 
 as if personal service had hecn ell'ected. subject to such con- 
 ditions ;is tl;e .ludge may impede. 
 
 HH. Tn case a writ of replevin is issued, or in ease an 
 order is made therefor, the defendant may at any time, or 
 from iime to time, on notice to the jdaintilf, ap[)ly to the 
 Judge on atlidavit or otherwise, to discharge, vary or modify 
 the writ or order, o;- to stay ))roceedings under the writ, or 
 for any other relief, to lie si)ecined in the notice, with re- 
 s]iect to the return, safety or sale of the jtro^ erty or any part 
 thereof, (u- otlu'rwise; and the Judge may make such order 
 thereon as, under all the circum^iiinc; s, be-i consists with 
 Justice between the partit's. 
 
 50. in case the derendant has been duly servi'd with a 
 copv of the writ and statement of [larticulars, then, unless 
 the defendant has left with the clerk within eight days after 
 the day of service (where the service is re(iuired to be ten 
 days before the return), or within twelve days after the day 
 of service (where the service is reipiired to bo tlfteen days 
 liefore the return), a notice in writing that he intends to dis- 
 pute the claim of the plaintiiV, it will be considered that he 
 has no defence, and the jdaintilf may ]irocee(l in the action 
 in the same manner as if the defendant had ai)peared and 
 !iad admitted the ])laintifl:'s right to the possession of the 
 goods, and final judgment may be entered as if by default. 
 r>ut the Judge may, on suflTicient grounds shown, and on 
 such terms as to costs and otherwise as he thinks just, let the 
 defendant in to defend. 
 
 . «0. Tn case the plaintiff becomes entitled to sign judg- 
 ment by default, lie shall be at liberty to sign final judgment 
 for the sum of two dollars and costs, according to the proper 
 
 f, 
 
 iw 
 
 m 
 
m 
 
 ■ 
 
 IGO 
 
 DIVISION COUiriS ACT. 
 
 scale, but sliall not lie entitled to recover a larger .sum. ex- 
 cept \\\)on ail assessment before a Jiuliic or jury, or ujioii 
 lilin<>' the -written consent of the defeiKhint or his solicitor, 
 and an atlidavit veri lying the signature to such consent. 
 
 HI. The derendant may at any time, not less than six 
 days before tlie day a|)]ioiiited for the trial, jiay into Court 
 such sum as he thinks a full satisfaction for the [)laintiir's 
 lemand, together with the jilaintilfs costs up to the time of 
 such ])ayment. 
 
 C2. Tn case the defendant in an action of replevin shall 
 pay money and costs into Court, and shall leave with the clerk 
 a consent in writing that the re|)levin bond be delivered up 
 to be cancelled and an exjiress waiver of all right to the pro- 
 perty replevied, and ihe plaint ilf accepts such money, the 
 proceedings in the said action of replevin shall iheiu-et'orth 
 cease and be discontinued. 
 
 iiil. It shall not lie necessaiy to have fornud pleadings 
 in replevin actions. 
 
 at. Kitliei' party may re{|uire a jury in an action of 
 re])levin. when' the value of the goods sought to be recover- 
 ed exceeds .$'^0. 
 
 <»♦>■ AVhei'e the distress is foi' nMit, or for any other 
 claim for which a distrt'ss may be lawfully taken, and the d<- 
 fendant succeeds in the action, if the derendant shall so ]•(>- 
 (pure, the dudge shall, if the action has been tried without 
 a juiT. and the jui'y shall, if the action is tried with a jui'v, 
 find tlu' value of the good> distrained, and if tln^ value i,e 
 less than the amount of rent or otherwise of money in arrear, 
 judgment shall be given Tor the amount of siu-li value; but 
 if the amount of the rent, or such other sum of money in 
 arrear, be less than the value so found, judgment shall be 
 given for the amount of such rent, or other sum of money, 
 and may l)e enforced in the same manner as any other judg- 
 UHMit of the Court. 
 
GAUNISHEK I'HOCEEDIXOH. 
 
 IGI 
 
 r sum, ox- 
 ', or ujioii 
 3 solicitor, 
 nseiit. 
 
 s tlian six 
 
 nto Court 
 
 [)laiutiir's 
 
 lio time of 
 
 levin shall 
 1 tile elerk 
 livered up 
 o tile |iri- 
 loiiev. tlie 
 leiu-et'ortli 
 
 pleadiiiLi: 
 
 action o 
 le I'ecover 
 
 any otlicr 
 11(1 the <li- 
 lall so !'(>- 
 (i witlioiit 
 til a jurv, 
 ■ valut' i.e 
 in arrear, 
 ahie; l)ut 
 money in 
 t shall he 
 of money, 
 :lier judg- 
 
 iiii. Where the distress is for damao-e feasant and the 
 delVndant is entitled to judgment for a return, if the ])lain- 
 titV sliall so require, tlie Judge shall, if the action is tried 
 \\ itiiout a jury, and the jury shall, if the action is tried with 
 ;i jury, iind the anionnt of tlie damage sustained by the de- 
 fendant, and judgment shall then he given in favour of the 
 defendant, in the alternative for a return, or for the amount 
 ol' the damage so found. 
 
 f»7. Tn all cases of i-ejilevin, other than those arising out 
 of a seizure hy way of distress, where the defendant justifies 
 I lie taking and proves his case, the judgment for the de- 
 fendant shall he for a return of the goods, with or without 
 costs, together with such damages as the defendant shall 
 liave sustained, if damages are awarded. 
 
 GAEXISIIEK PROCEEDIXGS. 
 
 OS. The ajiplication, under the ITSth section of the 
 Act. may he made to the Judge r.r parte, and upon allidavit 
 of ilu' ]U"imaiT creditor, his solicitor, or some other ]ierson 
 or persons aware of the facts, respectively, stating that judg- 
 ment lias heen recovered, and when, and that it is still un- 
 .sitislied, in whole or in part, and to what amount, and that 
 the dei)onent has reason to helieve, and does helieve, that some 
 one or more parties (naming them, or stating that he is un- 
 al.le to name them), is or are within this Trovince, and is or 
 are indehted to the iirimarv dehtor, and statino- the uature of 
 tile deht sought to he attached, and the amount thereof, if 
 known to the deponent, or that after careful encjuiry he has 
 heen uualile to ascertain the amount thereof. 
 
 til>. Any ]iersou, other than the primary creditor, uri- 
 mary dehtor or the garnishee who wishes to avail himself of 
 the benefit of the first sub-section of section 188 of the Act, 
 may apply to the Judge for directions how to proceed. 
 I'^pon such application, the Judge may. \^^o\\ such terms 
 as he shall think just, add any one or more persons as a 
 ])aity or parties to the action, either as a primary creditor 
 or intervener, or otherwise as he may determine, and may 
 
 K.C.V.- 
 
 -11 
 
 -11 
 
.^ 
 
 I 
 
 1G2 
 
 DIVISION (JOLJiTS ACT. 
 
 dispose of till inattcM'?: in disputi". mikI mako siuli order (,i- 
 orders as to costs as lie iiuyiit iiavc done jl such ik-I'soii or 
 ])crsons liad ori«iina]ly l)ccii parties to the action. 
 
 TO. Tji an action a-ainst a primary dehtor and a aarni- 
 slice, in case tlie ])i'iniary creditor fails (o ])rove his claim, 
 or is nonsuited, or jndiiinent is rendered against him, in 
 favour of tiie ])rimarv del)tor, and there is a controveisv 
 between the ])riinary dehtor and the garnishee, which thrv 
 both desire to have (h'sposcd of. the case shall proceed to its 
 termination as between tliem in the same way as if the jiri- 
 niary debtor were the plaintilf in an ordinary action, and the 
 garnishee were the defendant, and all the consequences shall 
 follow thereafter, whatever be the state of the cause, as would 
 ordinarily follow, and the same remedies and judgment shall 
 be aH'orded and rendered in all respects as between them a.- 
 there wonld supposing the j)rimary creditor had not been a 
 jiarty to the ])roceedings. 
 
 71. Where an exemption from liability to garidshnieut 
 is claimed, under the IT lib and Koth sections of the Act, 
 it shall be necessary for the primary debtor to establish the 
 fact of such exemption. 
 
 72. The warning (Form 7;]a) shall be endorsed on or 
 subjoined to the attaching order issued under section i;s 
 and on the summons referred to in section 181 and secti^m 
 ISo, sub-section 1, 
 
 7». In case a debt scnight to bo garnished is for wages 
 nr salary, the memorandum required by section 177, showiuu' 
 the residence of the j.rimary debtor and the nature of his 
 occupation in the service of the garnishee, if ho is then in 
 such service, and \vhether the debt alleged or adjudgvd to he 
 due was or was not incurred for board or lodging, shall be set 
 forth in tho statement of the plaintifT's claim, and copies 
 thereof fund^lied to the clerk, and endorsed upon or annex.'d 
 to the summons, a- rciiuired by the said section 177. 
 
 T4. The service of the summons on the garnisliee shall 
 in all cases be made at loast ten davs before the return there- 
 
OAUXISHEE I'HOCEEDIXfJS. 
 
 lO:? 
 
 order or 
 j)oi'S()ii or 
 
 1 a ii'arni- 
 lis claim, 
 
 him. ill 
 iiiroviM'sv 
 lieh tlicy 
 .'t'll to its 
 f the jiri- 
 , and the 
 ices sliall 
 as wdujil 
 lent shall 
 
 ihcm a.- 
 1 been a 
 
 lishuK'nl 
 tlic Act, 
 jlish the 
 
 h1 on or 
 Mon i;s 
 1 section 
 
 tr wau'cs 
 showiiio' 
 e of his 
 Ihcn in 
 (>d io Im' 
 ill he set 
 1 copies 
 annexed 
 
 ee shall 
 n thevo- 
 
 of, and tlie service on the primai-y debtor or debtors, ten or 
 fifteen days (aecordinfi- to the ])laces of residence of the ]iar- 
 ties to be served), before the i-etiirn thereof. If the amount 
 of the ])riniary creditor's claim exceeds fifteen dollars, the 
 service shall be jiersonal. unless the Judge order otherwise; 
 if such claim docs ]iot exceed fifteen dollars, the service may 
 be ])ersonal, or on his wife or servant or some grown i)erson 
 being an inmate of the dwelling liouse or usual place of 
 abode, trading or dealing of the person requiring to bo 
 served. , ... _.. ... ,., _ ; ...^ 
 
 73. The primary debtor shall in all cases, unless ser- 
 vice is dispensed with by the dudge, be served with the garni- 
 shee summons, and if not served, the Judge, unless he dis- 
 ]ienses with service, may, on such terms as to him may seem 
 meet, adjourn the case until such service be effected. 
 
 7<». The dudge, in any garnishee i)roceeding, may order 
 that the service need not be ])ersonal, but may be made on 
 any person or ])ersons to l^e named in the order, or in such 
 other manner as the Judge may direct. 
 
 77. "Whenever in a ])roceeding to obtain an attachment 
 of debts, it is claimed that the debt sought to be attached 
 belongs to some third person, or that any third person has a 
 lien or charge upon it, the Judge may order such third per- 
 son to ap]iear and to state the nature and particulars of his 
 claim u])on such debt, and after hearing the allegations of 
 such third ])erson, and of any other ]ierson who by the same 
 or any stdjsequent order, is ordered to a]i])ear, or in case of 
 such third ])erson not a]ii)earing when ordered, the Judge 
 may give such decision between all the ])arties as be shall 
 consider just, and may bar the claim of such third person, 
 cither in whole or in part, or make such other order, as such 
 Judge shall think fit, u])on such terms in all cases, with re- 
 spect to the lien or charge (if any) of such third ]ierson, and 
 to costs, as the Judge shall think just and reasonable. 
 
 7S. AYhero Hie summons under section 181 is to be 
 issued from an^ Tourt other than that in which the primary 
 creditor has obtained judgment against the primary debtor, 
 
 : ilii 
 
104 
 
 DIVFSIOX COUUIS ACT. 
 
 a traiisorii.t oi' .such jiidgmont ^liall be filed with iW cleric 
 of ,^iich ilM ineiitioued Court, previous to (he i^Miinu- ..f ilic 
 suiHiiious against the garnishee. 
 
 7». Xo iiayuieiit uiade ]>y a garnishee to a ])riiiiary 
 creditor before judgment given against the primary deI)tor 
 shaii discharge liim fnmi his liability, unless an order fur 
 such payment has been iirst obtaiiu'd fr..m the Ju(Kt. 
 
 ('/) Whrre a garui>hr.. pays money i„to ('„urf, and the 
 ])rimary creditor iUw^ not accept in satisfaction 
 of the amount s..iight to be ailached, the sum so 
 paid into Court, the money shall not be paid out 
 nntil after the judgnuMit, and any costs which 
 shall have I„m.u awarded to (he garnishee shall 
 be deducted llu'refrom and paid to the garnishee. 
 
 .HO Wh.Mv the garni^^he.. >hall pay info Court, Hve clear 
 day> before the day ai^poiuted f-r the trial, the a.mmnt due 
 J'""' '"•', in the judgment debtor, or an amount equal to the 
 claim of the primary cicditor, im-liidim- costs he shall lua 
 be personally liable lor any costs incurred by tlu« prinuirv 
 creditor. • i ^ 
 
 (a) The clerk shall b.rlhuith give notic,. of the pay- 
 ment into Court to the i.rimary creditor, and 'if 
 he elects to accept the nnmcy s.. paid into Court 
 hy the garnishee, and >hall send lo the ••lerk and 
 to the garnishee by post, or leave with the elerk 
 a writ((m notice stating sucli accoi)fancc, within 
 forty-eight hour, after receii)t ol" the notice of 
 payiiKMif into Court, no iuvihor ])roceedinL-s 
 against the garnishee shall b,' taken in tin- said 
 
 snit, and in the event .d' judg nt being given 
 
 therein in favinir of the jwiinary creditor against 
 Ihe ]n-iniary debtor, the money so paid into Court 
 shall, by order of the Judge, be applied upon 
 such judgment. In case the primary creditor 
 had already obtained judgment against the pri- 
 mary debtor, the said money shall, by order of 
 the Judge, be a])plied upon the same. 
 
GARNISHEE PROCEEDINGS. 
 
 165 
 
 thr clrrk 
 
 itriiiiarv 
 •y debtoi", 
 onlcf J'nr 
 :c. 
 
 , and (lio 
 lisractioii 
 
 snin ^o 
 Jiiiid out 
 (s which 
 100 shall 
 aniislu'L'. 
 
 five clear 
 •unt due 
 al to til,, 
 hall iiol 
 pi'imary 
 
 ho jiay- 
 , and if 
 
 II ( '(Mill 
 
 ork and 
 le cloi'k 
 . within 
 rttioo of 
 oodinirs 
 he said 
 ii" o-ivou 
 against 
 
 1 f'ourt 
 1 upon 
 :reditor 
 lie pri- , 
 •dcr of 
 
 {h) ['\H)n tlio return day, sliould the amount paid into 
 Court 1)0 not aooeinod, the Judge shall deternune 
 as to the liability of the garnishee to pay any 
 Iiirther sum on account of the debt claimed to 
 l)e duo from him to the primary debtor, and as 
 to the party by whom the costs of the action, 
 or any jiart thereof, shall be paid, and make such 
 order as may be in accordance with such deter- 
 mination. 
 
 (r) Jf the primary crcditnr shall not send or deliver no- 
 tice to the clerk of his acceptance of the money 
 paid into Court, as hereinbefore jirovidod, it shall 
 lie considered that he elects not to acce])t the 
 same, Init to proceed for a further sum, and the 
 action shall ])roceed accordingly. 
 
 SI. The ai)plication under section 195 shall not be made 
 ex parle, but must be made \i])on written notice of motion, 
 or by summons obtained from the Judge, returnable at any 
 time and place the Judge may a[)i)oint, and calling upon 
 Ihe garnishee, primary creditor, or such other person or per- 
 sons as the Judge in his discretion shall think fit. If the 
 money has been ])aid over, the jirimary creditor or other per- 
 son may be called upon by the notice of motion or summons, 
 to show cause why he should not ])ay the money to the pri- 
 niary debtor or other ])erson ai)plying. 
 
 H*2. The l)ond to be given under section 196 shall be 
 executed by the ])rimary creditor, or his agent, with one or 
 more suthcient sureties, and shall l)e in double the amount 
 of the debt ordered to Ije paid by the garnishee, and shall be 
 an ordinary bond to the clerk, by his name of office, con- 
 ditioned for the repayment of the money in case repayment 
 be ordered, and such bond shall be approved of by the clerk. 
 
 Hii. The bond given to the clerk nnder section 19G, 
 may, by order of the Judge, be assigned by the clerk to a 
 garnishee, upon its being shown that the condition lias been 
 broken, by non-compliance with an order for the repayment 
 into Court of monej's paid in by a garnishee. 
 
 I 
 
 if 
 
 I 
 
 I 
 
160 
 
 DIVISION CO i; It IS ACT. 
 
 .**4. II the pniiiiwy civ.litnr is u\>\\^vd to is.siio execution 
 Mgaiii«t tlie -iiniislR.c.,, tlu- co>ts of sud, excciitioi, aii.l il,,. 
 I'aihfls foes tlieirou slinll he Jcvied of the narnishee 
 
 -H."5. "When the iittaehiii«^' ..nhT or onn,is]uv 
 
 issues, the elerk shall roiihwiil 
 
 niiiiiioiis 
 
 I "liiK. an entry thereof in 
 
 the debt attaehnient h.-ok. and so from tinie to tin.e <lr,]l 
 make an entry of eaeh suhsequent |.ro,.ee.lino. so >uon as 
 la ken, 
 
 DKFKXCKS IN (iAUXiSIIKK J'lloCKKniXcs. 
 
 S«. In eases und.M' the Aet. and whether the .dain, of 
 the i™rv .rcduor is or ;. no, a Ju.l.n.en,, the ,,rin,arv 
 <lebtor. the o,nnsl,ee and all <.tlu. parties in anv wav inle,'-- 
 es^ed iu, or to he atreeted Ly the proceedings, 'hall he en- 
 
 ed to set up any .lefenee. as hctucen the prin.arv creditor 
 and thepnn.arydehtor, uhich the latter uonhl he entith.] 
 toseuj) man ordinary action, and also anv such .lelence 
 as be ween the garnishee and the primary dc'htor. and n.av 
 also show any other just cause why the del-t sought to he ....•- 
 
 nished shouM not he paid over or applied in or toward>'^ he 
 Kihsiaction of tJie claiii. of thr primary cieditor. 
 
 Oi) A ].riniary debtor or -arnishee who desires to set 
 ii|> a statutory or other defeiu(>. or set-o|T or to 
 admit his liability, in whole or in pan. fm- ihe 
 amount claimed in such action, shall lile wiih 
 the clerk the ])artieulars „{ such defence or set- 
 off, or an admission of the anu)Unt due or owin- 
 hy the j.rimary debtor, or the o-arnishee, a< ihe 
 case may be. within ei-l,t days after service on 
 him of the sunnuons. 
 
 0» The clerk shall lorthwith s.md by nuiil to each of 
 the said ])arties to the action a copy of such de- 
 fence, sot-off. or adnnVsion. 
 
 (r) The ]iriniary creditor may file with the clerk a no- 
 tice that ho admits the defence, or set-off, or 
 accepts the admission of liability as correct. 
 
 
 
DKrKN'crS IN' (i AUNISIIKE l'l!( »( "KMDIXCS. 
 
 1(17 
 
 (J) A copy oC tlio iiotii'O shall l)o sent hy the clerk, by 
 iiiiiil, fortliwitii to llio ganiislioo. 
 
 [i) In I lit' iiltsciHc of any iiiiticr ol' dcl'i'iU'O, or sot-oil', 
 from any primary delitor or j-aniishee, tlu' .hitli^v 
 may, in liis discrctinn. .uivo jn(l<inu'nt agains^t 
 siicli primary (k'l)t()r or garnishee, snhject to the 
 jirovi-iiMis of snl)->cctinn {a) ol' tlii< rnle. 
 
 (/') In the I'vcnt >>{ the primary rrcdilor I'ailiug' to lile 
 a notice aihiiilling or rejecting siicli di'l'enee, s-et- 
 olV or a(hiii»ioii ol' lialiility, the garnishee shall 
 not he hound to attend at the trial, and the siuu 
 a(hnitted to lie duv or owing l)y the garnishee 
 shall he taken to lie the cori'ect amount ol' hirf 
 liahility. mdess the .Judge shall otherwise order, 
 in whicli latter case tlu- garnishee shall he noti- 
 iied hy the clerk, and shall have an opportunity 
 of attending at a suliseipient date, and of being 
 heard het'ore judgment is given against him. 
 
 (ij) Tlie costs of all notices I'eipureil to he given under 
 section ISS of the Act shall he costs in the cause, 
 and in no case shall he payable by the garnishee, 
 unless specially ordered by the -fudge, 
 
 (//) If the garnishei' or the primary debtor, having boon 
 duly served with sunnnons, does not appear on 
 the return of such sumuions, the Judge nuiy pro- 
 ceed to hear the case and may give judgment 
 against him in his absence, but, excei)t where an 
 admission of liability luis l)een tiled as in the pre- 
 ceding part of this rule is provided, no judgment 
 shall be given against any garnishee or ]>rTnuiry 
 debtor, either for want of notice of defence, or 
 for default of a]ipearance, without suilicicnt proof 
 of the debt or amount due or owing by him as 
 required liy section 1ST of the Act. 
 
 (See In re Johnson v. Therien, 12 P. E. 442.) 
 
 
 II 
 
 13 
 
IW KIVISIOX CuritTS ALT. 
 
 (0 -If only so,,,., or tl„. pnrfiVs iv,,ui,v.| („ l„. .„,,,,,] 
 nre .m-..lMl.. J,,,|,v ,,,,,y o.ive II,, ,,,„,■ ■,,,!,,. 
 ",(.„( nguinst those .om.h,s i„ o,-,li,„,y ,„''." 
 
 J'-nns i:;iA ,n.l l.V> ,Hav I., usnl ■ ,„,! n' * V 
 
 ;„,.. I , . • ^ "■'" < 'I '1(1 nit' sni,i(' pi'occod. 
 
 '»:■- "...V l„. ,,k,.„ ,n ,:,„ |,ivisi„„ ,■„„,, „„„,.„,, „,, , 
 
 «.S. 1.1 ,■,■„,.> of ,m„.|„„,„, i...,„,l i„ irm:„]nv ...wood- 
 
 r, ■'''■!;■':•'■'''-''"■■■ i-..i".«i,i,i„„„' .': 
 *"",""'"■ '"^'^ '""'■''■■ 'i'-<i"rt..nh«i,ivi-i,„ ■„, . 
 
 '■'■■™™l I'.v I i'l III.' |.n.c,,l.,.v l,„„i,. ""''-' 
 
 VRovEanyns r.x am, aiiainst kxkcitoj{s \n„ 
 
 AU.MI\I,STI{AT(/1(S. 
 
 «». A |.,.M,v H..i„,,r „„ ..x,.,..,i,„. „, ,i,i„,i„i,,,,„„,. '„,,,. 
 
 I'.Kl ;l--*ls, ,,„| ],as ,v,.st,,l ihe,,,. ,„„| |„, , .,,,^ ^' " 
 
 S»0. r„ „|1 ,,,„,,, „|„.,.,. ,i„. ,K,iv,„l„„t is d„„-,,,,l will, 
 
 'lclu,,l.„,t to an „„„„„„ ,„„ ,«,,,,li„j,. ,1,, „„„„„„ ,„ „.„,,^.,,. 
 
 . 1.1,0 ,,„,,-p,,,,,,e.,, „r ,,,, a,,,,,,,,,, .,„,,, ,,,,, ,,;,;,: 
 
 y, on 1,0 C„,„., ,.„,,„. ,„,„ ,,,„„„„, ,„ ,,, ,,„.,.,^.,, „„, 
 •nt ,1.0 ,U.io,Kla„, .. ,.i.„,.;;oal,u, i„ ,.,„,( „f „,^^,, ;, , 
 
 lie IS so cJuiri''eao]e. 
 
PUOCEKIHN'iS HV AND A<iVIN'ST KXIXTToltS. 
 
 1()D 
 
 111. Whoro an (.'xctiitor <ir mlmiiii.^trator denies liis ri;- 
 l)resc'ntative charaetor, or alleges a rt'loas(> to hiiusvll' ol" lliu 
 (lonuuul, whothor lie iusistrf on any otiu-r ground of dcl'enoo 
 or not, and tlio jiiduniont oi' the Court Jrf in lavouf '.l' llio 
 l.laintitV, it (^linll l)t', that the amount found to he due, and 
 costs shall he levied of the goods (d' the testator, if any, and 
 if not, as to costs, of the goods of tiie defendant. 
 
 02. Where an executor or administrator admits his I'C- 
 l)rescntative character, and only denies the demand, il' the 
 ])laintiir i)rovo it, the judgment shall he, that the demand 
 and costs shall be levied of the goods of the testator, if any, 
 and if not, as to costs, of the goods of tiie defendant, unless 
 the Judge otherwise orders. 
 
 »». AVhere the defendant adnuts his representative 
 character, hut denic the demand, and alleges a total or par- 
 tial administration of assets, and the idaintitf proves his de- 
 mand, and the defendant proves the administration alleged, 
 the judgment shall be, to levy the costs of proving the de- 
 mand of the goods of the testator, if any, and if not, of the 
 goods of the defendant, unless the dudge otherwise orders; 
 and as to the whole or residue of the demand, judgment of 
 assets when they shall have come into his hands; and the 
 plaintiif shall pay the defendant's costs of proving the ad- 
 nnnistration of assets. 
 
 »4. AVhere the defendant admits his representative 
 character, hut denies the demand, and alleges a total or 
 ]>artial adnunistration of assets, and the plaintiif ]n-oves his 
 demand, hut the defendant does not prove the administra- 
 tion alleged, the judgment shall he, to levy the amount of 
 the demand, if such amount 01 assets is shown to ha^'e come 
 to the hands of the defendant, or such amount as is shown to 
 have come to them and costs, of the goods of the testator, if 
 any, and if not, as to costs, of the goods of the defendant; 
 and as to the residue of the demand, if any, judgment of 
 assets when they shall have come into his hands. 
 
 5>5. Where the defendant admits his representative 
 character and the plaintiff's demand, ^uv, alV^'o- a total or 
 
170 
 
 DIVISDX CoriJTS ACT. 
 
 I'^irnal a. .nnnstration of il.o nssoK .n<l prove, the a.ln,in,.- 
 in.tion a lc-0.1, tho j.i.l^.n.nt shnlK in case of total ndunnk- 
 'n'ti-'n.lH-ror assets wlu-n tlu-y shall have ,.0,,,,. into 1,'is 
 
 l'and<an<l in cas.. of partial a,lminist ration. Jor sud, amount 
 
 .■'>issho.n rolH. in In. han.ls. of , ho ,o,,o,is of the testator 
 
 ",'"' ='> to tho r(M,li,o ..r tho .lon.an.l lor suoh i^oo.I. whon 
 
 tiny shall lia\(' cniiio mi 
 pay tho (k'I'ondaiil's co.- 
 
 " Ills hands, and tho ])]aintiir shall 
 '■"viii- tho administration of 
 
 assets, unless the .liid>:o shall othoruiM. ordo 
 
 ««. Who 
 
 '■ a]id the 
 tial adininistrati 
 
 , , '■*■ '•' "'■''■'Kl'i'il admits his represontati ehar- 
 ^i^-U'" iu.d the plainiill-s demand, hut alk-es a total nv par- 
 "" "f the assots, hut d.ies not, prove the ad- 
 '"".istralion alle.od. an.l has not ostahlished anv otlmr 
 
 .ground ot deleneo. ,1,0 judgment shall ho, to low the'am.mnt 
 ;;' 'l;^''''';">"'i- il- > noh a..e,s is .huwn fo I.ave come to 
 
 '''••''•■'^'"danfshands, orM. muehasissh.nvn (o have como 
 
 '"t'i''",.andonsis. ur,h<.o,„„lsnrthote>la;ur, ifanv and if 
 
 ii.T, as 10 eosls. or the .oods or the <lelondant: and as ,0 the 
 '■< si.lue o. tho demand, if any. judoniont of assets when thev 
 ^Iiall have conu' into his hands. 
 
 «r. Where .i„d,::nu.nl has hoen ojvon a-ainst an exoeulor 
 ;^;' ';-",. nisirator. that the amount he levied upon assots of 
 
 t-l(;crased. uhen they shall have e.uno into his hands, tho 
 rla,nt,tl,u-h,sporsnmdrepre>ontative may issue a summons 
 
 <'•";•'" V,. :>:!). ami if it shall appear that assets have oon,o 
 tn the hands of the e.xeeuf.r nv a<lministrat..r since the jud ••- 
 I'nmt, the du<lge n.ay order that tho deht. dan.a^es and coj^s 
 '"' ^p'^''l "!• tlH' .uoods nf tho te>tator, if anv, an<l if not as 
 
 1- theoosts, orthe;:oodsortliedele.ulant. ].rovided that it 
 shall ho e.unpetent Jur the party applviu- to eluu-e in tlm 
 sun,m.msthat the o.xeeut.u- or adnunistrator has wasted -he 
 a>sets-| the testat.u- <M- intestate, in tho same manner as in 
 UuU Ml. an.l the provisions of jfulo !M) shall appiv to <nrh 
 Jn'i.iify.and the .lud.<. may, if i, appears thai iho party 
 <-lia.-ed has waste.l the as>ot., dircvt a levy to U. uuulc a"< 
 
 '""'*' •'•■1't ami oosts ,d' tho p.ods of the testator, if anv. ami 
 II not. o; tiie goods of the defendant. 
 
rUOCEEDIXfiS JiY AND ACiAINST EX Kcrn »1{S. 
 
 171 
 
 UH. Where a (lereiidaiit admits liis reproscntalive char- 
 acter and the idaintilfs demand, and tliat he is cUariicahle 
 with any sum in respect of assets, lie shall ]k\\ such sum into 
 Coui't. sulgect to the rules relating to payment into Court 
 in other cases. 
 
 1>1». Ill actions against executors and administrators, for 
 which provision is not hereinhcrore s^iecially made, it" the 
 defendant fails as to any of his defences, the judgmt'iit shall 
 he for the ])laintilf. as to his costs of disproving such de- 
 fence, and such costs shall he levied of the goods of tlie tes- 
 tator, if any. and if not. of the goods of the defendant, unless 
 the Judge otherwise orders. 
 
 {a) In case an executor or administrator ])lcads his no- 
 tice to creditors and distrihution of assets, ho 
 must give notice (d' such defi'uce, and that there 
 has hcen a proper audit of the accounts of his 
 administration. 
 
 lOO. In actions hy executors or administrators, if the 
 plaintitf fail, the costs shall, uidess tlie .ludge shall other- 
 wise order, he awarded in favour of the defendant, and shall 
 he levied of such goods as the Judge shall direct. 
 
 (a) If the plaintitf sues, or the di'feiulant or any of the 
 defendants is sued, in a representative ca])acity, 
 it shall he stated in the particulars of claim in 
 what capacity the plaintitf sues or the defendant 
 is sued. 
 
 (h) Trustees. execut(»rs or administrators may sue and 
 he sued on hehalf of. or as representing the pro- 
 perty or estate of which they are trustees or lo- 
 presentatives, without joining any of the persons 
 heneficially interested in the trust or estate, and 
 shall ho considered as representing studi persons; 
 but the Judge may, at any stage of tlie proceed- 
 ings, order any of such persons to he made par- 
 ties to the action, either in addition to, or in lieu 
 of, the previously existing parties thereto. 
 
 ^;?^fi 
 
 TT- 
 
■ i ii 
 
 'il 
 
 
 f' 
 
 l"- DIVISION CUUKTS ACT. 
 
 (c) Claims by or against an executor or administrator, 
 as siit-]i, may be joined Mitii claims by or against 
 him personally, provided tlie last mentlojied 
 claims are alleged to arise with reference to the 
 estate in resjject of whicli the plaintilf or defen- 
 dant sues or is sued as executor or administrator. 
 
 DEFEXCES AXD COXFESSIONS. 
 
 101. In any case where no dispute is entered as to -i 
 portion of a claim sued in a Division Court, or where a p(.r- 
 tion of the claim is admitted l)y tlie defendant, the plaintitf 
 luay, at his option, ].roceed to judgment and executmn lor 
 such portion without i-ivjiidice to liis riglit to recover for the 
 remainder of the claim. 
 
 (a) Where the defendant's notice of defence disj.iu^.s 
 the claim in jmrt onl^-, or admits a portion of tlie 
 claim, the clerk shall forthwith notify the plain- 
 tiff tliereof in tlie manner ])rovided by Ihile li'ri, 
 and require him forthwith to state in writing- 
 whether he is willing lo take judgment for the 
 portion so admiited, or as to whicli no dispute 
 is made, and unless the plaintiff, within 48 hours 
 after the receipt of sucJi notice, notifies the clerk 
 in writing that he is content to take judonient 
 for such portion, it will be assumed that lie in- 
 tends to iiroceed for the remainder of the claim, 
 and the case will be entered for trial accordinulv.' 
 (See /w.s7, Kule IGd.) 
 
 C()XFKSSIOX liKFOKK ACTIOX. 
 
 lots. Every confession or acknowledsruient of debt 
 taken before suit commenced, must shou- therein, or bv state- 
 Hiont thereto attached at the time of the taking thereof, tlie 
 particulars of the claim for which it is given, with the same 
 fulness and certainty as would be re.piired in proceed in c^s bv 
 'special summons": and unless ai)plication for judomeiit on 
 such confession be made for the Jiulge within three calendar 
 ntonths next after the same is taken, or at the sittings of the 
 
COL'NTEU-CLAIM. 
 
 173 
 
 Coui'l ni'.xt iifU'i- till' OMpiratiDii of such pfr'KHl. no cxcfutioii 
 tliall bo is<uc(l on tlic judgment lo lie rendered, without an 
 allidavit hy the iilaintill' or his agent that the sum con- 
 fessed, or some and wliat ])art thereof remains justly due; 
 and applications for judgment shall be made at a sitting ol! 
 the Court for the division wherein the confession was taken, 
 or to tl'.e Judge elsewhere. 
 
 NOTICE OF ADMTSPrOX OF FART. 
 
 10J$. With a view to save nnnccessary expense in prool', 
 the defendant or plaintiff shall be at liberty to give the op- 
 jiosito ]iarty a notice (Form 19) in writing, that he will a<l- 
 mit, on the trial of the canse, any ])art of the claim, connter- 
 rlaini, or set-o(T, or any facts which wonld otherwise reciuiro 
 jn-oof; and after sncli notice given, the plaintitf or defen- 
 dant shall not he allowed any expense stibsequently incnrred 
 for the pnrpose of such proof; the notice shall he served on 
 the plaintiff or defendant, or ht't al h\< v<\vA place of abode, 
 or. if he be not resident within t'.ic division, l)e left with the 
 clei'k of the Conrt for him, at least five days before the day 
 a])pointed for th.e trial or hearing. 
 
 104. A defendant giving- notice of set-ofl' or other 
 statutory defence, or jiaying money into Conrt, or pleading 
 a tender or counter-claim, liall be deemed ^o have sulTiciently 
 yiven the elerk notice of disimtino- the ii'aiT^ifT's claim within 
 (lie meaning of the lOOtli srctio^i of !' - .vet. 
 
 COTJXTKE-CLAIM. 
 
 105. A defendart in an action ^nay set up by Avay of 
 counter-claim, against the claim cf the plaintiff, any right or 
 claim vdiether the same sottnd in damages or not. 
 
 HHr V counter-claim, not involving matter beyond 
 the jvirisdiction of the Court, shall have the same effect as a 
 statement of claim in a cross-af^tlon, so as to enable the Court 
 to pronounce a final judgmci'- 'p the sa-ne action, both on 
 the oriainal and on the cross-claim. 
 
 I 
 
h 
 
 
 l\v 
 
 ' 
 
 174 
 
 i'lVISIOX COUH'J 
 
 or any (.iIkt j.er.^oii named 
 
 S ACT. 
 
 107. A\-] 
 
 Jilaintiil' 
 
 fJaiii) contc'iids iliat tl 
 
 'jc dis])()scd of 
 
 <lont action, I 
 
 up a counter-claiii,, if 
 a.s party to .siicli 
 
 ^' claim therol.y raised ou<d 
 
 tiK 
 
 foimtci'- 
 
 '•y way of couiitcr-f] 
 
 ill II. 
 
 m'h' to the Jiido-e ]• 
 
 '^' may at any liim. ),^.[ 
 
 gin Jiot to 
 '"'t in an iiidej)eji. 
 
 be 
 aj)])] 
 
 cx-clnded; and the Jnd 
 '(•Jflioii, jiiaJve siicli ord 
 
 or an order that snel 
 
 oi'c, or at tl 
 
 '(' sitlin; 
 
 < <oiinter-dain 
 
 I mav 
 
 '' '""^ <"' the hearing of siicji 
 
 t'r a 
 
 lO.S. f 
 
 'lalJ 1)0 jii.st. 
 
 n a 
 
 iiy c-a; 
 
 7"'" '■'"'"' '•'•'^^'« «t tlie tria] 
 <-'Jaim can he hetter d 
 
 •-' oi connter-claii 
 
 I'lay order sndi c 
 tion for tliat 
 
 Jj^posed of ) 
 
 "' or wliere ., 
 If the Jiidn-e thinlv-s (I 
 
 laim t 
 
 •y an ind 
 
 iiny inci- 
 lat snch 
 
 o he 
 
 e.vc 
 
 ["irj)o.<e ])e inade to 1 
 
 "ded, whetl 
 
 *'l"''"lcnt acti<.n. J 
 
 le 
 
 10!> \y 
 
 i'^ e*tahlisJied 
 
 "111 or jiof 
 
 '^"'' iJny aj.|)]iea- 
 
 'ic'''<'. in anv act 
 
 '•". a sef-o/r 
 
 in lie haJan 
 <iie defend, 
 
 "^■'"'l^t ih. jdaintiirs clainu tl 
 
 ft' IS in favour of 1 he defend 
 
 *"■ coiinfer-claim 
 10 Jn(]< 
 
 mt f 
 
 rtlit. 
 
 fc mav, 
 
 'vejndo-iiioiu fo 
 
 
 'J>o inerit.s of tl 
 tlic- Act. 
 
 lef a.s h( 
 "' <--a.se, a,< provided 
 
 "'ly bo entitled to 
 I 'y sections 74 and 1; 
 
 i.indo-e 
 
 iipoji 
 !0 of 
 
 eliaJl I 
 
 no. W] 
 
 'JC 
 
 judgment sJiall 1 
 
 '^''■c' in any act 
 "i'dci' of diserel 
 
 '•»" a connter-cl 
 
 on 
 
 '""I is jnade, it 
 
 tlie c]. 
 
 'un and for 
 
 >c entered f, 
 
 »• the Judo'o \vlietl 
 
 •"• r" ""'^•'' JV.r the plaintiir 
 
 ler the 
 
 t-iaim, or Mheti 
 
 :' ";-'•' (or the defendant oti tl 
 
 111 
 
 counter-cia 
 
 '^''' '■' ■^f-alJ he entered for tl 
 
 on 
 
 10 con liter- 
 
 "0 balance. 
 
 anv case 
 
 ^c-ontinned or di 
 
 im or ,.et-ofr. the act 
 
 " ^\'""'''' tl.o defendant sot- 
 
 ) tl 
 
 neverthe] 
 
 smissed, f 
 
 "" "'■ ^l'" Pla-ntiff is staved 
 
 ^'•"•S l)e ])roceeded wit I 
 
 '0 f'onnter-clai 
 
 '" c)r set-off mav, 
 
 113. Av 
 
 JUS statement of <h[^, 
 recover si)ecific 
 rocovei 
 seekin^r to 
 
 '^'''c' an action is ] 
 
 >l'01l"Ilt, 
 
 rojiertv 
 
 "CO se(>ks l,y ,vav of 
 
 or a defendant 
 
 oonnter-cl; 
 
 y IS ,sono-l,t ,loes not d 
 
 and the n-irfv c. i 
 
 '"^ p<ii!_\ ironi w] 
 
 i!1 
 
 im to 
 
 perty by virti,e of a 1 
 of money, tlio Jtul 
 
 recover tJie .same, hnf d 
 
 ••^Pi'to the title of th 
 
 'loin sneb 
 
 '^" or otberw 
 
 aims to retain th 
 
 e jinri 
 
 ISO a.«! .security fo 
 
 So^ "pon bein^T ,«atis/ied 
 
 1 
 
 ])ro- 
 '1' any sum 
 
 •y atTidavit 
 
 or 
 
Ul'LE IX CASKS IN EXCESS OK .lUHISKK TIoX. 
 
 17.1 
 
 otherwise of the e.xistence of siieli lion or seeiirity. may oviUm" 
 that the jiarty seeking to I'eeDver the property l)e ut liluM'tv 
 to ]iay into Court, to ahide the event (»L' tlie action, tlie 
 amount of nionoy in ivspeet of wliitli the lien or sec-iiriiy i:^ 
 daimed, and sneh fui'tlier sum (if any) for intere^^ nd i-csts 
 as sneh Judge may direct, and tliat njion sneh ^ ..yi>. it into 
 Court being made, tlie property i)0 given np ■ ri' ; i)a!'iy 
 seeking to recover it. 
 
 jrDO:\rKNT ox COrXTKH-tLAl.M, WIlKUl': J'J.AIX- 
 TIFF DOKH NOT AlTKAlt. 
 
 11J$. if. when a trial is called on. tlie ])laintitT does n<jt 
 appear, and the defendant has given notice of a counter-claim, 
 not involving matter heyond the jurisdiction of the Court, 
 ho may prove such counter-claim, so far as tlve burden o£ 
 proof lies upon him, and have judgment accordingly: pro- 
 vided that any judgment obtained under this rule may l)e 
 set aside, upon the application oi' the ])laintitf, in like manner 
 as a judgment ol)taiiied under sections lu') or JIT of the Ac-t. 
 
 IIVLK TX CASKS OF DKFKXCF OK COUXTKK-CLAIM 
 ]N EXCESS OF JUKISDICTIOX. 
 
 114, AVhoro, in any proceeding before a Division 
 Court, any defence or counter-claim of the defendant in- 
 volves matter beyond the jurisdiction of the (V)urt, such 
 defence or counter-claim shall not all'ect the competence or 
 the duty of tlie Court to dispose of the whole matter in con- 
 troversy, so far as relates to the demand of the jdaintilf and 
 the defence thereto, but no relief exceeding that which the 
 Court has jurisdiction to administer shall be given to the 
 defendant u]>on any such cnunter-claim. 
 
 11*1. In case th" defendant desirt's to avail him>eU' of 
 the law of set-off, or connter-claim, or of the Statute of Linn- 
 tations, or of any defence under any other statute having the 
 force of law in this rrovince, ho shall, not less than six days 
 before the day appointed ff)r the trial, give notice thereof in 
 writing to tlio plaintiff, or leave the same for him at his 
 usual place of abode, if living within the division, or if living 
 
17G 
 
 DIVISIOX COUHTS ACT. 
 
 willioiit the division, shall MWcv the same to the elorl- of 
 the Court in which the action is to be tried; and in case of 
 f^et-olT or connter-claim, lie shall deliver to the clerk -i omv 
 of the particidars of sneh set-oir, or counter-claiin, to be k.r't 
 with the papers in the cause, and also a co|)y for the i.l-.ii, 
 till, ]f his nsi.al place of abode is no| Milhin the division- and 
 the clerk shall forthwilh give to such jdaintilf a notice o!' 
 sneh set-off- or counter-clain,, by niailino- the same to him i-, 
 a letter dnly reoi.tered, addressed to his ns.ial place of al)odc 
 or business, according to the Form Wr>, togdlier with one of 
 the copies of the particulars of such set-off or connter-clainr 
 provided that in case of non-coi,ipli;,„ce ^^■\ih this rule (h,-' 
 
 'Tn.^einay. on snch fenns .s he shall Ihink (it, adjourn , ho 
 "•'^'J -r tin' action to enable th. dHVndant lo ,ive sui-h noli..; 
 
 o';nu,y in his discretion allow snch noti... ,o 1,. ^ivcn and tl,; 
 trial oi the action to proceed at once. 
 
 JUDGMEXTS AXD ]-:x]-:cuTroNs. 
 
 SI-KCfAL SfMMoxs— SKVKKAF. DKFKXDAXTS. 
 
 M,en' W ^\7" ''"'■' ""' ''''"'"^ 'l''f^^"<lancs, and all of 
 ;.ne^n ;' rir"™^ ^^"'^ =^ ^P-ial summons, th.m 
 .. the plaintilf ,s content to take i.idgment against those 
 -^^M.Klgment cannot be entered by the derk on hi 
 
 M.n b,M,e plaintiff will have to piw J to a lieari^^;!^^ 
 ioie the Judge as in ordinary cases. 
 
 I > ine senire of the summons, where the return dnv ;". 
 the elevpTifli rio^r „fi • itiurn aa\ is 
 
JUDGMENTS AND EXLCUTIONS. 
 
 177 
 
 (Iffeiulj'nts so served as aforesaid, for the claim, or so much 
 thereof as lias not Ijeen disputed, without prejudice to the 
 jihiintiff's rigiit to recover for the reuiainder of the claim, 
 
 IIH. In actions commenced hy special summons, whore 
 there are more defendants than one, and some of them have 
 been served witli i)rocess, hut have not given notice disputing 
 the plaintiff's claim, and otlier or others of them have not 
 heen served, l)ut have given a confession of the deht, tlie 
 clerk shall produce or transmit the confession duly proved 
 to the Judge for his order, and when the Judge's order shall 
 1)0 procured, the clerk may enter judgment within one 
 jnontli after the return of the summons against all the de- 
 fendants for the amount claimed in the particulars, [U'ovi<h'(l 
 that the defendants who have confessed shall have acknow- 
 ledged the same amount l)y their confession, and such judg- 
 jiient may be in the Form Xo. 81, and it shall not be in the 
 power of the i)laintift' to elect either to proceed on the con- 
 fession against some of the defendants, or to obtain iinal 
 judgment against those defendants who have not confessed, 
 hut the judgment shall be entered against all the defendants 
 jointly. 
 
 IIO. Tn any action l)rought Ijy sjK'cial summons against 
 t^everal defendants, if all the defendants have not be^n served 
 upon the saine day. and no notice of defence has been 
 entered by the defendant or defendants first served, the clerk 
 may immediately after the expiration of the return day, in 
 the case of each defendant, enter a niiuute in the ])roceduro 
 liook, stating the facts of service and of no defence; and if 
 no defence has been entered l)y any of said defendants, 
 the clerk may, immediately after the time has expired in 
 which the defendant last served miglit have entered such 
 defence, sign final judgment against all the defendants. 
 
 130. Where there are several defendants in an action 
 ccmmenced by s])ecial sunnuons, under section 109 of the 
 Act, and one or more of defendants has or have given notice 
 disputing the claim of the plaintiff, and another or others 
 
 D.C.A. — 12 
 
 '1M 
 
17« 
 
 DIVISION COlHTS ACT. 
 
 of tlit'iii have iiut j^ivcii such iiuticc, the plaintill' may liavc 
 iinal jiKlginciit ciitci'cd liy the clerk against the huter, am! 
 may (.'aiisc cxt'ciitioii to he issued \]\Hni such judgment, with- 
 out iirejudicc to his right to proceed witii his action against 
 such of tlic del'endaiit.s as luive given the notice. 
 
 121. Atiy dcfeudanf wlio lias heen minuted as afov.'- 
 {iaid, may lie let in to defend hy the dndgc on snilicicnt 
 gi'ounds shown. 
 
 12Ii. In case the defendant has given a confession '>r 
 flcknowledgment of deht, and has luit put in the notice dis- 
 l)uting the plaintilT's claim, the plaintilT may I'ither i)i-oeeed 
 on the confession, as in ordiiuiry cases, or may obtain limil 
 judgment under the l(»!>th .section of the Act, as he may 
 elect. 
 
 12J$. Tn case judgment lie not enti-red hy default, on a 
 sixT'ial summons, within oiu' month after the return day 
 thereof, the clerk shall not enter it afterwards, without an 
 order from the Judge. 
 
 (d) When judgment is given against a defendant by tlu' 
 Judge, ]uirsuant to section 110. innnediate no- 
 tice thereof shall he given, hy the clerk hy left T 
 or postal card, to the defemlant. 
 
 ltJ-1. AVhere. under the ])rovisions of the Act, a writ of 
 execution is re(juii'cd to he executed out of the division, hut 
 within the co\mty, the wi'it nuiy he directed hy name of oHiie 
 to the hailitr of any of the Division Courts in the county, 
 lint shall not he issued to the haililT in another coiinty. ^r'lc 
 T(*tui'ns re(piii'ed Id ho made under sections 1(».5 and |t*l uuist 
 be made to the clei'k l)y whom the pi'ocess oi' document has 
 been issued. 
 
 JUDGMKXTS. 
 
 125. Kvery judgment and order of the Court shall be 
 entered by the clerk in the procedui-e book, according to the 
 forms 77 to l.Tl inclusive, or to the like eifect; and when 
 
 ', 5 ;!!' I 
 
.n'lxj.MiArs ANi» i:.\i;cr'ri<»Ns. 
 
 171» 
 
 nnv onlor is ina(1(> t'nr tlio piiyiiK'nt of nny (lol)t. damngos, 
 costs, or otlicr sum of uioiioy, Iho same sliiill 1»o i);)yni)lt' lit 
 \he n\]\vv of the dork, at tho o.\|.iratioii of fiftocn days from 
 ihr rondcriug of jiidgmont. unlos the diidgv othi-rwiso or- 
 ders. !>tit wlicro judgment is sigiiod l)y tiio clerk under spf- 
 \\uv> 1011 or 111 of the Act, cxecutinu may i>siu' fortli\vit!i. 
 
 120. After an award lias lieen made, and with an atVi- 
 davit of the due execution thereof is liled under tho Act, \\n- 
 ]r» the -ludge otherwise orders, the clerk shall forthwith 
 enter judgment on such award, and shall, at the reciuest of 
 the party entitled thereto, is>iu' execution thereon, at such 
 lime and in such numner a- upon an ordinary judgment of 
 the Court. 
 
 127. Wlien judgment is given for the defendant on a 
 i^et-oll' or counter-claim, he will he entitled to issue execu- 
 tion and to take proceedings as in ordinary eases for the 
 recovery of the halance of his set-olV or counter-ekim, if such 
 halance does not exceed a sum within the jurisdiction of tlie 
 Court, or if the defendant liles witli the clerk a consent in 
 writing to ahandon such excess. 
 
 V2S. Where, under section ItT of the Act, tho Judge 
 susiHMids or stays any judgment, order or execution, given, 
 n)ade. or issuedin the action, and orders the same to he paid 
 hy instalments, such instalments shall he payahle at such 
 periods as the order directs; and if no ])eriod he mentioned, 
 the lirst shall ])ecome due on tho 28th day from the day of 
 malving the order, and every successive instalment shall he- 
 come due at a like period of -^S days from the day of tho 
 previous instalments hecoming due. and sncli instalments 
 shall he paid to the clerk of tho Court. 
 
 jrBGMENT \VI11:KE DEFENC1-: ONLY FOR PART. 
 
 12». Where a motion has heen made for judgment, 
 under section 111, and it appears that tho defence sot up hy 
 the defendant ai)plies only to a part of the plaintitT's claim, 
 which is admitted to ho due. the clerk shall, hy the order of 
 
 Kl 
 
 1 
 
180 
 
 DIVISION' COUin'.S ACT. 
 
 the Jiulfrp, at the roqiiost of the i)lainti(r, forthwith oiiirr 
 final ,jii(l<,nn('nt for such ;.;irt Ihcivof us the (Icf.ii,.,. do,., not 
 a]>|ilv to, or as is admittt'd to he duo. 
 
 MOTION FOR JCDCMKXT. 
 
 laO. Where the amount of the chiini of del)t soiiuht t,> 
 1)0 rooovorod in an action exceeds $4(», and tlie .ludiT,. has 
 made an onhM- enipoworin^^ the ( lerk to si^r,, (i„,d j„d,'r„H,„(" 
 nndor section 111 of tiie Ad, cxr.iitiou ,„av h.. iss'uccM here- 
 on, at the instance of the plaintiff, at any time thoreaft.'r. 
 
 (a) The aj)p]ication of a plaintiff shall he hy notice bv 
 the plaintiff, his solicitor or a^r,.„t, to he serveil 
 111)011 the defendant, and no costs in resj.ect of 
 such aj.plication shall he taxed in the cause, .ex- 
 cept for service when made hy the haililf. 
 
 131. Where final jud^rnu.nt has heen si<rned l>v the 
 clerk under section lOj), execution may issue forthwith." 
 
 132. All ex.'cntions and warrants shall he printed on 
 lialf sheets of foolsca]) ])aper in order to afford space for the 
 endorsement of a schedule of pn.pertv seized and other 
 memoranda i)ro])er for the l,aililf to enter thereon. 
 
 TIIK ri.M-:i)IT()K>8' l,>i:iJHF ACT. 
 
 133. Where any Division Court jud-ment or ex(-ution 
 has been, or shall hereafter be filed witli any sheriff un.ler 
 the Creditors' Kelief Act, or a certificate for any claim within 
 the jurisdiction of the Division Court, and the sam,. i. not 
 paid m full, and the sheriff is nnable to make the money 
 thereon, the creditor may obtain a return thereof from th'p 
 sheriff according to the facts and file the same with the 
 clerk of the Division Court in which the jud-nu'.it wa< re- 
 covered, or m the ])lace where the cause of action aro^,. or 
 (ho debtor (or one of the debtors, if n.ore than one) resi.led 
 nnd the clerk of the Division Court shall enter the same in 
 Iho procedure hook of the Court, and it shall thereupon be- 
 come a judgment of the said Court for the unpai.1 balance 
 
 m 
 
TiiK citKiur.Mts' u;:F,iKr act. 
 
 181 
 
 on 
 
 tlio 
 lior 
 
 M 
 
 duo thereon, ns ni>peniMn^- l»y tlu' ^liorilV's roturn, aiul tli(! 
 claim may ho enforced in tlu' same manner as any othei- 
 iud-'mcnt of tl.e Division Court. 
 
 {(i) Whore a chiim is not paid in full, and the sherilTV 
 return under tho Creditors" |{elief Act relates to 
 a ,niil<ruient or exeeution of the I^ivision Court, 
 and i.r tiled with the elerl< of tlu> Court in which 
 the jud«rment was recovered, or from which th.e 
 execution issued— the clerk sluill make an entry 
 in the procedure hook at the place wliere the 
 judgment has been so entered, and the ell'eet of 
 the shcritT's return shall therein he set forth 
 (Form 5)5), and if the sheritf's return shows a 
 ])art satisfaction of tlie juduiueut or exeeution, 
 the same shall he so stated, and the judomeut 
 against the judgment dehtor shall stand only 
 thereafter for the residue id' the de1)t or dan;- 
 ages, interest and costs. 
 
 {I) Wliere the sheritfs return relates to a ecrtifieate for 
 a claim within tlu' jurisdiction of the Division 
 Court tliat has not been paid in full, and such 
 certificate is tiled with the clerk of the Division 
 Court in the division where the caiu-e of action 
 arose, or whei-ein the debtor (or one of the debt- 
 ors, if more than one) resided — the clerk of such 
 Court shall enter the same in the i)rocedure hook, 
 as a judgment of such Court (Form 9G), for the 
 un]>aid balance due thereon, as appears l)y such 
 return, and sliall take proceedings thereon, ns 
 npon any other judgment of such Court. 
 
 1I$4. After a transcript of judgment has heen issiu^d 
 fi'om the home I'oni't to a foreign Court (u- to a County 
 , Court, the clerk of the home Court has no further right to 
 deal with the case, as liis functions have ceased therein (ex- 
 cept hy order of the Judge or nnder tlie provisions of 52 V. 
 c. 1"3, s. 2-i), and he cannot, either as agent for the judgment 
 creditor, or otherwise, order, in the name of sncli judgment 
 
 4i 
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 WEBSTER, N.Y. 14580 
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182 
 
 DIVISION COrilTS ACT. 
 
 creditor, or of any one ol^^c that tlio money made or paid 
 thereon' shall he" transmitted to himsell' or to any other 
 person. 
 
 (a) "When, upon the application of any plainiili: or de- 
 fendant having an nnsatislied judgment in his 
 favor, a transerii)t of the entry of such judgment, 
 undei- section 'Wi. or a transcript of the judg- 
 ment under section •^2;5 of the Act is issued from 
 the Court in Avhich the judgment has l)een re- 
 covered, an entry ih.ereof shall he made l>y the 
 clerk in the ]trocedure hook, and no further pro- 
 ceedings shall l)e had in the said Court upon any 
 such judgment, without an order from tlic 
 Jndce, except as i)rovided liy section 3.K of th3 
 Act, as amended hy section 'it of o'i V. c. ^2\ 
 in the case of, a judgment of which a transcript 
 has heen issued to another Division ('(Uirt. 
 
 {h) Every transcript of a judgment shall l)e prepared by 
 the clerk upon a full sheet of foolseai) paper, 
 carefully written in a ])lain hand, or printed 
 withont contraction of words or iigures, and shall 
 be according to tiie Forms 1()4, IHW/, Kil^ 
 and if a judgment has hi'en revived, the order of 
 revival or its i)urport shall be set forth therein. 
 
 i;j5. No transcript or co]>y of a judgnu'ut shall be is- 
 sued or acted upon, under the ^'loth or ".MTth sections of the 
 Act, where the proceedings have al)ated, or in a case whero 
 no warrant of execution or judgment sunnnons shall have 
 issued on a judgment more than six years old, unless sUch 
 judgment shall have been revived. 
 
 13«. in cases that have been brought to trial the clerk 
 sliall not issue any transcript of a judgment until after the 
 lapse of fourteen days from the trial, except upon the order 
 of the Judge. 
 
 1»7. The entries of proceedings on a transcript under 
 the 2nth section of the Act may be made in the procedure 
 
I 
 
 THK CUKDITOUS' RELIEF ACT. 
 
 183 
 
 , oo- of tho Court to wli.h it has been sent, in the Umn of 
 boo oi tut ^oL.i procedure 
 
 ,a ordiuary .uit, as ueai a. '^' ]^ ■ of udgment 
 
 book shall, for tluit purpose, he tho tian,.tiipt o j . 
 
 !)0ok required hy the Act. 
 
 ,.5H Ml <peeial judgn.euts or orders shall he pre|)aved 
 
 ,„™t „. onU.v, when flmmy ^ " ' , ti.e 'ontcroJ 
 „,i,mte o£ «u-li filing, with H^' 'h,lc theitol, 
 in tlic i>i-oe«lurc book. 
 
 • UEVIVING JL-UGHENTS, ETC. 
 
 l^O D«rin.> IlK. lives o( the ,-arties of a judgment ov 
 
 140. lu the following cases: 
 
 ^ A Whore -inY chauge has taken place after judgment 
 ^''^ ' ;:;d:;i or c^herwrse, of the part.es entitled ^^ 
 
 liable to execv 'on. 
 
 (M ^^•here a husband is entitled, or liable to exeeution 
 (^0) \rntit a 1 for or against Ins 
 
 upon a 3udgnient or oicltr, loi ui o 
 
 wife. 
 (0 Where a party is entitled to execution upon a judg- 
 uient of assets in future. 
 
 / A Wb.re ■! i.artv is entitled to execution against any 
 ^''^ : the' shareholders of u Joint stock company 
 
 upon a iudgment recovered against such coni- 
 ;!:;;v.orU-t a pnblic officer or other persons 
 
 ropresentiug such company. 
 
 ^n.e nirtv alleo-iu. himself to l^e entitled to execution must 
 ^ (V 7vit to the .Indue for leave to issue execution 
 
 i'.pply on aindaMt to int .miu^„^ 
 
 111 
 
184 
 
 DIVISION COURTS ACT. 
 
 acconlinfrly. And siicli Jiulfre may, if satisfied that the 
 party so aj)i)lying is entitled to issue execution, nialo an or- 
 der to that effect, or may order that any issue or question 
 necessary to determine ilie riglits of the parties, shall ho 
 tried in any of the ways in which any question in any action 
 may be tried; and in either case such Judge may imi)ose such 
 terms as to costs or otherwise as shall he just. Xo oi-dcr to 
 issue execution shall he made under this rule ex parte, hut 
 only after at least three days' notice to the party against 
 whom it is sought to issue execution, unless under special 
 circumstances the .Judge shall otherwise order. 
 
 141. Xo execution or other i)rocess shall, without 
 leave of the Judge, issue on a Judgment more than six years 
 old, unless some jiayment has l)een made thereon within 
 twelve months })reviously; hut no notice ^o the dehtor, 1)efo"e 
 a]iplying for such leave, shall he necessary, and such leave 
 shall lie ex])ressed on the execution or warrant, or summons 
 in the words, " Issued hy leave of the Judge." 
 
 142. The renewal of all writs of execution may he 
 made from time to time, hefore the expiration thereof, hy 
 the clerk of the Court issuing the same, hy nuirking on the 
 margin of the writ a memorandum to the following etVect: — 
 " Renewed for six months from the date thereof." 
 
 X. Y., Clerk. 
 
 Dated 
 
 day of 
 
 18 
 
 14J$. Where one or more of several plaintiffs or defen- 
 dants shall die after judgment, ])roceedings to enforce the 
 same may he taken hy the survivors or survivor, or against 
 the survivors or survivor, without leave of the Judge. 
 
 CROSS JUDGMENTS TO UE SET OFF. 
 
 144. In case there are cross-judgments hetween the 
 parties to an action, the Judge, on tiie application of either 
 ])arty, may hy order direct the clei'k to make an entry there- 
 of in the procedure hook, and that the party only who 
 olitained judgment for the larger sum shall Imve execution, 
 and the clerk shall (if required) issue execution thereon in 
 
clerks' and iJAILIFFs' Dl'TlES. 
 
 195 
 
 tl.o ordinary form for the l.alaiice over the smaller 3110 - 
 nnnf. and lie shall enter satisfaction on the .,n.lgnient for 
 the -mailer sum. H both sums are equal, satisfaction shall 
 l,e ordered to ho entered upon both judgments, (bee Vorms 
 yv>;3 to 22i], inclusive). 
 
 CLKKKS' AxND BAILIFFS' DUTIES. 
 145 The clerk of everv Division Court shall have an 
 cilice at such i^lace, ^vithin the division for which he is clerl:, 
 as the Judge shall direct. 
 
 |4«. The following hooks shall be kept by the clerk, 
 .nd the necessary entries fairly made therein, nainely: Is , 
 r lloliTto be caUed the '^ Procedure Book," lu which ^.1 
 bo entered a note of all process issued, and of all oidei., 
 ^d^mLts, transcripts received, warrants, -eeutKnis aiu n> 
 urns thereto, and of all other pvoceed.ngs, in eNei> aiu^. 
 .id at every Court; 2nd, a book to be called the Ca.h 
 B^k' n which shall be entered from day to day an ac- 
 tti of all suitors' moneys paid into -^ out^Ccmi.;^3 
 a •■ Uc:bt Attaclmient Book; 4th, .1 H'^"" 
 tl„. puvi,o.os set forth in .ectiou «S ot the Ac , .th t^ -^ 
 ".T, l..,,ent Debtors' Book," provided lor l,j liule ^o 20 , 
 a, d mh the •• t>rdcr liook," required l,y sub-rt,lo (« to th,. 
 ioh books shall be aceordi.tg to the Vorms >.os 4 o 
 0, T, 8 and ■.), u„d shall be kept, as nearly as n,ay be, m .he 
 manner shown therein, respectively. 
 
 ,>,1 The said order book shall be a book in whteh all 
 orders tor the issuing o£ process or alias, or sub- 
 seqnent snnmionses, and executions and otlu 
 ,,„ nnients requiring duties to be l-vf«n»;'^ ' 
 the elerk. fron. day to day, ^>-f l^«,-^'"° /' ' 
 dated a,s they occur, and signed by the paitj re- 
 quiring tlie ^anie, or his solicitor or agent. 
 147. After the books which shall be in use when those 
 rules coL into effect, shall have beett fdlcd up, the clerks 
 Z respective Courts shall keep procedure books n the 1 on 
 to I follotving and make entries thereit. according to the.,o 
 rules. 
 
 iill 
 
 If; 
 
m^^ 
 
 186 
 
 DIVISION COUHTS ACT. 
 
 [Tliis nilo has hooii siiporscdod l)y tlie ainondmont ciii- 
 hoflicd in section 4(1. adopting a move sinij)lo form of pro- 
 cc'diiro Look, as in Scliednlo ]}. | 
 
 (e) Every Iniiliir shall ki'Oj) a se|)arat(' hook, *• Koo 
 Book," in which he shall cuter from day to day 
 all foes, charpes nnd eniohiments received 1)y him 
 hy virtue of his olhce, as required hy section (18 
 of the Act, and which sliall 1)0 according to t!io 
 Form Xo. 12. 
 
 if) On the l.")tli day of January in every year, he slcdl 
 make up to and including the ;)lst day of Pe- 
 cemher of the ])revious year, a return to the in- 
 sjicctor, nnder oath, shewing the aggregate 
 amount of i'w:^. charges and enioluiuents so re- 
 ceived hy liim hy virtue of his oHice, and wliicli 
 he has hct-onie cntitk'il to I'cccive and has not re- 
 ceived during the year. 
 
 {(j) ]n the return made hy the clerk sliall he slicwn the 
 actual amount of the dishnrsements during the 
 ! same year m (( ncction with his ofTice. 
 
 (//) Every clerk of a Division Cotirt for a. division eui- 
 hracing a city, or i)art of a city, shall kee]) a 
 separate hook, in whicli he shall enter from day 
 to day all k'v>^, charges and emoluments received 
 hy him hy virtue of his otlice, shewing the sums 
 received hy him for fees, charges, and emolu- 
 ments of all kindv; whatsoever; and shall, on the 
 15th day of January in each year, make np to 
 and including the ;51st day of Decemher in the 
 previous year, a return to the Eientcnant-(iovcr- 
 nor, under oath, of such fees, chargfs and emolu- 
 ments so received hy him during the said year. 
 
 (i) Every clerk shall, on or 1)efore the 15111 day of JiUi- 
 tiary in each year, make a return of the husim>s 
 of his office, for the year ending the olst day of 
 Decemher ]n'eceding. in such nuinner as the Li-'U- 
 tenant-Ciovernor shall direct. 
 
 « 
 
,-^W3f 
 
 CLEUKS AND UAlLlFFs' DITIES. 
 
 187 
 
 14H Tlu. rl.rk shall mnuVM- every c-lniin in the ovclcr 
 • ?n it veeivoa l>y him; the muuhering to show the 
 :;;::^:;:::it, inspect to the. h..onuna.e.^ 
 
 Xa'-in the Court for the then enrrent year. 
 
 11.1 In anv ease where the proceeaing hy SDecial 
 sunnnons is Avarranted, A shall i.e a i 
 l,.ss otherwise ordered hy the i.la.nt.ir. 
 
 ,a) ^Vhere a plaintilt orders an ordinary snmn.ons to 
 ^"^ ' ^ issued tor a elaim for whieh a speeial s^un- 
 
 ,,,,, .vould he warranted, and no no ice of c - 
 
 fenee is entered, and the case eon.es ' ^^^^^^^ 
 
 ,,ore costs shall he allowed the P -^ ^ - 
 ^ ^vould he taxed iipon a judgment hy default on 
 
 sDCcial summons. 
 ,50. TlK. clovk shnll nnnox to every sun.mons the cow 
 „r eli.„ e„te,.ea .i.h l,in„ -«;,'>;;= JU^Tl^ > e\.t 
 
 a luu-t of the siimiuons. 
 
 1,1 Th.. derk shall outer in tl,o procedure hook the 
 „„,;>*:,« „.oney. returned hy the ^'^f^;:;^ 
 
 !::., and he produced hy the clerk ^t He hen n^of e 
 
 „au.e, or .hen ."l"'-! » ^^Jl'tl I"!; u e ^ a l.aU- 
 
 nih'inal pmumous. in all cases, fchall "c |mi 
 
 :;.;; ot l-oolscap, m order that the pai-o- ruay he kept 
 
 therein. 
 
 1««. Kvery cle,. ..pou ^^i^^^^^^d'c^ilne; '^ 
 
 :::r';!ri;ra;rr:::::n::;ei:;;i.i.n,ade touch., suit, 
 
 U tl.e parties thereto, their solicitors or agents. 
 
 i 
 
188 
 
 DIVISION CO U UTS ACT, 
 
 TllK TIMAL LIST 
 
 SERVICE OF suiii'U-:na in foreign division. 
 
 154. The clerk of any Division Conrt sluill, wlion ro- 
 qiiircd, I'orwanl nil snniinonst's to the clerk of any other Divi- 
 sion Court in the same or any other county for service, and 
 the clerk of such other Division Court who shall receive any 
 summons sent to him by the clerk of another Division 
 Court shall hand the same to the haililV for service, and 
 when returned shall receive the same from the l)ailitl', and 
 prepare the necessary atlidavit of service, and upon payment 
 of liis fees and the fees for such service, shall return it to 
 the clerk from whom he received it, with tiie necessary afti- 
 davit verifying the service and nulcage. 
 
 (rt) Kvery clerk receiving such summons for service 
 shall enter all such ])roceedings in a book, to i)o. 
 called the foreign summons hook (Form .No. 10), 
 to he kept by him for the purpose of recording 
 the same. 
 
 (&) No clerk or baililf is authorized to receive money 
 from a defendant or primary del)tor, or garnishee 
 upon a claim or suit where the summons is 
 merely forwarded for service, or served under 
 this rule, either as agent I'm- the party, or as 
 clerk or bailiil' of the Court, or otherwise. This 
 rule shall not be held to apply in the case of a 
 clerk or baililf who is postmaster receiving and 
 transmitting money by means of jjostal money 
 order, under regulations of the })ost oiHce de- 
 partment. 
 
 ISa. The clerk sliall, for eacli sitting of the Court, 
 prepare three lists, viz.: A Jury list, in which he shall enter 
 all cases, to he tried hy a jury; a Judge's list, in which be 
 shall enter all cases to be tried by the Judge alone, and a 
 Judgment Debtors' list, in which he shall enter all cases in 
 which the judgment debtor lias been summoned for exami- 
 nation under section 235. 
 
 I 
 
 1 
 
I 
 
 1 
 
 THE TUIAL l.isr. 
 
 I8& 
 
 (a\ In the jury list, and Judge's list respectively, al 
 causes in which the sum sought to be recovered 
 does not exceed $100 sl-all he entered first; and 
 snbscinently all canses in which the sum exceed. 
 $100, and subject to this provision caAises shall 
 1,0 entered in the jnry list and Judges list, re- 
 spectively, in the order in which they were .n he 
 nrst instance entered with the clerk; and in the, 
 iu.loment debtors' list, they shall he entered in 
 the'^order in which the sninmonses for examina- 
 tion were issued. 
 
 (h) All interpleader issues, in which the money claimed, 
 ^ ^ or the value of the goods or chattels claimed, or 
 of the proceeds thereof exceed. $100, or ^^lere 
 the damau-es claimed by either party ag^"^^^ J^^^ 
 other or against the baili fT exceed the sum o $fi 0, 
 shall he entered among the causes in which the 
 sum sought to be recovered exceeds $tOO. 
 
 (c) Kothing in this rule provided shall interfere with 
 ^ ^ the'lisr-retion of the Judge to dispose ot he 
 
 c'Les at any such sitting of the Coiirt in the 
 
 order that may seem most convenient to him. 
 
 (d) The list shall be divided into and ruled with the 
 
 following six headings, viz.:— 
 
 1st. The number on the list (to l)e stated consecutively). 
 
 2n(l. The year, number of the summons. 
 
 3rd. Tlie style of the cause. 
 
 4th The nature of the subject of the action, whether 
 on contract or for tort, or in replevin, or an in- 
 terpleader, or a judgment summons, etc. 
 
 5th. The amount claimed (if any). 
 6th. The judgment, or order, or disposition made of the 
 case by the Judge. 
 
 
190 
 
 DIVISIOX f'ol'ins A( T. 
 
 TRFAr, V.y jlKV. 
 
 150. Ill ciisi' iiiiy parly lias rctjiiircd a jury to he sum. 
 iv.onorl to Htteiul nny sitting- of llic Court, the clerk shall is-, 
 sue a siiiiiiiions and also twelve copies tlioroof for service (Ui 
 the jurors, and shall delivei- them to the haililV for service, 
 rpon the return of the orioinal sninnions hy the hailiir, the 
 dork sjiall ])rei)aro nil allidavit of service and of the milea^i'o 
 nocossarily incurred to pfTect such service, which allidavit 
 shall ])o sworn })y the haililT. 
 
 I'RnCEEDIXCS IX TRAXSFKRKKI) CASj-.S. 
 
 J'ly. 'I'he clerk, u])oii receiving the pa[>ers and pro- 
 ceedings in any action transferred to the Court of his divi- 
 sion under section ST of the Act, shall at once enter the pro- 
 ceedings in his procedure hook, and nuiiiher the action in 
 the regular order as if it uere a new action eoninicnced on 
 tiie day he received said jiapers and ])rocee(1ings, and shall 
 place the action oji the list for trial, and take all further pro- 
 ceedings in the action, in the inaniier directed hy section s:. 
 
 IHH. After receiving the papers he shall forthwith 
 notify the parties or their agents by mailing them registered 
 notices informing them of the date, hour and place of the 
 sittings at which such case is to he tried. 
 
 15«. The clerk of the Court who issued the summons 
 shall certify to the Court to which the case is transferred, in 
 detail, all the costs incurred in the suit up to the date of 
 transfer, inclusive. 
 
 160. When dual judgment is entered hy the clerk, the 
 clerk is to file the summons and particulars of claim, with 
 the allidavit of the due service of both. 
 
 rOSTPOXKD JLDG.MEXT. 
 
 1«1. Tn case the Judge shall at the trial postpone pro- 
 nonncing his decision, and shall either omit to name a snb- 
 seqnent day and hour for the delivery thereof in writing at 
 
■Illi: TIII.M, LIST. 
 
 U»l 
 
 tlio ilci'k'ri olVife, as provided l.y scitinii 111. ",•, haviii.i: 
 i.aiiiLMl sued, dav an.l Imiir. >liall .unit to -iw his d..usioM 
 tl;rivat.and ^llall iinl liavc duly c-xt. Mid. mI tlir liiiH' foi-.u-ivm- 
 tlir >anH', his (Imsion may >uhsc.|UfUlly hi' ;:ivcu hy Idi.i at 
 nnv rcuhu- sittiims ..f the Court, or in writin- at tho rU'vk s 
 omco,'iipon a .h.y and h<.ur to he lix.d hy the Jud-e; pro- 
 vided tliat written notiee of lu> intention to do so shall liave 
 bcwi -ent to the [.arties. or their solieitor> or a-.'nls hy regis- 
 tered letter, at least ten days prior lo said sitim-s, or to I ho 
 dav so ii.xed hv the .hid-e, eillu'r hy thr Judge or by the 
 ,l.Vk of tlu' ('ourt; sueh letters to he ad.hvsse.l to them at 
 ,lu. addresses given hy then, in pnrsuanee of IJnle No. jll, 
 if sueh addresses have heen given: and if not. then at then- 
 last known places of abode. 
 
 !«'» In v:\-r the defeinlant shall have given the clerk 
 notice that he disputes the plaintiiVs elain.. or any other no- 
 tice of which the plaintiff sho.dd he infor.ned before the 
 trial, or if the defendant has given a confes>.o.,, ..r tailed to 
 oive notice of defence when re.iuired, the cU'rk shall lunue- 
 (liately send the idainiiff notice thereof. 
 
 1«». The clerk of every Division Court shall, innnc- 
 diately after the receipt of any sun. ..f money for any party 
 to an\iction, forward through the post oiUce, to the party 
 entitled to ivceive the same, a notice, enclosed in an en- 
 velope, addressed to such party, or in case of a transcript o 
 ■unWmvAt from another Court, then to the clerk who issue, 
 the'^ame, at his proper post otiice address, inforniing nm of 
 the receipt of the money. The notice thus sent s ujll be pre- 
 ,.ai.l and registered, and the clerk shall obtain and file among 
 the papers in the action the post oiVice certiilcate of the regis- 
 tration, and shall be at liberty to deduct the postage and 
 charo-e for registration from the m.>neys in his hands, but lie 
 shalfcharge no fee for the notice. The absence from among 
 the papers in the action of the certificate of registration shall 
 be prima facie evidence against the clerk that the notice has 
 not been forwarded. 
 
 
192 
 
 DIVISION COUHTH ACT. 
 
 1«4. The tloik and Imiliir ,.f the Court shi.ll net imon 
 miy pretence whatever withhold any moneys received lor 
 Kuitors, on the ••roiiMd that any (lerk or ha'ilill' may he in- 
 dehted to the ollicer Jioidiii^ siidi money either I'or l'ee< or 
 costs or otherwise; hut all sudi moneys, ^^lKMl reeeiv./l or 
 e<.lleete(l, shall at oiiee he duly paid over to the order of the 
 j.arty entitled to the same without referenec to siuh ac- 
 counts. 
 
 1««. Where money is reeeised by the clerk on a suit 
 entered hy a solicitor or agent who has j.aid the deposit, or 
 is responsihle for costs to the clerk, such money shall not 
 without notice to the solicitor (,.• a<rent he paid" out to the 
 jierson henelicially interested tlu'rein, nidess ui)on the order 
 of the .ludge. 
 
 NOTICE TO I)I:FKN-I1.\NT ok IT.AINTI FF, T'RoCEEDIXn Foli 
 KH.M.MXDKU OF i I.AI.M. 
 
 1««. Tn case the jdaintiir has si-rnified in writini; his 
 intention to proceed for the remainder of the demand 
 claimed, the clerk shall notify the defendant, hy post, or hy 
 scndin.<r notice to liis usual place cd' ahode or business, and • 
 the notice shall state when and where the case is to be tried. 
 
 NOTICK, ox r.KAVF C.RAXTFI) TO DKFKXI), 
 
 I«7. When thedud<re has, by order, granted leave to 
 a defendant to dispute the plaint ilfs claim, and the defen- 
 dant has left with the clerk the requisite notice, as provid-d 
 by section U2 of the Act, the clerk shall send to the plain- 
 tiff, his solicitor or agent, notice of such order, specifyimr at 
 what sittings of the Court the case will l)e tried. 
 
 1«.S. Jn any case in which the defendant, ])rimary 
 debtor, or garnishee, or a third party claimant in a garnishee 
 proceeding, or any other i)erson intervening or claiming anv 
 interest in the suit, has given the clerk notice that he di>'- 
 putes the claim of the plaintiff or primary creditor, or anv 
 other notice of which the plaintiff or primary o.- aftachin'r 
 creditor slionld be informed before the trial, or in anv case 
 
rilK TlUAl- LIST. 
 
 19S 
 
 ;„ which it lu,8 hovouM' tho (lulv (.f llu> ohTlc t.. giV. nol,.o 
 ,„ ,„v party to >« <"'Ui^" <'l" any .IdViU'C, >i(l.iiissi..n, .Iu.I.uvh 
 ,„,l'..r'or oti'ici JuutU-r, ul' wl.icli he ehuuUl ho notiliod hol\.rn 
 th. trial such noticr must show the place and tinio oL the 
 Httins's of the Court, at wind, the causo is to be heard. 
 
 lAO. Uh.'U anv nctieo rciuiivd to ho given to any of 
 ,h.. parties to a snil is sent throuj-li tlm post olVue tlie eleiU 
 ,hill re.Mster the letter eontaii-ng sueh notice, and shall ob- 
 
 ,;„ and preserve Avith the other paper, in the suit a eer..- 
 
 ju.t.tc of such re<;istration. 
 
 TKNDKU. 
 
 ITO ^Vheu a .lel'riulant pays incnu-y into Court, in 
 ,,,( ,„ynH.nt of the amount clain.ed (section lJJ5) or m m-- 
 :,,.. tlat he n.ay rely on the defence of tender (-^-^ ^ ; 
 ,^,„, „,, j,iaiutiir does not accept in sat.slact.on of the act,, 
 
 .nn^o paid into (^nn-t, the u.onoyshaU.u.oepaid^o^^ 
 
 ■ntil after he jud^Mne.lt, and any costs which shaL \uxu 
 ;:;:l:! aisled t.^h: defendant shall he deducted theretroin 
 
 lu.il |iiiiJ I" II"' ili-'fi'»>li">t- 
 
 ■rr.Nnr.R <>k i'AVm.cnt ui' monkv into cuurt. 
 ,71. In ,.„so a a., fcmlant pays into ('"urt a sum .■!: 
 , „„. . i„ r„ll salisfaitioii of plai.itilfs clemai..!, U.gah.'i 
 ; ;,„ d • s,..li..u 125 of the Act, «. i,lea,ls a toncu.. 
 
 , „ ti'ou l.vo.gM ana pay. n,oncy into Court, .n.le,; soo- 
 , , .'•> ot tl,o M. tl.o cl...-k shall give to tl.c planU.ll or 
 ,,o'n't .0 ice thcrooE fortluvith by post (on vccemng tl.o 
 ::..t«iry postage), o,- shall send the san.o to h.s usual place 
 ot ulioile or business. 
 
 AurLlCATION FOR NEW TRIAL 
 
 ira. In tbo event of an application for a new trial in 
 
 , c-,s,. in whicl. the sun. s,mght to bo recovcrefl exceeds $ l>t^ 
 
 r : i.lencc has been taken do.n in .nt,n,, ho clerk 
 
 shall forward the san,3 with such appl.cat.on and for the 
 
 purposes thereof. 
 
 m 
 
ill 
 
 ii 
 
 191 
 
 DIVISION COUlirS AC'I". 
 
 17J$. I'pr 1 api)lioiiti()n J'or a m^w trial, when oitlior 
 part} ai)pcals and leaves papers recpiirinii- service upon the 
 opposite party with the elerl< or at Iiis olliee, under section 
 150, tJie clerk shall forthwith mail, hy registered letter, all 
 such ]iai)ers to the person or party entitled to the saiii(\ or 
 his solicitor or a<ient, u])on j)ayjuent of the posta<i(' and his 
 fees for transmitting. 
 
 TAXATION OF COSTS. 
 
 IT'!. Jn eveiy cast' the clerk siiall make out a hill of 
 costs in detail, and the same may i)e endorsed upon cr an- 
 nexed to the original suniinons and may he in the form 
 shown. 
 
 (a) Where ])racticahle, the costs of an acti<m or maltcr 
 shall he taxed hy the clerk on the day <in wliich 
 the action or matter is tried or lu-ard, and ewry 
 taxation shall l)e suhject to revision hy the .ludn'e 
 or acting Judge. 
 
 1T3. On paynu'iit of a fee of |(» ct'nts evi'ry elei'k, 
 when i'e(piire(l hy pa-'ties paying costs, shall give a statemriit 
 in writing of items of all costs, including i)aililTs' fees 
 in detail, ami, U|)on heing furnished with the necessary \)oM- 
 age or post cai'd. transnn't the sanu' hy post. 
 
 UKTfKXS. 
 
 ITii. The clerk shall, on the lAth day of danuary in 
 every year, make, up lO and including the .'{jst day of l)e- 
 ceud)er of the jirevious year, a I'ctMrn to the insjiechu', under 
 oath (on forms to he furnished to him), showing the aggre- 
 gate amount of i'vv^. charges ami (Muoluments received hv 
 him, and which he has heconu' entitle(l to receive and has 
 not received, during the year. 
 
 17T. He shall transnut to the Treasurer of the Pro- 
 vince, on the ir)th day of .lanuary in every year, a du|)lii;Ue 
 of the said return, and shall also jiay to such treasurer, for 
 the use of the Province, such ])roportioa of the U-'i'>- and 
 emoluments earned hy him during the ])receding year as 
 under the Division Courts Act (section 59) he is not entith'd 
 to retain to his own use. 
 
■•'?!^ 
 
 ■rilE TIUAL LIST. 
 
 195 
 
 \7H The li-t of unclaimcfl moneys,; reqinred by the 
 49th section of the Act, shall he n.ade ^uKler oath according 
 to the Form No. •^•.>1, and .hall, in the month of January u 
 each year, he transnutte.l hy the clerk, together ..th the 
 ::!;evMi^ any) therein mentioned, to the eo.^^^^^ 
 attorm'y, and if no money renuun. unclanncd, the tact .hall 
 be stated in the allidavit. 
 
 179. \t the oi.ening of every Court, and at such other 
 ;i,ne. a. the .Ii.dge shall rec,nire, the clerk shall lay betore 
 Iw'Jdge the renu-ns of bailiff., nnder lUde 1.3, duly cert. 
 I'K-d under Kule VU. (See Form -m.) 
 
 IHO. The clerk shall, at every sitting of the Court 
 report in writing to the -Indge as to the sem'al surctus o 
 ,,l..el^ and the bailitf or bailiffs of his Court, f --^^ - 
 ther anv of then, have died, become insolvent or kit tlu 
 .ountrv'since his last report, and mentioning any tacts con- 
 nected" therewith ^vhich ought to be made knoNvn to the 
 Judge, 
 
 iHt Fvcry Division Court clerk shall make a return 
 to the inspector of Division C'onrts, on or before the 15th 
 day of January in every year, showing the number o judg- 
 „u""nt debtors who, during the twelve nu)nths ending the , 1st 
 dav of December previously, were ordered to l)e committed, 
 nnd also of those who were actually committed, under each 
 of the five heads meutioned in section 'IW of the Act. 
 
 TRANSFER OF CASKS TO THE 111011 COURT. 
 
 1S9. Where an (u-der of transfer is made, under the 
 Judicature Act or the Division Courts Act, the clerk of the 
 Court in which the i)rofeedings were instituted, or the suit 
 is i.endino-, shall annex together all the proceedings and 
 ^.aiK'rs filed with him and trar.sinit the same, together with 
 the order of transference or a copy thereof, to such oHicer 
 of the TTigh Court as the order directs. 
 
 hateiff's nuTTF.s. 
 1H». Every bailiff receiving summons for service from 
 a clevk, shall promi)tly serve the same, and shall immediately 
 
 Hi 
 
 
196 
 
 DIVISION COrUTS AC'i". 
 
 ai'tor service has l)een effected, make a return to such clerk, 
 showiug the mode of service, and unless such return he duly 
 made within six days after such service, the haililf shall not 
 be entitled to the fee for return and attendaucc and makiuir 
 alTidavit: aiul where a summons has iiot l)een served, the 
 baililf sliall, iuimediately after the time for service has ex- 
 pired, return the same to the clerk, staling the reason for 
 non-service, in wi-itiug, on the back of the summons. 
 
 1H4. Thv baililf shall attend every sittings of the 
 C'owvt at the ])lace appointed for holding the same, at such 
 time as shall be required l)y the Judge, and shall see that 
 all suitable [)rej)arations ai-e made for tiu' ])ro})er accommo- 
 dation of the Court. ITo shall make all necessary procla- 
 nuitious. preserve oi'ch'r. call the ])arlies and witnesses, and 
 perform such other duties thereat as may be imposed bv tlu» 
 Judge. 
 
 IHti. The liailiir shall keep a l)oi)k (>vv Form No. li'), 
 to be called '■ The IJaililf's Process liook." ami ho shall enter 
 therein every warrant or execution which shall have ])een 
 delivered to him to execute, and shall enter from tinu' to 
 time therein what he shall have doiu' under or with such 
 warrant or execution; and if the same be not executed ac- 
 C(»rding to the exigency tluM-eof. why it was not so execuled; 
 ami he shall, at all reasonable times, gixc lo every party in- 
 terested every information he may re(piire as to the exeeu- 
 tion or non-execution of any such warrant or execution; and 
 the book so reipiircd to be ke|.t shall at all reasonable times 
 be open to the inspection of the Judge or clerk. 
 
 {(i) J5ailitl's must return an execution wiiiiin thirty days 
 preset ibed by the Act (section 230) unless it has 
 been renewed at the instance of the execution 
 • ' creditor before the expiration of the thirty days, 
 
 or, tiidess the seizure under the execution has 
 been so recent that lie has been unable to ad- 
 vertise and sell the property within the tliirty 
 days; in which latter case he must make a report 
 to the clerk of the condition of matters and of 
 
 i-inipillli 
 
 mmmmmfmm 
 
THE TRIAL LIST. 
 
 v.): 
 
 the facts of the case, so as to enahle the clerk to 
 report them to the execution creditor. 
 (M In case the l.ailitt has oltered the property for sale 
 ^^ (after duly advertising it), ."ithont hemg ahle o 
 lither cifect a sale or to realize a reasonahW 
 amount therefor, he nmst not sacnhce lu^o 
 porty, hut must oiler it for sale again, i amUu. 
 !l,e thirty days, and if after the thu-ty days ^td 
 ll,e execution has not heen renewed, the execu- 
 tion must he returned property on hand lor want 
 
 .,. H 1 Zlimon is returned hy tlu^ Uaililfpro,^^^^ 
 ^^ on hand for .ant of buyers, alter the th.rty days 
 
 the clerk cannot renew the exeeution, hut mus 
 issue another process-directing the badill to sell 
 the i.n.pertv on hand for what it will hnng. 
 (J) The whole of tlH. n.oney for debt (or damages) 
 ^ eosts, interest, baililfs fees and percentage (but 
 
 not disburse.uents) n>ust he paid over by the 
 Lailiir to tlie clerk fron> whom he received tlie 
 execution; and after the hailiirs fees and charts 
 
 are duly taxed, the clerk nu.^t pay the haihiU 
 proper taxable fees on executions, duly returned 
 according to law, and none others. 
 
 IfiO. Kverv baililt receiving any money by virtue of 
 his oiUce, shall," innuediately after the receipt t^ci^^^^y 
 over the sanu- to the proper clerk, and neglecting oi lading 
 to do .0, shall be subjected to the loss of his office. 
 
 IH7. The hailiir or other otV.cer executing any warrant 
 of commitment shall, at the time of delivering the party 
 rr:sted to the gaoler, deliver to such gaoler the ^rrant o 
 commitment, and shall endorse thereon the amount o Is 
 fees and mileage, and a statement of the actual da> ot the 
 arrest. 
 
 188. The haililf receiving an execution shall iinmedi- 
 .nely endorse on the same a correct statement of the day 
 
 ■I'U 
 
19S 
 
 DIVISION ('(»!■ UTS ACT. 
 
 and lioiir of tliu day wlu'ii lie reeoivcs siicli oxiH-iitioii, and 
 in addition to the formal return (Forms ^^35 to 2;}7 inclusive) 
 on every exeeution returned, lie shall ^ive a correct and full 
 etatenicnt of the jiartieiilars, in detail, .if all his charges made 
 for fees and disbursements in (he execution 1 hereof: and a 
 similar statement in makin,!;- I'eturiis of writs of i'c|)lc\in aiid 
 warrants of attachment. 
 
 1H9. Kvery Imililf shall kee}) a casli hook (i-'orm Xo. 
 13) in which shall he entered all payments received l)y him 
 of moneys on executions or otherwise, from the defemlanls 
 or garnishees or others. 
 
 11>0. In case a "summons" is not served in time to 
 make the notice of the sittings of the Court, at the foot of 
 •■•warning Xo. 2,'' available for the informalion of the de- 
 fendant, the baililf shall return the same forthwith to the 
 clerk who issued the summons, and the clerk shall a'"" I a new 
 notice of the jjroper days of the week and month on which 
 the two or more ensuing sittings of the Court are to "!)(> held, 
 and shall forthwith return or transmit the same to the haililf 
 for service, and the proceeding herein directed may be re- 
 peated from time to time until due service is ell'ecled. 
 
 I»l. In case such summons has been seid to a foreign 
 Court the baililf .shall return it to the clerk of that Coiu't 
 for transmission to the clerk of the home Court, who shall 
 fldd the new notice above i)rovided for. 
 
 192. I'lvery summons must be served ten or fifteen 
 days (according to the residence of the defendant) before the 
 holding of the Court at which it is retiu-nable (neither .the 
 day of service nor the day of holding the Court to l)o 
 counted), 
 
 lt>». At every sittings an<l at such other times as the 
 Judge shall require, the bailiff shall deliver to the clerk of 
 the Court a statement or return on oath (Fonn 239), of every 
 wan-ant and writ of execution in his hands, and of what shall 
 liave been done since his last return, under every warrant 
 and writ of execution which he shall have ])een required to 
 execute. 
 
 r 
 
 ir»ffiWW)MHWrai>il 
 
THE TUIAL LIST. 
 
 191) 
 
 f 
 
 ,.,4 TlK' rri"'" mc.timu.d i.. tl.o U,-l ".lo shall be 
 
 ,xaM„,H. s,Kl, '-■"■'; „„.„,„,. ,|„il n,.lor.« tUevo- 
 
 Mitliiii Ml .iiiys all.T 11"' i^"il" ' " , , 
 
 „„ a n,. ■an.hnu i,. .I.o (..U.nvn.,- wonl- '» « ;'^' , 
 
 ;::r ;;;;r;:Mi:^™ " < '."- 
 
 "l.l5 In ca<(' tlu- vr.KeH..linos in any suit shall Le 
 
 :::::t:i:":s;tr;i:„t:';r:"t: ■■:::::;» 
 
 ino- tlicrcrrom. 
 
 UHi ^■o .lork or l.ailill' shall, (liivc-llv or imlireeily, 
 
 ,,,,:,,,, oH-e concerned in the ^-^^^^^^^' :'' ''^'^i;;^^^^ 
 ;,nal interest in a suit or ju.lgn^ent or claun m ^ "t, ^ th. 
 ,- ,„, ,,. ,Hi,h he shall W an olhcer, an. any clerk oi haili^^ 
 tnu.-ressinjv this rule shall he .uhjected to (he loss of hi. 
 otliie. 
 
 1«T. No clerk or l.aililV shall, either hy hin.sejf or his 
 ,,,,t,or in husiness. he en<.toed either directly or indirectly 
 ;,s auent for any party, durin^- the conduct of the cause in 
 (•ourt.-and any clerk or hailiif transgressing this rule shall 
 he >uhjected to the loss of his onice. 
 
 1«IH In case a defendant determines to settle an ac- 
 tion or nav the demand of a plaintilT, or pays money into 
 Court under section ^25, such settlement of the amount or 
 payment of money into Court must be made Nyith or ti) the 
 clerk of the Diyision Court in which the suit ^yas entered, 
 or the proceedings thereof are being carried on. 
 
 "8 
 
 I, Si 
 
200 
 
 DIVISION' coujrrs act. 
 
 10». Xo bailiir of any Court sliall have the right or 
 1)6 allowed to take or receive any money from any defendant 
 or party in any oanse, either in settlement or on aeeonnt of 
 any debt sued or claimed, or of the costs thereon, except in 
 cases in which he has an execution in his hands a^^ainst the 
 defendant or party, or a warrant of comniitmenr, and no 
 clerk shall have the right or he allowed to take or receive 
 any money from any defendant or party in any cause, either 
 in settlement or on account of any debt or costs, unless a 
 suit has been commenced in his own Court for the recovery 
 thereof, or the claim is actually in his hands for suit, or a 
 transcript of judgment against the defendant or party has 
 been sent to him from some other Court. 
 
 TrnOMKXT SUMA[C)\S. 
 
 aOO. A party liaviug an iinsatisded judgment, who 
 desires to proceed under the t>3r>th and subsequent sections 
 <)f tlie Act, shall lile with the clerk an alVidavit (Form \... 
 .'53), or to the like ell'ect. aiu1 thereupon a sunnnons (iMinn 
 So. 5-1), bearing the proper new nund)er in its order, sliall 
 be issued; if the proceeding be taken in a Division Court 
 other than that in which tlie judgment was entered, there 
 shall be delivered to the clerk a tran>eri])t of such judgiiu'iit. 
 
 201. In ,„.(|(.i- that a party wlio after examination has 
 been discharged by the Judge may not be again sunimone.l 
 for exann'nation at the suit of the same or any other credi- 
 tor, without notice of such examination, every clerk shall 
 keej) a book in whieh entries may be made in the 'orni of 
 an index, to be calh-d the - Judgment J)ebtoiv l5ooi< " 
 (Form S) in which shall lie entered the dale when each judg- 
 ment debtor was examined and dischaiged by the d.-dge. to- 
 gether with the number and style of the cause in wldch he 
 was summoned and examined. 
 
 202. In ease a judgmeni debtor who resides more than 
 three miles from the place of the sitting of the Court, is 
 summoned under section 235 of the Act, and does not attend, 
 such non-attendance shall not be considered wilfid, unless 
 
 i 
 
TllK IIUAL LIST. 
 
 201 
 
 „1 such iittino 0. . ,!,„ _|,„,„,,. 
 
 ()l SUCH 83ll«.'"& v.. — - 
 
 the cause sinless othenviso ordorod 
 
 WARRANTS OF COMMITMKNT. 
 
 ..O-t \V-m-aiUs ..r .onunilmeiit .luill lx>ar (late on the 
 
 . , i ; u ov.Vr lor eonnnitiuont is nuulo, and sha 1 
 
 ,lav on wliH'h tlu okk i i i ^^^^ 
 
 livery to the baililt Joi caliu ]on<Tor, imle^s 
 
 ,„ i. calendar ,„o„tl,s Iron, s,u , .W^ - > ' ^'^^^ ^^^.. ,^,^.,^ 
 
 ,,,,,,,,1 „, „„ .. f *-;;„':,,„!,, J ,.KM,,„nop 
 .l,„wi„g t H. cansc ol c non -«e ,^^^^^^ ,,,, 
 
 ,,aval>lc tlicreunclci- l.axc not 
 unaiC^ii.) 
 
 r;,;i':.asr;i::rtrtBfS 
 
 ,,,ther period. SueU renewal ^^f]^^^^^^^ J^^,,,^ of 
 ,eoding six calendar ninths, and ma^, m the 
 the Jndgejje for a less period. 
 
 »>0^ Tho renewal of a warrant shall be made hy the 
 
 calendar n'onths from the day oi 
 
 A.D. 18 . X Y 
 
 Ckrk." 
 
 IHl 
 
 rAVMF-NT OX ARREST. 
 
 »>00 AVhen a warrant of connnitnient is issued, the 
 defe;:J!!:^.^^^ at any tin. before his hody is delnW ...0 
 
 
i i 
 
 ■202 
 
 DIVI.SIOX COl'Urs ACT. 
 
 the custody of tlu' <riU)]or, ))!iy to the huiliU' tlic arnoiinl on- 
 dcrscd on the warrant, as that on the pavinftit of which ho 
 may bo disi liar<ic(l, and Iho hailitl" shall forthwith jrivc a 
 receipt therefor. On rc(HMving such amount, or at the lo- 
 qiiest of the jiidnmcnt creditor, in writin<;', the haililf shall 
 dischariic the defentlant. and shall, within 1 w<'ntv-l'()iir hours 
 after receiving sneli anioimt, |)ay over the same to the clerk 
 of the Coiii't who issued ihr warrant. 
 
 AMKXDMKA'I'S AND CilAXdK OK PAUTIKS. 
 
 tJOT. Wlu'i'e an action has heeii eoiiiinciieed in the 
 name of the wrong person as |)laintiir, or where it is doi.ht- 
 .fnl whether it has been eoiiuneneed in the name of the riuht 
 jdaintilf or j.huntilfs, the Conrt or a Judge, if satisfied that 
 it has been so commenced, through a linnn fide nnstake, and 
 tliat it is jiecessary foi- the determination of the real matter 
 in dispute so to do, may order any other person or persons 
 to be substituted or added as phiintiif or plaint ilfs, upon such 
 terms as may seem just, but no person shall In; added or sub- 
 si ituted as a plaintilf without his own consent. 
 
 SOS. In case it is found that a wrong ])arty, as defeml- 
 ant. ])i'inuiry debtoror garnishee. , has been ^wvA or served 
 with a summons, and it is desired to add a party under sec- 
 tion ins, the Judge may grant an ordei- therefor after action 
 commenced ex parte, ju-ovided those })ersons who have been 
 already made ])arties have not been served with the summons. 
 If tlie apjilication be made after service of the summons, tlu; 
 order a<Iding other parties, as defendants, primary del>tors 
 or garnishees, must only be granted upon notice to those 
 ]iarties who have been already served with the summons. 
 
 200. In case an amendment is directed or allowed to 
 be made at the trial, it shall not be necessary to draw up or 
 i>sue an order therefor : the amendment may be at once 
 made, or a minute of the amendment to bo made may 1)0 
 entered in the procedure book. (('. J. I{. 440.) 
 
AMKNDMKSTS AND (•IIAN(5K oK I'AUTIKS. 
 
 2o:i 
 
 •»lO Wlu-iv scvi-ial pLTscns imh- ina.U' (U'lundants, and 
 nil o7tlK*.n have not heeu ..rvc.l, the lunno or names oL Ih. 
 .U.lVndanl or defendant., nvIu. have not ho.n .orvc-d, may, at 
 tl,e instance of either party, he struck out l.y order ol the 
 !,;.d..., ou such teru.s as lu^ sludl tiunk lit: and tlie cause 
 shall then proceed a-aiust the party served as to se. )ll, 
 Counter-claim a 
 heen served. 
 
 •Ml. VnvappTicathm t.. add or strike ont, or subsli- 
 lute a i.laintitr or defendant nuiy he nuule to the Jud^e at 
 any tin.e before trial, by motion or notice, or at the trud oL 
 ilu"' action in a sumnuiry manner. 
 
 •»!'» In anv case Nvherein it appears to the Jud-e that 
 a pa7tv, defemlant. has been iuM.n'pcrly a.lde.l. n.erely lor 
 11,;. purpose of ^ivin^ the Court jurisdicti<m. ,u- colorable 
 jurisdiction, over a cause of action, to the pre.,ud.ce or in- 
 convenience of another defendant or otherw.se the dud^^o 
 nun- in his discretion, strike out tlie name ui such i-arty and 
 disallow all costs that n.ay have bem in<.urred by making' 
 hin, a defendant, and allow to biu> su.l, costs as he has be, n 
 ,,t ,o bv reason <.f havino- been nuule such delendan ; an.l 
 Iherebv leave the ren.aininfr parties to their rij^hts, whatever 
 tlu-y niay be, as to jurisdiction <.r otherwise. 
 
 •»!•* When a person, other than the defendant, appears 
 at tlm hearinu-, and adn.its that he is the person whom the 
 plaintitr intended to charjxe, his tiamc n>ay be substituted lor 
 Ihat of the defendant, if the idaintitV' consents, and there- 
 upon the cause shall proceed, as if such person had been 
 ori^inallv named in the summons; and, it necessary, .he 
 lu.uin,/mav be adjourned on such teru.s as the Judge ma> 
 think 'lit: and the costs of the person originally named a. 
 <k.fendani. shall be in the discretion of the .ludge. 
 
 ai4. Where a partv sues, or is sued in a representative 
 character, but at the hearing it appears that he ough to 
 have sued or been sued in his own right, the Judge ma) a 
 the instance of either party, and on sucl- terms as he .hall 
 
 .ill 
 
 liliU 
 
 "111 
 
201 
 
 DIVISION CIOUUTS ACT. 
 
 tliiiik fit, aiiicncl the ])roceo(liiigs aceonlingly, and the ca-c 
 bliall tlu'ii ])rocoi'(l in all n'S|)(H'ls, as to sot-olF, (trnintor-clauu 
 and otlit'i' matters, as if the proper description of tlu- jiarty 
 iiud been given in the fSUinnionH. 
 
 JJI5. Where a parly sues, or is sued in liis own rij,dit, 
 1>nt at the hraring it appears that lie ouj;ht to have sued or 
 heen sued in a re|n'esentative charaeter, the dud^e may. at 
 the instauee of either party and on such terms as he shall 
 think lit. amend the jiroeeedinj^s aceordinj^ly, and the ia>e 
 shall tlu'ii proeeed in all res|)oets, as to set-oil', counter-claim 
 and other matters, as it' the ]>roper d.'scri[)tion of the party 
 had hecii i;iveii in the summons. 
 
 tilii. No action or iiiattei- shall he defeated hy reason 
 of the nnsjoinder or iioii-joinder of parties, and the . Indue 
 may in everv action or matter deal with the matter in eon- 
 troN'ersy so far as re^uards th." ri^^hts and interests of ilu' 
 parties actiiall_\ heiure him. The dudue may at any sta^'o 
 of the pi'oceedinjis, either upon oi- without the apjdicat i(Mi 
 of either party, atid in such terms as may he just, order that 
 the names of any ])arlies imprt)per]y joined, whether as plain- 
 tiffs or as defendants, he struck out, and that the names ot 
 any parties ])e added, whether plaititill's or defendants, who 
 ought to liiive heen joined, oi- whose presence before the 
 .ludge may he necessary in oi'der to enable him elfeclually 
 and com])lctely to adjudicate upon and settle all the ([ues- 
 tions involved in the aciion or iiiiitter. So pei'son shall be 
 added as a plaint ilV suing without a next friend, or as i!io 
 next friend of a plaintilf under any disability, without his 
 own consent in writing thereto. Mvery j)erson whoso namo 
 is so added as defendant shall be served with a copy of the 
 order so adding him. and the proceedings as against such 
 ])arty shall be deemed to have begun only on the service of 
 sncli order. 
 
 21*' "Where it appears at a trial that a less number of 
 jiersons Jia\o been made plaintilfs than by law reqnired, the 
 name of tlie omitted person may, at the instance of either 
 party, ])e added, hy order of the Judge, on such terms as ho 
 
AMKNDMlvNTS AM) tllAN<a-: ul" I'AllTIKS. 
 
 205 
 
 vlmll think lit, mul lluicup.m tin- ;u-ti..ii shall pnu-ood in ail . 
 iv^pectH as if till' i.n.iM'<" l'^'''^"»=^ l""l '»''■' »"''^''""»ly '"^^'^ 
 parties- and if su.li !HTs..n sluill, cilh.-r at tin- trial or at 
 !omo a'(ij(,urnn.Hit th.'ir..!', iKTsunally or hy writin-, s.irno.l 
 |,v liini or liis solicit(.r, coiisciit to l.ccomo a plaintili m 
 ,;,a„ii.T aloivsai.l, tlH' .liHl-r >hall llim pn.uoun.v ju.lgn.ml 
 a, if sucii |H.Tson lia.l ori.i,nnally l.c'ii mad.' a olainlitV, hut il 
 MH'li iKTson shall not ..niM'nl to hi'.oinr a plainlilT in nianner 
 aforesaid, either at tlu- trial or at the adjournnimt tlu-reof, 
 the action or matter shall lie strnck out. 
 
 lilH. \Vhcr(' the name or dcscriiition of a I'laiutiff in 
 the summons is insulVieient or incorrct, it may ho amended 
 at the instance of either [.arty hy order of the Judge, on 
 Mich terms as he shall thiidc lit, and tlu-reupon the action 
 shall proceed in all respects as if the name or description 
 had heen orginally such as it appears after the amendment 
 has heeri made. 
 
 2I!>. Where the name or description of the defendant 
 in tlie summons is insulVicient or incorrect, it may he amend- 
 ed at the instance of either party hy order of the Judge, on 
 such terms as he shall think fit. and therenpon the action 
 shall proceed in all respects as if the name or description 
 liad heen originally such as it ai.pears after the amendment 
 iias heen made: hut if no ohjeclion is take]i to the name 
 ,,r description, the adiou may proceed, and in the judgment 
 mid a!! suhseciuent proceedings founded thereon, the defend- 
 aut may he named and descrihed in the same nuinner. 
 
 220. Tn actions or matters hy or against a hnshand, ir 
 a wife or a husLand 1)C improperly Joined or omitted, or if 
 one of them ho improperly substitnted for the other, the 
 summons may at the trial he amended at the instance of 
 either ])arty hy order of the Judge, on snch terms as he shall 
 think fit, and thereupon the action shall proceed, in all re- 
 spects as if the proper person had hccn made a party to the 
 action. " ' • " 
 
 221. Where a defendant is added or snbstituted, ex- 
 cept where a defendant is substituted under Eule 313, an 
 
 ''IJ 
 
20() 
 
 DIVISION ((lllls ACT. 
 
 order i^liall l»i' tlriiwn up, jiikI f.)^a'tlior with a copy ..f the 
 HUinmoiiH and particidars of tlaim. and a iiotiro setting! fortli 
 the day and place njion and at which he is to attend at ilie 
 Court, sliall l)e servi'd upon Jiini, accordinji; to tiie praetiuo 
 in the ca.-e of service of ordinary summons. 
 
 NVliliRK A PKKSON IlKordllT l\ DDKS \()T AI'l'KAK AT TIIK 
 
 TUIAF.. 
 
 *2'2*2- If !i person not ori»>ina]|y a party to the action, 
 wlio lias been served with a c<»j)y of an onh'r achling iiini as 
 a ]taity, (h)es not appear at the li'ial. the .lud<^e may |)roiee(l 
 with tile trial uotwilhstandin};, and <:ive such jud«,MiH!nt nv 
 niakt' such onh'r as may lie just apiinst the person so served 
 and not appearin*:', or may adjourn the trial, and ;:ive .>iuli 
 directions and mal<e such order as to costs as he shall 
 think fit. 
 
 SStl. An action oi* mailer shall m»t heeome ahaled hy 
 reason of the marriage, death or insolvency of any of tlie 
 parties, if the cause of fiction survive or continue, and shall 
 not become defective hy the assignment, creation or devolu- 
 tion of any estate or title priidrnh' lilo, and whether the cause 
 of action survives or not, there shall he no ahatement hy 
 reason of the death of eitln >■ party hetw< en the verdict or 
 finding of the issues of IV.ei iiid the judgment, hut judgment 
 may in such case he entered notwithstanding the death. 
 
 lillliiMi 
 
 CHAxr.K oi- i\\urii:s ukfork jrocMi'.xT. 
 
 224. "Whore, hy reason of any event occurring after the 
 oommonceniont of any action or matter, there shall he any 
 assignment, creation, change, transmission or devolution of 
 the interest, estate or title of any plaintiff in any action or 
 matter before judgment, the person to, or upon whom such 
 interest, estate or title lias come or (lovolved, may give no- 
 tice thereof to tlie clerA', with liis name and address, to- 
 gether with an affidavit of the truth of the fact stated in 
 such notice. 
 
AMKNDMKNTS AND CHAN(JK OK I'AUTIKS. 
 
 207 
 
 (n) And tlu'rciipon siu li iKtU sliall ciiusc a copy of siuli 
 iiotici' tu lie ^'ivcii to tlio (li'lciidiiiit in the action 
 or mat (it, in wliicli shall 1k' oniltodicd a iioti"(» 
 tliat unless upon a day to lie named tlu-rein lu' 
 appears and shows cause against the name, the 
 person to (»r upon whom such interest, ostalo or 
 title has come or devolved, will he substituted 
 I'or, or made a joint plaintilV with, the idaiuull' 
 named in the original suiuiuons. 
 
 SL'USTlTUTKiN ol" A DIU'KNDANT. 
 
 aS8*l. AVhere hy reason of any event occurriuj; alter ti>o 
 comnu-nceuient of any action uv matter, there shall be any 
 assijiuuieut, creation, change, transmission or devolution cf 
 the lial)ility, interest, estate or title of any defendant, in any 
 action or matter, before jud<xmeut, the plaintilT, or the de- 
 fendant or the person to or upon wliom such liability, in- 
 terest, estate or title has come or devolved, uiay, in like 
 uianner, f,'ive notice to the elerk, who shall take ])roceedings 
 thereon, similar to those prescribed by the last precedin|4 
 rub", and a defendant may be sul)stitnted or added, as the 
 (ase may be, in manner similar to that providetl in such 
 ride for the sul)stitution or addition of a jdaintiir. 
 
 ciia::gk or pakties or ni-.\v capacity. 
 
 22«. Where, by reasou of any event oeeurrin<; after 
 the commencement of any action or nmtter, and causing a 
 change or transmission of interest or liability, or by reason 
 of any person interested coming into existence after the com- 
 mencement of the action or matter, it becomes necessary or 
 desirable that any jierson, not already a party, should be made 
 a partv, or that any jierson, already a party, slundd be made 
 ;•. party in another capacity, an order that the proceedings 
 shall r>e carried on between the continning i)arties and such 
 new partv uuiy be obtained before or at the trial, on applica- 
 tion to the .iudge, n])(m an allegation of such change or 
 transmission of interest or liability, or of sncli person inter- 
 ested having come into existence. 
 
 nil 
 
 l1 
 
i i 
 
 208 
 
 l>i VISION COURTS ACT. 
 
 XOTICK OF OKDHK Til KKK|-or. 
 
 S2T. All ordtT obtnincd a.s in tlie last preceding ruk> 
 mentioned shall, unless the Judge shall othcuviso direct W 
 t-erved upon the continuing- parties, or their liolicitors, and 
 also upon each such new ])arty, unless the person making 
 Ihe apj.lication be himself the only new jiarfv, and the ordor 
 shall from the time of such service, subject" neverlholess to 
 the next two following rules, be binding on tiio persons 
 served therewith, and every person served therewith, wlio is 
 not already a party to the action or matter, shall bo bound to 
 appear at the trial, and in tli(> same manner as if he had been 
 served with a summons. 
 
 aa.S. AVhere any jierson being under no disability, or 
 under no disability other than covciiuiv. or beino- under any 
 disability other than coverture, but having a guardian \?i/ 
 Jilcm in the action or matter, shall be .served with such order 
 as mentioned in IJule 2Vl such person may, at or before the 
 inal. apply to the .Judge to discharge or vary such order, 
 
 a:i». Where any person being under any disability 
 other than coverture, and not having a guardian ad lUrm 
 111 the action or matter, is served with any order as mention- 
 ed in Kule 22G, such person may. before or at tlic trial, apply 
 to the -hidge to discharge or vary such order. 
 
 aaO. When the plaintiir or defendant in an action or 
 matter dies, and the cause of action survives, but the person 
 entitled to ])rocced fails to appear on the rettn-n dav, tlie trial 
 niny be adjourned or judgment may be entered for the de- 
 lendant. or (as the case may be) for the person against whom 
 the action or matter might liave been continued; and in 
 ^..eh case if the {.laintilT has ,lied execution mav issue as 
 provided by .'Rule 140. ' / ' 
 
 ol^ ;**'• ^^^''"■.■•<' '» Vhunm or defendant is .substituted, cr 
 added or there ,s a change of parties under the.^e rules the 
 procedure book shall show the same by proper entries the'reof, 
 nnd If necessary the cause tliereafter may be entered in a 
 
 i it 
 
 ■■mmBii 
 
 mMmpiMR 
 
GENERAL RULES. 
 
 209 
 
 ■cding- rule 
 ' direct, iH' 
 c'itors, and 
 )n makiiit'' 
 I the ordor 
 rtlieloss lo 
 10 i)crsoii< 
 til, who is 
 ! bound to 
 ' had born 
 
 d)ility, or 
 nidor any 
 irdian ml 
 nob ord('r 
 •ofore tile 
 order, 
 
 disabiliiy 
 ad Jilr)ii 
 inontion- 
 al, annlv 
 
 .ction or 
 e person 
 the trial 
 
 the do- 
 it whom 
 
 and in 
 ssuo, as 
 
 dod, rr 
 los, th(! 
 dioreof, 
 d in a 
 
 
 new place in the procedure book, retaining the original year, 
 number of cause, and all subsequent proceedings are to 1)e 
 carried on under the altered title with the same year number. 
 
 GENERAL RULES. 
 
 2;$3. Claims by or against husband and wife may be 
 joined with claims by or against either of them separately. 
 
 2»». The Court has no jurisdiction to try an action 
 upon a note of hand, ^\ bother brought l)y the payee or any 
 other person, the consideration, or any part of the considera- 
 tion of which was any gandding debt, or for spirituous or 
 malt liipiors, or other like liiiuors, drunk in a tavern or ale- 
 house. The term " note of band " in the Act and in this 
 rule shall be bold to include pronuisory notes, bills of ex- 
 change, oho(iues, orders for the payment of money, due bills, 
 1. O.'^r.*!^, and all evidences of debt under the hand of the 
 debtor. 
 
 INFANTS. 
 
 2»4. A nunor nuiy sue in a Division Court for any 
 sum not cxceedi'ig $100, duo to him i'oi wages, in the same 
 manner as if bo wore of full ago. 
 
 2:$5. AVboro a minor applies to enter a suit for any 
 cause of action other than for wages, or is a claimant in an 
 interpleader proceeding, he shall procure the attendance of 
 a next friend at the ollicc of the clerk, at the time of enter- 
 ing the same, who shall sign an undertaking (Form 194) to 
 l,e%csponsiblo for costs; and the cause shall proceed in the 
 name of the infant ))y such next friend, but no order shall 
 bo necessary for the appointment of such next friend. If lO 
 plaintill' or claimant fail in, or withdraw, or discontinue his 
 suit, and do not pay the amount of costs awarded against him, 
 proceedings may lie taken for the recoveiy of such amount 
 from the next friend, as for the recovery of any judgment 
 debt. 
 
 D.C A. — 14 
 
 
 I m 
 
 ■Ml 
 
210 
 
 DIVISION COURTS ACT. 
 
 1 
 
 1 H 
 
 FORMAL OBJECTIONS. 
 
 2iiii No proceed ii\i>- sliall l)e defeated l»y aiiv formal 
 object ion. 
 
 fiii'7. Xon-coiii]i]ianco witli any of these rules sliall not 
 render any proceeding in any action or matter void, unless 
 the Judge so directs, but such ])i'oceeding may be set aside, 
 cither wholly or in part, as irregular, or amended, or other- 
 wise dealt with in such manner and upon such term.s as the 
 Court or Judge thinks fit. 
 
 2J5?*. "Xo application to set aside ]irocess or proceedings 
 for irregularity shall ])e allowed, unless made within a rea- 
 sonable time, nor if the party applying has taken a fresii 
 stcj), after knowledge of the irregularity. 
 
 23t>. The Judge may at any time, and on such terms 
 as to costs and otherwise as to him may seem Just, amend 
 any defect or error in any proceedings; and all such amend- 
 ments may be made as may be necessary for the advance- 
 ment of justice, determining the real question raised by or 
 de})ending on the proceedings, and best calculated to secm-e 
 the giving of judgment according to tlie very right and ji;.-- 
 tice of the case. 
 
 t240. All notices rcipiired by these I'ules, or by <!io 
 practice of the Court, shall be in manuscript or ]irint, unless 
 expressly autliorized by the Conrt, or a .ludge, or by these 
 rules to be given orally. 
 
 ! :! 
 
 PARTIES TO LEAVE ADDRESS WITH CLERK. 
 
 941. Whenever the ))laintiir shall enter his claim for 
 suit, or the defendant or any other party shall give notice of 
 set-off. counter-claim or other defence, he shall give to the 
 clerk his address, or that of his solicitor or agent, and the 
 delivery of any notic(> to such plaintiff or defendant or other 
 party, his solicitor or agent, or the mailing thereof by the 
 clerk to such address, shall be a sunicieni i>rvice, but tho 
 Judge may, in his discretion, put o(T a trial, or set aside, or 
 
 I 
 
 ^■m 
 
GESEUAL IIULES. 
 
 211 
 
 stay proceedings, on his being satisfied that there is good 
 cause so to do. 
 
 AS TO UNAUTHORIZED FORMS AND PROCEEniXCS. 
 
 2-42. All proceedings, hooks and documents shall be in 
 forms similar to the forms to those rules appended, where 
 the same are applicable, and no ])rinted forms shall be used 
 by any clerk or bailiff of a Division Court unless in accord- 
 ance with the forms a])pended to these ndes, and if an un- 
 authorized form shall be used no fee shall be payable to the 
 oHicer in res])ect thereof, and in cases where no forms are 
 provided, parties shall frame the ])roccedings or documents, 
 using as guides those appended to these rules. 
 
 ((() Any printed forms or books which, with the aji- 
 proval of the Judge, have been used previous to 
 the framing and approval of these rules, may be 
 used, unless and until the Judge shall otherwise 
 order. 
 
 24J$. K.\cei)t where olherwiso provided by statute or 
 by these rules, no orde.- giving leave to take any proceeding 
 net'd be drawn u)) or served unless the Judge shall other- 
 wise order; but such leave sliall l)e minuted in the procedure 
 book. 
 
 PAYMENT INTO COURT. 
 
 344. When the plaint itV shall, in accordance with the 
 123rd or l^Oth sections of the Act signify to the clerk his 
 intention to }>roceed for the remainder of his demand, and 
 such signification shall be given within three days after he 
 received notice of the ])ayment into Court, but after the ris- 
 ing of the (\)urt at which the summons was returnable, the 
 case shall be tried at the then next sittings of the Court, and 
 be put upon the list for that Court in the regular order, but 
 upon ai)i)lication to him at any time the Judge may further 
 postpone the trial. 
 
 245. "When an action has been stayed, under the pro- 
 visions of section 123 or of section 12G of the Act, the Judge 
 
 iP 
 
 m 
 
 I 
 
212 
 
 DIVISION co[Jirr.s act. 
 
 shall have power, upon application luade for that purpose by 
 the plaintill", explaining in a satisfactory manner his omission 
 to si<,aiify his intention to proceed, and after hearing the par- 
 ties, to remove such stay and to allow the action to proceed, 
 npon such terms as he shall deem just. 
 
 240. In an action of detinue the defendant may, with a 
 tender of the siil)ject of the action for the detention whereof 
 the action is brought, i)ay money into Court as compensa- 
 tion for damages for the detention, thereof, and for injury 
 caused thereto, or either or both, with costs of the action. 
 
 (a) Where the defendant is desirous of paying money 
 into Court, pursuant to this rule, the practice 
 respecting the same shall, in all respects, be 
 regulated by that iinder which a defendant may 
 pay money into Court in other actions as provided 
 by this Act and these rules. 
 
 i 
 
 i ^1 
 
 SUITORS MOXEVS : HOW PAVAliLK. 
 
 247. All moneys are ^layable to the jiarties at tlic of- 
 fice of the clerk, without the jiayment of any fee whatever. 
 In ease a party desires that money shall be transmitted to 
 him, he shall give to the clerk written directions as to the 
 mode of transmission, and in the absence of sueh directions 
 the clei'k shall not in any case transmit moneys of suitors. 
 ]\roneys transmitted according to sucli directions shall be at 
 tlie risk of the party who gave them. All necessary cx- 
 ]ienses incurved in transmission of moneys shall bo l)orne by 
 the ]iarty to whom transmitted, and may l)e deducted by the 
 clerk. 
 
 24S. AVhen the clerk issues and transmits a transcript 
 to the clerk of any other division, the ])laintiff or person en- 
 titled to such money may by an order in writing, endorsed 
 on the transcript, signed by such plaintiff, or person, direct 
 the clerk of the foreign Court to pay over the money, when 
 collected, to the transmitting clerk or clerk of the home 
 Court, or in any other way the person so entitled may desire 
 and direct. 
 
 U-A. 
 
GENERAL RULES. 
 
 213 
 
 2411. All suinmary ai)plications to a Judge in Cham- 
 bersrothcr tlian aiiplications for new trials, may 1)0 made on 
 lioticc or by siunmons. 
 
 250. Wlien anything required by the practiee of the 
 Coui^ to bo (lone by either ])arty, before or during the hear- 
 ing, has not been done, the Judge may, in his diseretlon and 
 on 'such terms as he shall think fit, adjourn the hearing to 
 enable the party to comply with the practice. 
 
 251. All applications to the Judge to set aside or stay 
 any order, judgment, ])rocess or iiroceeding in any cause or 
 matter in a Division Court, and all other ai)plicati()ns, excci)t 
 in matters which may be disposed of upon an ex parte ap- 
 plication to the J^idge, and applications otherwise specially 
 provided f(n- by these rules, may be made viva voce a' any 
 .fitting of tlie Court, if both parties be present, or upon aff,- 
 davit,''ihe oi)positc i)arty having notice of such application 
 and of tlu^ grounds thereof, and the order or decision of tl'C 
 Judge upon such apidication, if made at a sitting ol! iho 
 Court, shall be entered by the clerk as in other cases of order 
 made; if made upon athdavit elsewhere it shall be mailed 
 CO the clerk or delivered at his ollice. 
 
 DISCOXTrXUAN'CE OF ACTION. 
 
 252. If the plaintilf desires to discontinue the action 
 or matter against all or any of the parties thereto, he shall 
 give notice thereot in writing (by post or otherwise) to the 
 elerk and to every i)arty as to whom he so desires to discon- 
 tinue, and the i)arty receiving such notice may apply to the 
 Judge for an order against the plaintifl! for the costs incurred 
 before the receipt of such notice. 
 
 ((/) Where in a contested case the defendant or other 
 party has prepared for trial, and before the open- 
 ing of the Court the i)laintifP has withdrawn or 
 discontinued the action, so short a time before 
 the sitting of the C^ourt that the defendant, or 
 other ])arty, cannot in the ordinary way be noti- 
 ■ fied thereof, and without such notice the defen- 
 dant bona fide and reasonably incurs expenses in 
 
 Hi 
 in 
 
I 
 
 214 DIVISION COUllTS ACT. 
 
 procuring witnesses or in attending Conrt, or in 
 a contested case wliero a counsel fee might 1)0 
 ordered to l)e taxed if ilie case liad proceeded to 
 trial and the dei'eiulant has eui|)lov('d counsel or 
 a solicitor, who has attended the Court to con- 
 duct the dei'ence for him, the Judge uia., in his 
 discretio]!, or(U'r tlie iilaintilf to })ay such costs, 
 or such dishursenients, or counsel fee, or such 
 portion thereof as to him may seem just. 
 
 Ar.ATi:Mi':NT. 
 
 253. Tn case, owing to any cause, a sitting of the 
 Court is not held on tlie day apjtointed, and the Court is 
 not adjourned, then, unless the Judge shall otherwise order, 
 no matter or action which should have heen tried or heard 
 at such silling sJuill ahate or he discontinued, hut the same 
 shall he considered to luive heen adjourned to tlie next sit- 
 ting of the same Court, and shall, at such sitting, he entered 
 upon the Judge's list of causes for trial. 
 
 254. Suhjoct to rules of Court, the Judge of the 
 County Court, or any other Judge acting for him, shall have 
 ])ower to sit and act at any time for the transaction of any 
 \m-t of the hnsiness of tlie Division Court, or for the dis- 
 charge of any duty which hy any statute or otherwise was 
 formerly re(iuired to he di.M'harged out of. or during tho 
 regular sitting of the Court. 
 
 255. AVhere the plaintitf's claim, or defendant's 
 counter-claim or set-olT, consists of a ])romissory note, or 
 other instrument, or is on a guarantee, it shall not he neces- 
 sary to copy the instrunu'ut upon which the claim is founded, 
 hut it may he set forth in particulars with reasonahle cer- 
 tainty. 
 
 SATISFACTION OF JUDGMENT. 
 
 25C Any ])arty to a judgment to whom accord and 
 satisfaction or jjayment of such judgment has heen made, 
 may be required by the party against wiiom such judgment 
 
 \ f i 
 
 
GENERAL RULES. 
 
 215 
 
 has liccn reiidovcd, to cntov, or to aiitliorizo the dork to enter 
 pntisfaction tliereof, and in case of his refusal or neglect to 
 do either, the .ludfjo may, upon application therefor, order 
 satisfaction to Ije entered hy tlie clerk in the procedure l)ook. 
 
 257- It shall he lawful for the Jud«re, npon the ap- 
 plication of any i)arty to an action or matter, and npon such 
 terms as may he just, to make any order f(n' the detention, 
 ])reservation, iusi)ection, surveyin*:', or measnrin<i- of any pro- 
 ])erty or tiling heing the suhject of such action or matter, 
 or as to which any question may arise therein, and for all or 
 any of ihe purjioses aforesaid to anthorize any persons to 
 ,.nter npou or into any laud or huilding in the possession of 
 any i)arly to sucli action or matter, and for all or any of the 
 ])urpos(>s aforesaid to anthorize any samitles to he taken, or 
 any ohservation, plan, or model to he made, or experiment to 
 he" tried, which nuiy he necessary or expedient for the pnr- 
 posc of ohtaining full information or evidence. 
 
 25.H. "Where an on 
 
 iler is made for inspecting, survey- 
 
 •hing, making any experiment, or for 
 
 aking any ]ilan or model, hy any 
 -h order may include an order 
 
 ing, measnnng, wei}. 
 taking any sample, or m 
 person to "he nanuMl therein, such on 
 for the clei'k or some other person to he named therein, to 
 examine upon oath and take the deposition of the person so 
 named as to such measure, weight ov inspection, or the cor- 
 rectness of such survey, or the result of snch experiment, or 
 the fairne-s of such sami)les. or the accuracy of siich plan cr 
 model, and sucli order may also empower any or either party 
 to give the dei)osition so taken in evidence npon any trial cr 
 proceeding. 
 
 25«. When hy any contract a prima facie case of lia- 
 hility is estahlished,'and tliere is alleged as matter of defence 
 a riglit to l)e relieved wholly or partially from snch lial)ility, 
 the Jud<ve m v make an order for the preservation or interim 
 custody "of the suhject matter of the litigation, or may order 
 that the amount in dispute he hronght into Court or other- 
 wise secured. 
 
216 
 
 DIVISION' COURTS ACT. 
 
 SOO. So far as api)lical)lo tlicso rules and the forms 
 shall extend and up])ly to ])rovisional counties, provisional 
 judicial districts, territorial districts and temporary judicial 
 districts. 
 
 301. licgular meetings of the hoard, when necessary, 
 may be held upon (he call of the chaii-man, or of any twt) 
 members of the hoai'd, and at the cily of Toronto. 
 
 AFFIDAVITS AND OATHS. * 
 
 202. ]<]very aflidavit, and other proceeding of the like 
 nature, shall he divided into nund)ered i)aragraphs, and shall 
 state concisely such matters and facts as may he necessary lo 
 truly inform the Court. 
 
 SOS. l']vcry aflidavit shall he drawn up in the lirst i)ev- 
 son, stating the name of the deponent at the commencement 
 in full, and his description and true ])lacc of ahode, and shall 
 he signed hy him, and in any ])rocceding in the Court must 
 he entitled in the Court and cau.se (if a '-w.se has l)een com- 
 menced) stating the names in full of the parties as in the 
 summons. 
 
 204. In every aOidavit, made l)y two or more dejio- 
 nents, the names of the several persons making the airKhivit 
 shall bv3 inserted in the jurat, exce])t that if the alUdavit of 
 all the deponents ho taken at one time hy the same olFicer, 
 it shall he sullicient to state that it was sworn hy Imtli (or all) 
 of the above-named de})onents. 
 
 2ii!i. All allidavits, other than those for which forms 
 are given, shall slate the dei)()iu>nt's sources of knowledge or 
 what facts or circumstances deposed to are v. i thin the de- 
 ponent's own knowledge, and his means of knowledge, and 
 what facts or circumstances deposed to arc helieved hy him, 
 hy reason of information derived from other sources than 
 his own. knowledge, and what such sources are. 
 
 206. AVhero an allidavit is sworn hy any person who 
 appears to the ollicer taking the allidavit "to be illiterate or 
 
 » ijyi tJ!!-J^ffJ!W!iil"tt" ' 
 
fiENEIlAL UULES. 
 
 217 
 
 bliml, the officcv shall certify in the jurat that the alTKhivit 
 was read in his presence to tlio deponent, that tlic dei)oneni 
 seemed perfectly to understand it, and that tiic deponent 
 made his si^niature in the presence of the olRcer; no such 
 ailidavit shall he used in evidence or read in the ahsencc ()f 
 this certificate, nnless the Judge is satisfied that the ailidavit 
 ^vas read over to and appeared to he perfectly iniderstood hy 
 the deponent. 
 
 2«7. Tor ordinary atfidavits in a cause, the general 
 heading and conclusion, given in Form Xo. 32, shoidd hu 
 used, except where another form is provided. 
 
 « 
 
 *MiH. No atlidavit having in the jurat or hody thereof 
 any interlineation, alteration or erasure, shall, without leave 
 of the Judge, he read or made use of in any matter pending 
 in the Court. 
 
 200. Oaths and atlirmations adnrinistered to witnesses 
 in open Court or upon any rira rurc examination before the 
 Judge, and to jurors and others, may l)e in the forms pre- 
 scribed. (See Form 41.) 
 
 MARKIED WOMEX. 
 
 270. :\rarried women are capable of suing and behig 
 sued in tlie Division Courts, as i)rovi(led in The .Married Wo- 
 men's Frojierty Act (R. S. 0. c. 132). 
 
 271. In every suit against a married woman, founded 
 on a contract made by her during marriage, there shall l)e 
 inserted in the iiarth-ulars of claim words to the effect fol- 
 lowing: '• The defendant, A. V>., is a married woman, and 
 had separate propertv when she contracted the liability in 
 question, ur.d contracted with resiiect to such separate pro- 
 perty." 
 
 272. Tf the summons be a special summons, properly 
 endorsed, and the defendant does not dispute the claim or 
 deny the allegation with respect to the separate estate, tiic 
 cleric may sign final judgment, pursuant to section 109 of 
 the Act. 
 
 H'\ 
 
 ii' 
 
 i 
 
 
218 
 
 Divrsrov coithts act. 
 
 27S. All .jii(l«rni('nts iv^minst n mnrriefl woman in re- 
 s|icc't of liiihilitics incurred, wlictlicr for costs or oilKM'wiso, 
 during' iiDirrin^ic slml! lie in the l'o]Io\vin<i' form or to the like 
 eirect: '* It is iidjiid-^'ed tlinl (he i»hiiiitill" (or defendnnt) do 
 recover $ iiiid costs ii.y'iiinst the defendant (or plaintilT), 
 
 such sum nnd costs to iie piiyaMe out of licr se|tarato pro- 
 pei'ty, as liereinafter inentioiied. and not othei'wise; and it is 
 ordered that execution lu'reoii he limited (o \]\o separate 
 property of th<' defen<lant (or phiintill"), A. H., not subject 
 to any restricti(Ui against antici|)ation. unk'ss, hy reason of 
 'riio Married AVonieii's Property Act, tlie property shall lie 
 liable to execution not\vitlistandin<; sucli restriction." 
 
 271. Where a jiid^nnent is recovered afrainst a mar- 
 ried woman in respect of a debt contracted by her ])efore 
 niarria<re, the jud,i:nient may be in the form foliowinif: " l! 
 is adjud<;ed that tiie plaintilV do recover the sum of $ and 
 cnrts ajrainst the defendant, A. ?>., such sum and costs to be 
 payalde out of lu'r separate property, whetlier suliject to any 
 restriction against anticijiation or not, aiul not otlierwise." 
 
 TRr.M.S AND IIKARINGS. 
 
 «>>^(S 
 
 —75. In cases where the liearini: is by jury the Judge 
 lias the same ])ower to nonsuit as in ordinary cases. 
 
 27«. It is determined and ordered tiiat the trial of a 
 cause shall not be considered to have been concluded, in case 
 the giving ol' judgment has bt'cn postponed by the Judge to 
 a subseipient day, until the delivery thereof in writing at 
 tliC clerk's otlice upon the day and at the lu)ur nanu-d there- 
 for ])y the .Judge, or orally by the .ludge at some sitting of 
 the Court. 
 
 I.RAVE TO DfSl'L'TK IT.AI XTI FF's CLAIM. 
 
 277. The leave to dispute the claim of the plaintiff in 
 any action, be<'orc judgment, under section 113 of the Act, 
 may be obtained on the e.r parte ai»plication of the defendant, 
 or his solicitor, on sutlicient grounds being shown by afU- 
 davit. 
 
 ; I 
 
 J, Lilt. ,^, urn ' . . I i !JJ " U4m-"Wii ^ .ii».JM]a. ! )U ie M '!! 
 
flKNKUAI. lU'I.r.S. 
 
 211) 
 
 ACTIOX PF.XIMNT, IN ANoTUKU COLUT l-OR SA.Mll CAUSE. 
 
 UTH. ^Vh( IV, at the trial, it shall a|)i>oar that an ndion 
 In, iTio same caiisu at th.' suit <.f tli.' plaintilV is luMKling in 
 any other Court, the .Ind^o may oimUt tho trial to stand 
 a<l"ionrno(l to a certain .lav, and unless holoro sneh day the 
 ,u.ii„„ in sueii other Court shall have heeu discontinued, tho 
 adion uuiy he dismissed or stayed as the Jud^f shall deter- 
 mine. 
 
 INSPICCTIOX Ol" I'UOl'KUTY UY Jl'Df,!:. 
 
 27«. The .lud<,'e h> whoui any action or matter may 
 he tried nuiv, in his discretion, inspect, or order tho jury io 
 inspect, any property or thin^r c.ncernin^^ wliich any .luos- 
 tion may arise therein. 
 
 ADJOL-RNMKNT OF SUIT. 
 
 3SO. Where a cause is adjonrned, no order of adjov.vn- 
 
 ent shall lie served on either party, except hy diii-oti.m of 
 
 m 
 
 the Judge. 
 
 I'LTTlXr. OFF TRIAL. 
 
 tiHl. Kither ])arty to an action or matter may, at any 
 time ])ot"ore the hearin.i;, and upon notice to the opposite 
 partv, api)ly to the .^xnli^v. in writings for an order to put olT 
 the "trial .m account of the al)sence of a material witness 
 (whose name shonld he stated), or other sntTicient grounds, 
 t.) he discdosed on allidavit, and the dudKe, in granting or 
 refusing the apphcation, may impose such terms as to the 
 payment of costs and otherwise as he thinks fit. 
 
 2H2. AVhen a plaintilT avails himself of the provisions 
 of section lOG of the Act, and ])roceeds against only one or 
 more of tho several i)ersons jointly liahle, the defendant sued 
 may avail himself of any set-off, counter-claim or other de- 
 fence to which he would he entitled, if all the persons liable 
 were made defendants. 
 
 m 
 
220 
 
 DIVISION COURTS ACT. 
 
 Xi:\V TIUAL 
 
 iiHlt. A|)|)l 
 
 jiplication for new Iriiil iimy ho iiiiulc viv 
 
 a voo 
 
 1 (lolcrmiiu'd on (he diiy of licariii^', if hodi parties I»o 
 pie^ient; but if iiiadt" when hotli parties are not present, it 
 
 plinll lie in \M'itin<r, and show hriellv tl 
 
 ic <,n'onnds on which 
 
 it is niade, whicii ^nuinds, if matters of fuet reipurin;; proof, 
 shall he su]>|)orted hj allidavit. 
 
 {(i) A eopy of tlic api)licatlon and of every sucli afll- 
 davit, shall he servc'd hy ihe party niakiii«; th(.' 
 same on the opposite jiarty or his solicitor or 
 a^'ent. or left at his nsnal jdace (d' Imsiness, if 
 within the division; or if witiiont the division, 
 then will) the clerk, who shall, on roecivin"- the 
 
 fees and necessary po.-.a^'e, transmit tl 
 forthwith to the oi»posito party. 
 
 10 same 
 
 {h) Tho ap|)licati(»n and ailidavits (il 
 
 anv 
 
 lo<,fetlier witii 
 
 an allidavit of th(> service thereof on the clerk 
 or the opposite piirty (as the case may be), shall 
 be delivered to the clerk within I 
 after the day of trial, to be l)v I 
 
 onrt(>en davs 
 
 iim. on receivin^LT 
 
 (0 
 
 tho fees and neci'ssary jiosta^ii^e, transnntt(>d to 
 the Judaic, with a copy of the orin;inal claim, and 
 other jiapers reipdsite to the i)ro|)er nnderstand- 
 \\\\i «d' the case, in manner hereafter stated, which 
 delivery to tli(( clerk shall o|)erate as a stay of 
 ])roc(edin<:s nntil the .Indie's (Inal decision on 
 the application is commnnicated to the clerk, 
 nidess the dud^e shall otherwisi' order. 
 
 Hi clerk, after receivinix such papers, shall delay 
 for six days forwardin<i- the same to the Judo-o 
 to enable the opposite party to answer tho same 
 in writiiiir ,„• i,y afiidavit. if facts stated hy the 
 ai)plicaid in his allidavit are disputed, at tho end 
 of which ])eriod the clerk shall transmit tho 
 whole of the papers to the dudne for his con- 
 sideration. If the api)lication be refused, or if 
 
 ■Hum.i>4.iijJi!yi-tyiA^.ii^ ' k i ^.j>ajJMJf 
 
 W i 'MJB i i i iwaiii.jiim -j.iL«mi 
 
(IKNKIIAI- Ul'I-KS, 
 
 221 
 
 tlu' party applying' wliall fail to loinply 
 
 \vi 
 
 th ill 
 
 tonus iinp()>*('t 
 
 I Ity llu' .hulgi,', tilt! prot't'iMlin^'s in 
 the suit siiall bo continued as if no such applifU- 
 tion had heon nuulc The .lud^'", l)erore docidi.ig 
 the suuo, may hear the parlies on the nuitter of 
 sueh applieation at the next sitting? ot the Court, 
 ,„. at sueh other time or phu'e as he may appoint. 
 The decision ..f the .Iudj,'e shall he delivered to 
 the clerk, or transmitted t.. him liy mail, ami 
 such clerk shall notify the parties thereof, hy 
 ,„.,il or otherwise, and if a new trial he -ranted, 
 the suit shall he tried at the next sitting of the 
 Court, unless the Judj-e shall otherwise order. 
 
 (d) If the application he refused, or if the party apply- 
 ing- shall fail to comply with the terms imposed 
 hy the Judge, the proceedings in the suit shall 
 h"e continued as if no such application had h.-en 
 made. 
 
 (c) The .ludge mav, in his discretion, make it a condi- 
 tion of granting a new t.i..l, that it -liall take 
 plnce before a jurv, whether the first trial took 
 place before a 'jury or not; but if either i)avty 
 required a jury to try the case, in the first in- 
 stance, he shall be entitled to another jury, on 
 depositing the necessary fees for summoning such 
 jnrv; and in such case, the order for the new 
 trial shall direct the summoning of a jury. 
 
 (f) Where, nnder the 144th section of the Act, judg- 
 ment in writing is delivered at the clerk's offieo, 
 application for a new trial may be made within 
 fourteen days from the day of delivering sudi 
 judgment. 
 
 2S4. Tf upon an application for a new trial, the Judge, 
 instead of granting a new trial, prononnce^ the judgment 
 vhich in his oi.inion onght to have been prononnced at the 
 trial, the fact shall be noted in the procedure book, and the 
 order for judgment shall l)o transmitted to the clerk. 
 
 
222 
 
 DIVISION COURTS Af T. 
 
 tiH5. It is considered and ordered (lest there be a con- 
 flict of decision or divei'sily of action in the exercise of the 
 discretion with wliich tiie -hidg'e is invested under section 
 14(i) that upon an apjjlication for a new trial, the Jnd,u'e, 
 instead of gi'antiiig a new trial, may pronounce the jud<>- 
 nient whicli, in his o])inion, ouj^dit to have been pronounced 
 by till' -hid<ie who tried the case without a jury, and that in 
 that case only, may he order judgment to be entered ac- 
 cirdingly: but that he has no such discretion or autlu)rity in 
 dtalin<i' with an application for a new trial and settinjf aside 
 a vei'dict of a jury. This rule shall not be construed to pre- 
 vent a Jud<ie, uj)on an a])plicati(m for a new trial in a jury 
 case, from orderinjj: that a nonsuit be entered, in case he 
 shall be of opinion that he ought to have entered judgnneiit 
 of nonsuit at the trial. 
 
 NOTICI': TO I'AKTnCS OI' .\l).I()rK\.Mi:XT OF CASF.. 
 
 tiSii. Ill < use lU'ither of the parties aj)pear at th(> trial, 
 the Judge may either strike out the case or postpoiu' the 
 trial, in case of ])ostponement, the clerk shall notify all 
 )»arties by ]iostal card of the adjcuirnnieiit and of the date of 
 the sitting to which it has been adjouriu>(l. 
 
 INSl'FXTIOX OF DOCUMENTS. 
 
 2H7. When, in any action or matter, any j)arty thereto 
 is desirous of inspecting any document in which he has an 
 interest, and which shall be in the ])ossession, ])ower, or con- 
 trol of any other ])arty, he may, within four days from the 
 day of the service of the summons, give notice to such other 
 ]){irty, by })repaid and registered post letter, or otherwise, 
 that he desires to insiiect such instrument, at any place to be 
 ai>].ointed by such otlier party, and being within the division 
 in which the suit is brought, and such other party shall ap- 
 iH.int a |)]ace accordingly; but if he neglects or refuses to 
 appoint such place, or to allow the j)arty giving the notice, 
 or his s(dicitor or agent, to inspect it within three days from 
 the day of receiving such notice, the Judge may, in his dis- 
 cretion, on the day of hearing, exclude such document from 
 being given in evidence in such action or matter, or adjourn 
 the cause for the purpose of sucli ins])ection, and m:;'ce «uo!i 
 order as to costs as lie shall think lit. 
 
 <mnmBimmmmmm''mm 
 
fJENEHAL HUl.KS. 
 
 2^8 
 
 Fi:i:s Axn costs. 
 
 Counsel Fees. 
 
 fiHH. "Wlicro, in a contested case for more than $100, 
 an agent lias ln'cn eni|)love(l l)y llu> successful party in the 
 londuct of the cause or defence, the Judge shall not direcr a 
 fee to be taxed, pursuant to section -iOS of the Act, unless 
 such agent is a barrister or solicitor. 
 
 2cH». A case shall he considered "contested" 
 
 (1) \Vhere defence is i)ut in, disputing a claim for more 
 than $100, and a counsel or solicitor has been 
 retained to ])rosecute or defeiul the claim m 
 C'ouit. n^ the sittings, and the case con\es down to 
 trial, whether any actual contest is made at tlu; 
 Court or not. 
 
 (2) ^Vhere a defence is put in, disputing a claim for 
 
 than $100, and a counsel or solicitor has been 
 retained to make an application under section 
 111, and an order is made therein by the Judge 
 empowering the clerk to enter linal judgment. 
 
 (3) Where a defence is put in, disputing a claim for 
 
 more than $100, and a counsel or solicitor has 
 been retained to prosecute the claim in Court, 
 and the defendant afterwards and before ilic 
 opening of the Court confesses judgment, ..'r 
 pays or settles the claim so short ^ time before 
 the sitting of the Court that the plaintiif cannot 
 in the oi'dinary way be notilied thereof, and with- 
 out such notice, the counsel or solicitor so re- 
 tained to i)rosecute the claim boiui fide attends 
 the Court for that purpose. 
 
 (4) Where a defence is put in, disputing a claim for 
 more than $100, and the defendant has retained 
 a solicitor or counsel to defend the action for 
 
 II 
 
224 DIVISION COURTS ACT. 
 
 liiiii in Court, and the phiijitill' docs not appear 
 in Court to prosecute his action, or withdraws or 
 discontinues liis action so short a time before the 
 sitting of tlic Court that the defendant cannot 
 in the ordinary way be luUilied of such witii- 
 drawal or discontinuance, and without such no- 
 tice liis soHcitor or counsel hniKi fide attends the 
 Court to defend such action. 
 
 290. A counsel fee may 1)0 o'-dored to be taxed in a 
 contested ease, under section 208 — 
 
 ((/) Wliere the jilaintilT's claim exceeds $100; 
 
 (h) Or, in the case of iuter[)leader, where tlie money 
 claiuied, (u- the value of tiie goods or chattels 
 claimed, or the jjroceeds thereof, exceed $100; 
 
 (c) Or, where, in interpleader, the damages claimed l^y, 
 
 or awarded to either i)arty against the otlier 
 party, or against the baililV, exceed $00. 
 
 (d) In all other cases mentioned and referred to in sub- 
 
 section (2) of section J IS. 
 
 (e) Where the defendant gives notice of set-o(f or 
 
 counter-claim aiul establishes the same to an 
 amount (>.\ceeding $100, and Judgment is givon 
 in his favour. 
 
 WITNESS FKES. 
 
 20|. The clerk shall determine (subject to a]ipeal to 
 the Judge) what nund)er of witnesses shall be allowed on 
 taxation of costs; the allowance for whose attendance shall be 
 according to the scale, aiul before allowing disburscnionts to 
 witnesses, the clerk* shall be satisiied that the witnesses at- 
 tended, and that the claim or fee is just, and he may, and in 
 case of dispute shall, require the party whose bill of costs is 
 being taxed to furnish an alTidavit of disbursements. 
 
GENERAL RULES. 
 
 225 
 
 myj. In case of any process or paper received foi' ser- 
 vice or execution from a " foreign Court,'' tlie clerk so re- 
 ceivino- tlio same and procuring the service or executioii 
 thereof shall, on returning the same, give a full and correct 
 statement, in detail, of the items of ail charges made for fees 
 and dishursements in respect of such service or execution of 
 process, and the clerk of the home Court shall report to the 
 Judge of his own county any charge made hy the clerk of 
 the " foreign Court " in excess of the allowance for fees made 
 by the tariff. 
 
 STAYING PROCEEDINGS. 
 
 aOJ$. Tlie Judge may stay proceedings in a Division 
 Court in any case in wliich, if the action were in the Iligli 
 Court, an order to stay might he made. 
 
 294. Proceedings may bo stayed by order of the Judge 
 in an action until security shall be given to the defendant 
 for the costs of and incidental to his defence, in a case and 
 under circumstances which would justify such an order l)eing 
 made in the High Court. 
 
 ALLOWANCE OF COSTS BY JUDGE. 
 
 3»5. AVhcre the Judge directs a fee to be taxed to the 
 successful party under section 208, or orders any other fees 
 or costs to be taxed, or certifies for costs in any case, or 
 where the allowance of any particular costs under any of the 
 sections of the Act, or any of the rules of Court, or under 
 any other statutory ]n-ovision, the application therefor should 
 be made at, or immediately after the trial or hearing, or final 
 disposal of the cause. The Judge may make such direction 
 or order on his list, at the time of the trial, or on the back 
 of the summons, or when the action is finally disposed of, in 
 case of a postponed Judgment. 
 
 officers' fees. . 
 
 2«>6. The fees set forth in the tariff marked " schedule 
 of clerks' fees " and " schedule of bailiffs' fees " shall be the 
 
 D.C.A. — 1«'J 
 
 
 1^ 
 
226 
 
 DIVISION COURTS ACT. 
 
 fees to l)e received by the several clerks and bailill's of Divi- 
 sion Courts, on and after the day that these rules shall come 
 into force, for and in relation to the duties and services to 
 be performed by them as officers of the said Courts, and shall 
 be in lieu of all other fees heratoforc receivable for the same 
 proceedings. 
 
 207. The clerk shall not be required to take any pro- 
 ceeding, unless and until the fee or fees therefor have been 
 paid to him as provided by section 5i of the Act. 
 
 208. Tn every case in which an attachment has issued 
 
 against an al)sconding debtor, or an execution has issued 
 
 against the property of a judgment de])tor, and a plaintifT or 
 
 defendant, judgment creditor or other person interested in 
 
 the claim, judgment or execution, who would l)e entitled to 
 
 the proceeds thereof (if the money were made in satisfaction 
 
 of the attachuient or execution), in-ists upon the 1)ailin: mak- 
 
 ing an attempt to find property, whereby mileage and ex- 
 
 ])enscs are to be incurred, it shall be necessary for a deposit 
 
 to 1)6 made with the clerk of the amount of bailiff's fees, 
 
 and, provided a proper endeavour (although unsuccessful) 
 
 has been made by the baililf after such deposit of fees, to 
 
 tlie satisfaction of the clerk, but su])ject to appeal to the 
 
 Judge, to secure i)roperty whereon to levy in such case, he 
 
 shall be entitled to such mileage. 
 
 « ' 
 
 20!>. l^efore an order may be made for issuing an 
 execution for iho ])ayuieut of fees which ought to have been 
 paid to the clerk in the first instance according to section 5-1, 
 an application must ])e uiade to the Judge, upon affidavit of 
 the facts, and a summons must issue for the party on whose 
 behalf the proceedings upon which fees arc alleged to be 
 unpaid were taken, to show cause why payment thereof 
 should not be enforced by order of the Judge and by execu- 
 tion, as provided by section 55 of the Act. 
 
 POSTAGE AND REGISTRATION OF LETTERS. 
 
 300. All letters enclosing any papers in a cause sent 
 ^rom one Division Court officer t^ mother, or to a party to 
 
 I 
 
 liii 
 
 Hi 
 
OENEllAL RULES. 
 
 221 
 
 a suit, or to the Judge, and unless otherwise provided for in 
 the xVct or l)y these rules, all necessary notices sent by the 
 clerk shall he prepaid and registered; when papers are for- 
 warded to the Judge, postage stamps for return postage 
 must in all cases he enclosed. The costs of postage and regis- 
 tration shall in all cases he costs in the cause. 
 
 APPEALS FROM DTVISION COURTS. 
 
 301. In case of an agreement not to ai)peal (section 
 lUi) a memorandiuu of snch agreement, in writing, shall ho 
 ])repared and shall be signed by the parties, their solicitors or 
 agents, and he tiled with the clerk before the trial is entered 
 upon. 
 
 a«2. AYhen the Judge of the Court of Appeal has pro- 
 nounced judgment, either party may deposit the same, or 
 an ollice copy thereof, with the clerk of the Division (\nn-t, 
 and upon being so deposited the judgment must be filed, 
 and may be enforced as if it had been made by such Division 
 Court. 
 
 303. A new trial in pursuance of the order of the 
 Judge of the Court of Appeal, shall be entered for trial at 
 the Division Court ^vhioh shall be holden next after twelve 
 clear davs from the time when such order, or ollice copy 
 thereof, shall have been deposited as aforesaid, unless the 
 parties agree that it shall take place sooner, or the Judge 
 otherwise order, and it shall be conducted in the same man- 
 ner as any new trial granted by the Division Court itself. 
 
 304. If the order of the Judge of the Court of Appeal 
 bo that judgment shall be entered for either party, then such 
 judgment shall be entered accordingly, and the successful 
 variy shall be at liberty to proceed on such judgment as on a 
 judgment of the Division Court. 
 
 
228 
 
 DIVISION COURTS ACT. 
 
 APri<:ALS 
 
 Under Mi.r\oj- and Servant Act (R. 8. 0. c. 131)), and amend- 
 luentri l!; 'rdto, and under The Act to Iiii])()se a Tax on 
 Do<;s for the Protection of Sheej.). (H. S. {). c. 214), 
 and other Acts. 
 
 305. Apjjcals may bo made by master or servant: 
 
 (1) Against any conviction or order for the payment of 
 wages; 
 
 (2) Against any order, or dismissal from service or em- 
 ployment, or 
 
 (3) Against any decision of any justice under tlic Act. 
 The complaint before the justice in all cases being laid Ijy 
 the servant. 
 
 30«. Tlie forms, Nos. 247 to 250 inclusive, shall be 
 used and ap])lied in proceedings on appeals to the Division 
 Court, under Tiie Act respecting :\rastor and Servant (R. S. 
 0. c. 139, and amendments thereto), being varied where 
 necessary to meet the particular case. 
 
 307. The said forms may also be used and applied, 
 being varied for that purpose, in proceedings on appeals to 
 the Division Court, under The Act to Impose a Tax on Dogs 
 for the Protection of Sheep. 
 
 30.S. Tlic said forms may also l)e used and applied, 
 being varied for that ]nirpose in proceedings on ajipeals to 
 the Division Court, under Tlie Consolidated Assessment Act. 
 1892, or under Acts amending the same. 
 
 301>. Tlie rules regulating the practice in appeals, 
 under The Ditches and Watercourses Act. in so far as the 
 same are ap]ilieablc, and the practice is not provided for by 
 the said Consolidated Assessment Act, shall govern appeals, 
 under the said last mentioned Act. 
 
 I 
 
MASTER AND SERVANT. 
 
 229 
 
 MASTER AND SERVANT. 
 
 :$10. The ai)i)ellant rflmll, before or at the tiiiK! of the 
 filing of the appeal bond, file with the clerk the notice of 
 appc°il and an allidavit of service thereof. (R. S. 0. e. 139, 
 s. 16). 
 
 »11. The clerk shall, on ihc bond and the notice of 
 appeal with an affidavit of service thereof licing filed in his 
 cilice, enter the canse in his procedure book. 
 
 :$12. The clerk may reqnire from the siireties to the 
 ai^peal bond an atfidavit of justification sliowing their sulU- 
 cicncy as such sureties. 
 
 »1». The clerk's ajiproval of the bond and of the 
 sufficiency of the sureties may be endorsed on such bond. 
 
 314. The appellant shall, at the time of the filing of 
 the bond, furnish the clerk, in writing, with the post office 
 address of the justice or justices against whose decision the 
 appeal is made. 
 
 »15. The clerk shall give notice, by registered letter, to 
 such justice or justices of the fili -g and approval of the bond. 
 
 »16. If the appi'llant require the arpeal to be tried with 
 a jury, he shall, at the time of the filing of the bond, file a 
 notice and deposit with the clerk the proper and necessary 
 fees. 
 
 »17. Tf the respondent requires a jury, he shall, within 
 four days after the service of the notice of appeal upon him, 
 file with the clerk a notice requiring a jury, and shall at the 
 same time deposit the proper and necessary fees. , 
 
 iilH. The clerk and bailiff, respectively, shall be en- 
 titled to receive for their services the like fees as in suits in 
 the Court, and the same and necessary disbursements shall 
 be paid to the clerk before any proceeding is taken. 
 
230 
 
 DIVISION COUHTS ACT. 
 
 J5I1K Tlie ck'ik may issue, under the seal of the Court, 
 subpceuas to witnesses, and the l)ailiir juay serve the same: 
 such su)ji)ccnas shall be in the I'onn, as nearly as may be, of 
 those used in suits iji tlie Division Courts. 
 
 LIXIO FENCES. 
 
 »20. 'J'he a])peliant slmll deliver to the clerk of tl 
 
 le 
 
 Division Court a co])y of the notice of appeal, with an uWi- 
 davit of the service thereof, upon the fence-viewers and ])ar- 
 ties interested, aiul a copy of the award, certilied by the 'jlerk 
 
 of tl 
 
 le munici 
 
 pality. 
 
 1521. The clerk shall immediatelv notffv the Judire of 
 
 such a])})eal. 
 
 »2a. T])on receiving the Judge's order, appointing a 
 time and place for the hearing of the appeal, the clerk shall 
 notify the feiu-e-viewers and all parties interested, in the 
 manner jjrovided in The Line Eences Act for the service of 
 notices. 
 
 iitill. If the time and ])lacc of hearing is at a sitting of 
 the Division Court, the clerk shall entei- the matter on the 
 Judge's list of causes for trial at such sitting, and at the 
 foot of such list, unless the Judge shall oiherwise order. 
 
 »94. The clerk may issue, under the seal of the Court, 
 subpccnas to witnesses, and the baililf may servo the same. 
 Such sub])oenas shall be iji tlu; form, as nearly as may be, of 
 those used in suits in the Division Courts. 
 
 J$25. The clerk and bailiff shall, respectively, be en- 
 titled to receive for services the like fees as in suits in the 
 Court, and the same and necessary disbursements shall be 
 paid to the clerk before any proceeding is taken. 
 
 S20. IJiilo Xo. L')S of these rules, as to preparation of 
 special judgment, shall be applicable to matters nnder The 
 Line Fences Act. 
 
 ill 
 
 :i JUIIWMMPpii 
 
DITCHES AND WATEUCOUllSES. 
 
 231 
 
 llti7. After the Judge has finally (letcrniined the np- 
 peaUnd made his order, the clerk shall certify to the clerk 
 of the municipality the said order, and the award as altered 
 or confirnied, together with the costs, if any, allowed, and 
 by whom to he paid. 
 
 »2«. In case a sum of money has hoen paid hy the ap- 
 pellant to the clerk as an indemnity against the costs of the 
 appeal, such clerk shall hold the same, sul)ject to the Judge's 
 directions. 
 
 32». The forms Xos. 244 to 240 inclusive, shall he 
 used and api.lied in proceedings on aj.peals to the Jmlge of 
 the County Court, under The Line Fences Act (R. S. (). c. 
 219, s. 12). ^Vhere necessary the forms can he varied to suit 
 the particular case. 
 
 DlTCllKS AND WATElK,'OrH^:S. 
 
 3»0. Tmmediatelv upon receiving from the clerk of 
 the municipalitv the copy of the notice or notices of appoal 
 and the certified copy of the award, the clerk shall notify 
 the Judge, o| the appeal. 
 
 »»1. Immediately upon the receipt of the Judge's 
 order fixing the time and place of hearing the appeal, the 
 clerk shall notify the engineer and all ])arties interested, in 
 the manner provided in The Ditches and Watercourses Act 
 for the service of notices. 
 
 »»!2. If the time and place of hearing is at a sitting of 
 the Division Court, the clerk shall enter the matter on the 
 Judge's list of causes for trial at such sitting, and at the 
 foot of such list, unless the Judge shall otherwise order. 
 
 »»». The clerk may issue, under the seal of the Court, 
 subpoenas to witnesses, and the bailiff may serve the same. 
 Such subpoenas shall be in the form, as nearly as may be, of 
 those used in suits in the Division Courts. 
 
 »34. The clerk and baililf shall, respectively, be en- 
 titled to receive for services the like fees as in suits in the 
 
 I': 
 
 m' 
 
 .-; i 
 
 t;5 
 
 i 
 
232 
 
 DIVISION COURTS ACT. 
 
 Court, and (ho snnu', and iiocossary disbiirsomcnts, shall be 
 paid to the clerk before any proceeding is taken. 
 
 lltia. I?ulo Xo. 138 of these rules, as to preparation of 
 special jud^iiient, shall bo ai)[)licablo to mailers under 'J'ho 
 Ditches and Watercourses Act. 
 
 33«. After the Jud<;o has finally dotcrinined the a])- 
 ]ical and made his order, the clerk shall certify to the clerk 
 of the municipality the said order, and the award as altered 
 or conlh-mod, to<,a'ther with tlio costs, if any, allowed, and by 
 whom to be paid. 
 
 337. In case a sum of money has been ])aid by iho 
 apjiellant to the clerk as an indemnity against the costs of 
 the appeal, such clerk shall hold the same, subject to llie 
 J udge's direction. 
 
 33.S. The forms Xos. 2 JO to 213, inclusive, shall bo 
 used and a])i)liod in ])rocoedings on a])peals to the Judge of 
 the County Court, under The Act respecting Ditches'" and 
 Watercourses (H. S. (). c. 2<I0, and ainendments thereto). 
 AVhoro necessary the forms can be varied so as to suit the 
 particular case. 
 
TAUIFl' OF l-KKS. 
 
 283 
 
 TAlllFF OF FEEB. 
 
 CLERKS. 
 1 Recoivin- chuiu, nmulKM'in- and cntorhig in pi'o- 
 
 T , 1 $ lO 
 
 ci'uuro nook 
 
 (This item to m^\\ to cMitoring in the proceduro 
 book a transcript of judo-nuMit from another Court, 
 but not an entry nuide for the issue of a judgment 
 summons). 
 3 Issuing summons, with ueccssary notices and 
 warnings thereon, or judgment sununons (as 
 ])rovided in the fornr.), in all: 
 
 Where claim does not exceed $20 
 
 exceeds $30 and does not exceed $(>(> •'JO 
 " exceeds $60 and does r >t exceed $10i» 00 
 
 exceeds $100 ^ ^'^ 
 
 (Xote— In either of the last two preceding items 
 value of goods to regidatc the fee). 
 
 3. Copy of summons, including all notices and warn- 
 
 ings thereon 
 
 4. Copy of claim (including particulars), when not ^^^ 
 
 furnished by i)laintilf • "'^ 
 
 5. Coi)y of set off or counter-claim (including par- 
 
 ticulars), when not furnished by the defendant 25 
 (Xote— In either of the last two preceding items 
 the fees may be taxed against the party ordered to 
 pay costs). 
 G. deceiving and entering bailiff's return to any 
 summons, writ or warrant issued under the seal 
 of the Court (except summons to witness and 
 return to summons or papers troui another 
 
 T . . V 15 
 
 division) 
 
 7. Taking confession of judgment 
 
 (This does not include aiUdavit and oath, charge- 
 able under item 8). 
 
 fi 
 
 ;!i: 
 
2.'U 
 
 DIVISION' roricrs act. 
 
 Ml; '< 
 
 8. Kvoi'v necc'Psnry iitridfivit, if mtiially |)ro|mro(l hy 
 I lie (It'i'k, .'iihI ii(liiiini.st('rinfj oiitli (<» (ho dc- 
 poiK'llt 
 
 f». Fiiniisliiiit,'' duly oediliou copies of the siiininons 
 mid notices iiiid piijtcrs witli all proceedings for 
 purposes of iippcid (ur.der section ITjT) as re- 
 (piired hy cillier parly. j)or fidio of KK) words 
 
 J<». CertiUcate tlicrewith 
 
 11. C'eriifyin^f UTider llie seal of the Court and de- 
 livering to a jud<,nnont creditor a meniornndum 
 of the nnionnt of jud«iiuent aiul costs n^^ainst a 
 jud«i:inent dehlor. under Ihe Creditors' Heliof 
 
 Act, or for any other purpose 
 
 ^2. Copies of ])apers for which no foe is otherwise 
 jirovided, necessarily re(|uircd for service or 
 
 transnn'ssion to Ihe dud^e, each 
 
 If exccodinff two folios, j)er folio 
 
 13. Kvery notice of defence or adnussion entered, or 
 
 other notice mjuired to he given hy the clerk 
 to any party to a cause or proceeding, including 
 niailinii: l>ut iu)t ixistaires .... 
 
 14. Kntering final judgment hy clerk, on special sum- 
 
 mons, where claim not disputed 
 
 I.'), hlntering every judgment rendered at the hearing 
 or final order jiiade hv the ,Iud<'e 
 
 _ (No(< — This fee (h)es not a]»i)ly to any proceeding 
 on judgnient summons). 
 
 (This one foe of Ao cents will include the service 
 of recording at the irial ami afterwards entering in 
 the procedure l)ool.< the judgnient, decree and orde'^r in 
 its entirety, rendered or made at the trial. Tf a gar- 
 nishep proceeding hofore a judgment, the fee of'' 50 
 cents will he allowed for llu" judgment in respect to 
 the primary dehtor, and a like fee of oO cents for the 
 adjudication, whenever made, in respect to the gar- 
 nishee). 
 
 ?.") 
 
 05 
 25 
 
 25 
 
 10 
 05 
 
 15 
 
 50 
 
 50 
 
'lAUIl'l" OF I'EES. 
 
 23: 
 
 10. Sul)lHx;iui to wUnc'ss 
 
 (The siihixfim may iiulii<lo any miiiilMT oi" names 
 therein, and only one orijrinal sul»i«ena shall he taxed, 
 \mless the .Iud<re otherwise orders). 
 
 17. For every copy of suhpccna re(|nired tor servieo 
 
 18. Summons for jury (inchidin«r eopy for each jury- 
 
 man) when reipiired hy the parties 1 
 
 li). Callinj^- and returning' jury ordered hy the ,lud},'0 
 
 ?0. Kvery order of reference or order for adjcuirn- 
 
 meiit made at hearing', and every order reqnir- 
 
 in-,' the signature of the .]\uhr^r and enterinjj; 
 
 the same, ineludin;;' linal or(h'r on jud^Muent 
 
 dehtor's exanu nation 
 
 (Any warninfi" neeessary ^vith order, e.g., the 
 warning in Form T:?, forms part of the order). 
 
 21. Transcri[)t of judgment to another Division Court 
 
 22. Transcript of jndgment to the County ('(mrt 
 
 23. Kvery writ of execution, warrant of attachment, 
 
 l)y the judgment creditor, or of warrant of 
 
 same to haililf 
 
 21. Renewal of evi'ry writ of executicm, when ordered 
 l)y the judgment erediior, or of warrant of 
 commitment when ordered hy the Judge 
 
 25. Kvery hond when necessary and prepared hy the 
 clerk (including atlldavits of justific .ion and 
 oi' execution) 
 
 2G. For necessary entries^ in the deht attachment hook 
 in eacli caso (in all) 
 
 27. Transmitting transcript of judgment; or trans- 
 
 mitting papers h.r service to another division, 
 or to the judge, on application to him. includ- 
 • ing neces.sary entries and mailing, hut not in- 
 eluding postages 
 
 28. deceiving papers from am>ther division for ser- 
 
 vice, entering the same, handing to the hailitf, 
 receiving and entering his return, and trans- 
 mitting the same (if return made promptly, 
 not otherwise) 
 
 23 
 
 Oo 
 
 25 
 25 
 
 25 
 
 25 
 
 50 
 
 50 
 15 
 
 1 00 
 20 
 
 25 
 
 
 I 
 
 30 
 
 
236 
 
 DIVISION COUins ACT. 
 
 tl.o .,mt or p..„ce«li„g i» over „„e y„.,r fi, '"" 
 {-No foo ,^ c)H,rgeaUo for soarcl, to a partv i,^ 
 
 '"■ ''';;:;or:,/^''!':":':^-»:''«" i"-fe»- 
 
 31. Miikjiin; out slatwiient ,.f ,vkiV';„ i, •',". 
 
 '"S i«.ili,r. foe.) at t ,0 ™„ 1 ;; """■""'■ 
 «■■ for l-mposo of .eftlenu,? ""^' '""■'>■ 
 
 j..dg,„e„ti,y.,era;,it !,;';■"'"""""'■■"''« 
 
 (N'eitlier item 30 m- -n , t 
 
 costs o.K,„r.o<, „„ ..,1: „ 'o ":: ;:^,f , -^'^"--t of 
 
 ■■"on Courts .\et, isnu "f ll,c »„.,. 
 
 j"<igo-s ,,eei.io„ i„ ;;;;:,,/" ;;';";;;i;;> ;|«-k 
 
 2. BAILrri,-'s FKEs. 
 
 Sen-ico of smm.oi.s issued .nder tlie .e.l of f , 
 Court, or Judge's stunn.ous or o de n ,' 
 
 P-«on (except suunnons to m tne s ^.T ''''' 
 
 ^VJierod.iui does uot exceed $-^(). 
 
 . ---< s $fio and does not exceed $100 
 GX'cecds $100 
 (In interpleader ^uU^ n 
 ■■ogolnte the tic). ""■' "'"<■ '"' ""= g"o<h to 
 
 2. lor every return no +^ • 
 
 *™4 at t"oi"""r '"■'''''■ '■''™'^-* 
 
 "eeossan- a. i h, ,/ ""'™ '""' '""'<'"« tl,e 
 3- Scrvieo of : f '" ':r^''^'''' ^-""'^ ^ 1. 
 
 ^orvieo of l;™;."" "''"-^ - J"yma„, or 
 
 15 
 
 10 
 
 10 
 
 25 
 
 10 
 
 50 
 
 30 
 ^10 
 50 
 
 
TAIUFF OF FEES. 
 
 4. Taking confession of jiulgnicnt and attending 
 
 to prove 
 
 0. For calling parties and their witnesses at the sit- 
 tings of the Court in every defended case, and 
 at tlic hearing of every Judgment summons.. 
 G. Enforcing every writ of execution, or summons in 
 replevin, or warrant of attachment, or warrant 
 against the body, each: 
 
 Where claim does not exceed $20 
 
 " exceeds $20 and does not exceed $60 
 
 " exceeds $G0 
 
 (When goods replevied the value of the goods to 
 regulate the^amount of the fee). This fee does not 
 include service of sunnnons in replevin on defendant. 
 Fees under Creditors' Kelief Act (sec section 7 of 
 53 v., c. 12, and s. 25 of R. S. 0. c. G5) shall be 
 taxed according to this tariff. 
 
 7. Every mile necessarily travelled to serve sum- 
 
 mons, or process or other necessary papers, or 
 in going to replevy goods, or to seize on at- 
 tachment, or in going to seize on a writ of ex- 
 ecution, where money paid on demand, or 
 made on execution, or case settled after seizure 
 
 8. Mileage going to arrest under a warrant, when 
 
 arrest made, per mile 
 
 9. Mileage carrying delinciuent to ])rison, including 
 
 all expenses and assistance, per mile 
 
 10. Every schedule of property seized, attached or re- 
 
 plevied, including affidavit of appraisal, when 
 
 necessary: 
 
 Not exceeding $20 
 
 Exceeding $20 and not exceeding $G0 
 
 Exceeding $G0 
 
 11. Every bond, when necessary, when prepared Ijy 
 
 the bailiff,- including affidavits of justification 
 
 and of execution 
 
 13. Every notice of sale, not exceeding three, under 
 execution or under attachment, each 
 
 m 
 
 10 
 
 15 
 
 50 
 75 
 00 
 
 13 
 13 
 30 
 
 30 
 50 
 
 75 
 
 50 
 
 15 
 
 if 
 
 I 
 
 m 
 
 
 I 
 

 238 
 
 DIVISION COURTS ACT. 
 
 iliii 
 
 it ! 
 
 13. Eeasoiiable allowances and disbursements, neces- 
 sarily incurred in the care and removal of 
 property. 
 
 (a) If a Ijailill' removes proi)erty seized, lie is entitled 
 
 to tlie necessary disljursemenls in addition to 
 the fees for seizure and mileage. 
 
 (b) If he takes a bond, then to 50 cents instead of dis- 
 
 bursements, for removal of property. * 
 
 (c) If assistance is necessary in the seizure, or secur- 
 
 ing, or removal, or retaining of property, the 
 bailiff is entitled to the disbursements for 
 such assistance. 
 {(1) All charges for disbursements are to bo sul)mitted 
 to the clerk for taxation, su])ject to appeal to 
 the Judge, 
 (e) The bailiff must in all cases endorse a memoran- 
 dum of all his charges on the back of the ex- 
 ecution, or state them on a separate slip of 
 pajicr, so that the clerk may conveniently tax 
 the bailiff's cliarges for fees and disl)ursements. 
 (/) The clerk is in all cases to sign the nuMuorandum 
 of his taxation and ])reserve it among the 
 pajjors in the cause, together witli tiio execu- 
 tion, for future rcfeivnee, and tli('rel)y enable 
 the clerk to certify the bailiffs returns pro- 
 perty. 
 
 14. If execution, or ])rocess in attachment in the na- 
 
 ture of execution l)e satisfied, in whole or in 
 part, after seizure and l)ef'ore sale, whether by 
 action of the parties or otherwise, the l)ailiff 
 shall be entitled to cliarge and receive ,'5 per 
 cent, on the amount directed to be levied, or 
 on the amount of the value of the property 
 seized, whichever sliall ])o tiie lesser amount. ' 
 
 15. Poundage on executions, and on attachments in 
 
 the nature of executions, 5 per cent., exclusivo 
 of mileage, for going to seize and sell, upon 
 the amount realized from i)roperty necessarily 
 Bold. 
 
I 
 
 'I'ARIFF OF FEES. 239 
 
 3. FEES TO WITNESSES AND AITRAISERS. 
 
 Allowance to Witnesses. 
 
 Attendance, per diem, to witnesses residing within 
 three miles of the place where the Court is 
 
 held, if within the county $ '^^ 
 
 And if without the county 1 ^^ 
 
 Attendance, if witness resides over three miles from 
 the place of sittings, and within the county, 
 
 per diem 1 00 
 
 Attendance, if witness resides without the county and 
 more than three miles from the place of sit- 
 tings, per diem ^ '^^ 
 
 Barristers and solicitors, ])hysicians and surgeons, en- 
 gineers and veterinary surgeons, other than 
 parties to the cause, when called upon to give 
 evidence of any professional service rendered 
 by them, or to give professional opinions, per 
 
 diem •••• iOO 
 
 (Xote.— Disbursements to surveyors, architects 
 
 and professional witnesses, such as are entitled to 
 
 specific fees by statute, are to be taxed, as authorized 
 
 by such statute). 
 
 If witnesses attend in one case only, they will be en- 
 titled to the full allowance. 
 
 If they attend in more than one case, they will be 
 entitled to a proportionate part in each cause 
 
 The travelling expenses of witnesses, over three miles, 
 shall be allowed according to the sums reason- 
 ably and actually paid, but in no case shall 
 exceed twenty cents per mile, one Avay. 
 
 FEES TO APPRAISERS. 
 
 Fees of Appraisers of Goods, etc., Seized wider Warrant of 
 
 Attacliment. 
 
 To each appraiser, 50 cents, per day, during the time 
 actually employed in appraising goods, to be paid in the first 
 instance by plaintiff, and allowed in the costs of the cause. 
 
 ill 
 I 
 
 41 
 
 I 
 
240 
 
 DIVISION COUIITS ACT. 
 
 PEES :n suits not exceeding $10. 
 
 (57 V. c. 23, s. 11). 
 
 clerk. 
 
 For all services, from entering action, or suing out a 
 
 judgment or interpleader summons, up to and 
 
 including the entering of final judgment, or 
 
 final order on any such judgment, or inter- 
 
 •pleader summons, in case tJio action proceeds 
 
 to judgment or ilnal order 
 
 In case the action does not proceed to judgment 
 or final order, the fees heretofore, or that may here- 
 after be payable, but not exceeding in the whole the 
 said sum. 
 
 For issuing writ of execution, warrant of attachment, 
 or warrant for arrest of delinipumt, and enter- 
 
 $1 
 
 35 
 
 ing the return thereto 
 
 )0 
 
 40 
 
 liArLIFF. 
 
 For all services rendered in serving summons and 
 making return, and any other service that may 
 be ndfcessary, before judgment is entered by the 
 clerk or pronounced ))y the Judge, mileage ex- 
 cepted 
 
 For enforcing execution, sciiedule of property seized, 
 or attached, bond, where necessarv, and all 
 other necessary acts done by him, after seizure, 
 mileage excepted, if money made, or case set- 
 tled, after levy ^^ qq 
 
 (Xccessary disbursements incurred in the caro 
 and removal of property shall be allowed, to be first 
 allowed by the clerk, sul)ject to the approval of the 
 Judge). 
 
 COUNTY COURT TAIUFF. 
 
 The allowance to witnesses, according to the 
 County Court Tariff, is as follows: 
 
Jo 
 
 
 
 COUNTY COUUT TAlllFF. 241 
 
 To witnesses residing within three miles of tlie Court 
 
 House, per iliein $1 00 
 
 To witnesses residiiiir over three miles from tlie Court 
 
 House 1 2> 
 
 Barristers and solicitors, physicians and surgeons, 
 other than parties to the cause, when called 
 upon to give evidence in consequence of any 
 professional service rendered l)y them, or to 
 
 give professional opinions, per diciit 4 00 
 
 Juigineers, surveyors and architects, other than par- 
 ties to the cause, when called upon to give evi- 
 dence of any professional service rendered hy 
 them, or to give evidence depending upon their 
 
 skill or judgment, per diem 4 00 
 
 n witnesses attend in one case only, they will he en- 
 titled to the full allowance. If they attend in 
 more than one case, they will he entitled to • 
 
 a ])roportionate part in each case only. 
 The travelling expenses of witnesses over three miles 
 shall he allowed, according to the sums reason- 
 ahly and actually paid, hut in no case shall ex- 
 ceed twenty cents per mile, one way. 
 Fees allowed l)y The Act respecting Costs of Distress, — 
 The " additional distress " here referred to means that which 
 i^ necessary for the haililf to make in order to realize the 
 amount of the rent over and ahove the moneys to he made 
 on the execution: 
 
 These fees are: — 
 
 J.evying distress under $80 $1 00 
 
 !Man kee})ing jiosscssion, per diem 75 
 
 Appraisement, whether hy one appraiser or more — 
 two cents in the dollar on the value of the 
 goods: 
 If any ])rinted advertisement, not to exceed in all. . . 1 00 
 Catalogues, sale and commission, and delivery of goods 
 — five cents in the dollar on the net produce of 
 the sale— E. S. 0. c. 03, p. 730. 
 T'nder The ^faster and Servant Act, The Line Fences 
 Act, and The Ditches and "Watercourses Act, the clerk and 
 haililf receive the same fees as in suits in Court. 
 
 D.C.A. — K) 
 
 ^1! 
 
INDEX TO REVISED RULES. 
 
 (The Hfjcrcitce is tn the Sn. <;/' tlie llnle). 
 
 ABANDONING EXCESS, Rulo 7. 
 
 ABATEMENT— Death, marriage, insolvfncy, etc.. Rule 223. 
 
 No abatement if deatli between finding and judg- 
 ment, 223. 
 
 Mode of procedure afterwards, 231. 
 ABODE— To be stated in claim, Rule 3. 
 
 ABSCONDING DEBTOR— When trial of action to be heard. 
 Rule 27. 
 
 Duty of clerk before issuing attachment, 29. 
 
 When several attachments issued, 28. 
 
 Attaching creditors may contest claims, 28. 
 
 When sold as perishable, 30. 
 
 Distribution of proceeds, 31. 
 
 Parties dissatisfied with, 31 0). 
 ABSENT PARTIES— Rules 222, 239. 
 ACCOUNT— Copy to be served, Rule 17. 
 ACT— Meaning of word. Rule 2 (1). 
 ACTION— Against ofhcers and sureties, Rulo G. 
 
 First process in, 9. 
 
 Settlement of, how made under section 125, Rul? 19S. 
 
 Removing stay, 245. 
 
 Payment of damages in, 246. 
 
 Discontinuance of, 252. 
 
 Pending in another Court for same cause, 27S. 
 ADDING PARTIES— Rule 213. 
 
 ADJACENT DIVISION— Leave to sue in, Rule 22. 
 ADJOINING COUNTY— Leave to sue in, 22. 
 ADDRESS OF PARTIES— To be left with the clerk, Rule 241. 
 ADJOURNMENT— Where party dies and person entitled fails 
 to appear, Rule 230. 
 
 Where practice not complied with, 250. 
 
t 
 
 IXDEX TO REVISED RULES. 
 
 213 
 
 A.DJOURNMENT— C()Hf/»»('r/. 
 
 No order of adjournment of suit necessary, 280. 
 Of .juilgnv lit it' trial not concluded, 27G. 
 Where action in another Court, 278. 
 Where neither party appears, 28G. 
 Duty of clerk in such case, 286. 
 ADMISSION of part of plaintiff's claim, proceedings on. Rule 101. 
 Notice of. 103. 
 Costs in such cases, 103. 
 AFFIDAVITS AND OATHS, requisites of, 262, 263, 264. 
 
 Rules as to. 265, 266, 267, 268, 269. 
 AFFIDAVIT — For leave to sue in adjacent division, 22. 
 For attachment, clerk's duty as to, 29. 
 For replevin, requisites of, 43. 
 For garnishee order, requisites of, C8. 
 Of disbursements to witnesses, 291. 
 AGENT— Moaning of word, in case of Railway Co., 2 (22) a. 
 Meaning of word, in case of Telegraph Co., 2 (22) h. 
 Meaning of word, in case of Express Co., 2 (22) r. 
 Of foreign corporation, firm, or indiviJual, S3rvice of 
 
 summons on. 21. 
 Entering suit entitled to moneys recovered in, 165. 
 Clerks and bailiffs not to act as, 197. 
 ALIAS SUMMONS to be dated on day of issue, Rul? 12. 
 AMENDMENT AND CHANGE OF PARTIES, 209. 
 
 Where special summons issued instead of ordinary, 
 
 and rice rcrsa, 26, 
 Where wrong party sued, 207. 
 Where made at trial no order necessary. 209. 
 In other cases order to be drawn up, etc., 221. 
 Application for. when and how made, 211. 
 Where defendant improperly added to give juris- 
 diction, 212. 
 On misjoinder or nonjoinder of parties, 216. 
 Where plainliff sues in his own name iastead of his 
 
 representative character, and rice rcrsn, 214, 215. 
 Where name, etc., of plaintiff insufficient, 218. 
 Where husband or wife improperly joined or omitted, 
 
 220. 
 Where less number made plaintiffs, 217. 
 Names of plaintiffs may bo struck out or added, 216. 
 Where some of several defendants not sued, 217. 
 
 /':.| 
 
 i: 
 
244 
 
 DIVISION' COURTS ACT. 
 
 AMENDMENT AND CHANGE OF V ART lEfi—Continiieil. 
 Where incorrect njime of defendant given, 219. 
 Where stranger appears at trial and admits liability, 
 
 213. 
 Where suit brought by or against party in repre- 
 sentative character who should sue or be sued in 
 his own right, 214. 
 Where party brought in does not appear at trial, 222. 
 May be made by Judge at any time of defects, etc., in 
 proceedings, 239. 
 APPEAL from Division Court, practice as to, 301. 
 
 Judgment of Court of Appeal may b3 filed, 302. 
 When new trial ordered by Court of Appeal, 303. 
 Under Master and Servants' Act. 305-309. 
 Forms to be used on, 306. 
 Under Act to Impose a Tax on Dogs, 307. 
 Under Consolidated Assessment Act, 308. 
 Under Ditches and Watercourses Act, 309, 330. 
 Under Line Fences Act, 320-329. 
 APPLICATIONS for new trial (see New Trial), 172-283. 
 
 Practice and proceedings requisite on application for 
 
 new trial, 283, ii, h, c, d, v, f. 
 Summary, how made, 2-J9. 
 To set aside or stay proceedings, 251. 
 Clerlt's duties as to, 251. 
 For leave to dispute plaintiff's claim, under section 
 
 112, 277. 
 For costs, when and how made, 295. 
 For judgment summons, 200. 
 For interpleader by bailiff, 32-37. 
 APPRAISERS— Fees of, 80. See Tariff. 
 
 ASSETS IN FUTURE— Leave to issue execution on judgment 
 of. 141. 
 
 ATTACHMENT OF GOODS (see Absconding Debtor), 27. 
 
 When hearing to take place when defendant not 
 served personally, 27. 
 
 Clerks' and bailiffs' duties in respect of, 31. 
 
 Distribution of moneys under, 31 (h). 
 ATTACHMENT BOOK (debtj, entries in, 85. 
 
 To be kept by clerk, 146. 
 ATTACHMENT OF DEBTS (see Garnishment), G?. 
 
 ■s* 
 
 9% 
 
INDEX TO REVISED RULES. 
 
 245 
 
 AWARD— Judgment on, 126. 
 
 To be entered by clerk forthwith, 12G. 
 
 BAILIFF-Application by. for interpleader (see Interp'.eauer), 
 
 32. 
 Duties of — 
 
 In replevin (see Replevin), 49. 
 
 To keep fee book, 147 ('). 
 
 To make yearly return to inspector, 147 (/). 
 
 Money returned by, to be entered in Procedure Eook, 
 
 151. 
 To serve summonses, 16. 
 To serve summonses in foreign divisions and make 
 
 returns forthwith under Rule 183, 154. 
 When to serve summons, 10, 180. 
 On receiving summons for service. 183. 
 To attend sittings of Court, and to make suitable 
 
 preparations, 184. 
 Other duties at such sittings, 184. 
 To keep "Bailiff's Process Book," 1S5. 
 To give suitors information as to contents, 185. 
 Book to be open to Judge or clerk, 185. 
 To deliver return on oath to clerk at every sitting, 185. 
 On receiving money, to pay same forthwith to clerk, 
 
 186. 
 Not to withhold suitors' moneys, 164. 
 Not to delay or hinder proceedings cf Court, 195. 
 Not to purchase or have interest in suit, 196. 
 Not to act as agent for parties, 197. 
 Forfeiture of office for, 197. 
 On executing warrant of commitment, 187. 
 To discharge debtor on payment of amount endorsed 
 
 on warrant, 206. 
 To keep cash book, 189. 
 When execution to be returned by, 185 ('/). 
 To report to clerk inability to sell goods in time, 
 
 185 {(I). 
 When unable to realize reasonable amount on saL', 
 
 185 (fi). 
 When execution returned " property on hand for want 
 
 of buyers," new process to issue, 185 (.!>). 
 Money realized to be paid to the clerk, 186. 
 To endorse an execution, day and hour of receipt, 18S. 
 
 iil 
 
 m 
 
I \ 
 
 246 
 
 DIVISION COUIITH ACT. 
 
 BAILIFF -DcTiKH ov-Ct,iitiiniiil. 
 
 To glvt' particulars, in detail, of fees, etc., 188. 
 
 Wlu'n siumiKins not served in time for Ci)urt, 190. 
 
 Proceedings in such cases on foreign summons, 191. 
 
 Fees of, 29G. * 
 
 Schedule of. 79. See Tariff. 
 
 Fees to be deposited in certain cast a, 297. 
 
 Not to take niducy except on execution or wan ant of 
 commitment, 199. 
 
 Action by, under section 229, warning to defendant, 13, 
 BENEFICIAL PLAINTIFF in action under section 229, warning 
 
 to deftndant, 13. 
 BILL OF COSTS to be made by clerli in detail, 175. 
 
 BOARD OF COUNTY JUDGES, when regular meeting of, lo bn 
 
 held. 2G1. 
 BOND IN REPLEVIN, bailiff to take, 47. 
 
 When delivered up to be cancelled, action on to be 
 discontinued, (52. 
 BOND IN GARNISHEE PROCEEDINGS, to be given rnder 
 
 section 196 (see Garnishment), 82. 
 BOND IN ATTACHMENT .-igainst absconding debtors on sale of 
 
 perishable properly (see Index of Forms). 
 BOOKS— To be kept by clerk (u-e clerk), 140. 
 
 To bo kept by bailiff (see b:iiliff), 147. 
 Rules as to entries therein. 147. 
 CASH BOOK to be kept by clerk, MG. 
 
 To be kept by bailiff, 189. 
 CAUSE OF ACTION (see Claim). 
 
 CAUTION TO PARTIES sued on chose in action seized under 
 
 section 229. 13. 
 CASES TRANSFERRED— Proceedings in. i57. 
 CHANGE OF PARTIES (see Amendment). 207-231. 
 
 Before judgment, 224. 
 
 Substitution of a defendant, 225. 
 
 On change of interest or new capacity, 226. 
 
 Notice of order therefor, 227. 
 
 Judge may discharge or vary orJer in ceitain cases, 
 228. 
 
 Procedure Book to show change, 231. 
 
 Procedure subsequent to order for, 231. 
 CHANGE OF PLACE OF TRIAL.— Notice on summons as to. 22. 
 
 Proceedings in transferred eases, 157. 
 
 
I 
 
 INDEX TO IIKVIST'.I) IM'I.KS. 
 
 247 
 
 CHOSE IN ACTION— When seized. Imw sued on, 13. 
 CLAIM AND PARTICULARS— Reaulsitcs of, 3. 
 
 To be numbered by clerk In order of receipt, 14S. 
 
 'I'o show standing of suit, 148. 
 
 To be annexed to iind form part of ^,ummons, 150. 
 
 When entered in Court nearest defendant's resi- 
 dence, 5. 
 
 Agiiinst officers and sureties, 6. 
 
 Where excess abandoned, 7. 
 
 In replevin. 5. 
 
 In interpleader, of landlord for rent, 33. 
 
 In interpleader, particulars of, 33. 
 
 In suits against executors, etc.. 100 (c). 
 CLEAR DAYS— Meaning of, 2 (17). 
 
 CLERK'S DUTIES-On issuing attachment (see Absconliug 
 Debtor), 29. 
 
 In interpleader proceedings (see Interpleader), 32-37. 
 
 To issue alias or pluries summons when necessa.y, 12. 
 
 To notify defendant of judgment under soctio.i 110, 
 
 Of cities to keep separate books of fees, et •., 147 (h). 
 And to make return thereof annually ti> the Litut- 
 
 Governor, 147 (/). 
 On defendant disputing claim in pait, 101. 
 Plaintiff to notify clerk if he accepts part, 101 ('i). 
 To notify defendant of plarntiff's intention to proceed 
 
 for remainder. 1G6. 
 To make return of business of office to L'.eut.- 
 
 Governor. 147 0). 
 As to service of summonses in other divisions, 154. 
 To enter same in Foreign Summons Rook, 154 (a). 
 Not to receive money on such summonses, 154 (h). 
 To prepare trial lists, 155. 
 Requisites of such lists, 155 (a). 
 To answer all reasonable enquiries by suitors, 153. 
 When jury demanded. 156. 
 In transferred cases under section 87, 157. 
 To pay money received to solicitor or agent entering 
 
 suit or making deposil, 165. 
 To notify parties in garnishee proceedings of all 
 
 matters of which they should te informed, 168. 
 To register letters containing notices, 169. 
 
 
 IH 
 
 i 
 
I 
 
 \i 
 
 248 
 
 DIVISION COUH'I'.S ACT. 
 
 ■ 
 
 CLEHK'S miTlEii-Coiittiniot. 
 
 To forward evidence lakfu in writing on application 
 
 for new Irlal, 173. 
 May send papers to be served on such application by 
 
 mail. 173. 
 On plea of tender or payment Into Cotirt, 170. 
 To make half-yearly returns to inspector, I7G. 
 And tran.smit duplicate thereof to rrovinclal Treas- 
 
 urer, 177. 
 To pay Provincial Tn'asurer proportion of fees he Is 
 
 not entitled to retain, 177. 
 To make list of unclaimed moneys under oath and 
 
 transmit with such moneys U> County Attorney. 
 
 178. 
 
 To lay bailiff's return before Judge at every Court. 17i). 
 Such return to be filed and endorsed as specified, 194. 
 If return incorrect, to notify .ludge. 194. 
 To report to .Judge at every Court ;is to his r.nl bailiffs 
 sureties, 179. 
 
 To make annual return of commitments to inspector, 
 181. 
 
 To report failure to advt rtise and sell property t) 
 
 execution creditor, 185 (h). 
 To issue new process on execution returned "property 
 
 on hand for want of buyers," 185 ('■). 
 To pay bailiff proper taxable fees on executlcm duly 
 
 returned, 185 (f/). 
 When summons not served in time for Court, 190. 
 On entering judgment on special summons (see Ju<lg- 
 
 ment), 116-132. • 
 To hold ofi^ce where .Judge directs, 145. 
 To keep books prescribed, 146. 
 Rules as to entries to be made in books, 147. 
 To number claims consecutively, 148. 
 To proceed by special summons in proper cases, 149. 
 To annex claim to summons and copy, 150. 
 To deliver summcms for service without delay, 150. 
 To enter in Proceilure Book moneys returned by 
 
 bailiff, 151. 
 
 To transmit summons by mail for service in foreign 
 
 division, 154. 
 To make entries in Foreign Summons Book, 154. 
 
 i< 
 
IN'DKX I'o iu:visi;i) hulks. 
 
 240 
 
 i 
 
 CLEUK'S Vl]Tli:H-'Coniiini,'il. 
 
 Of ch'rk of foreign division in respect of, 154. 
 
 On apiiliftition lor new trial (aoe New Trial), 2S3-285. 
 
 To notify partl<'S of adjourniuent of case. 280. 
 
 On service of process from foreign Court, to eIvi' full 
 
 statement of fees, 292. 
 Not bound to take proceedings unless costs paid, 297. 
 Fees of, rules as to. 290-298. 
 Schedule of. Sec Tarilf. 
 To keep all papers in original summons, 152. 
 To produce all original papers when required, 152. 
 Original summons to be printed on half-sheet:^ foo'.s- 
 
 c\j. 152. 
 To give notice that defendant does or does not dis- 
 pute claim, 158. 
 And of any (»ther notice of which plaintiff should be 
 
 informed. 158. 
 Where Judgment not given on poatpcned judgment 
 
 under section 101. 
 To make out bill of costs in detail, and endorse taxe 
 
 on summons, 174. 
 On taxation of costs, 174. 
 
 'I'o give statement of costs when require 1, 175. 
 To give notice of receipt of money and pay same over, 
 
 163. 
 Not to withhold money from suitors, 164. 
 Not to hinder or dela.; oioepeding^, 195. 
 Not to purchase or hold irte. eat in suits, etc., 196. 
 Not to act as agents for pa.cits, 197. 
 CLERK'S NOTICES (see Index of Forms). 
 CLERK AND SURETIES— Particulars in actions against, 6. 
 COMMENCEMENT OF ACTION— What is. 9. 
 COMMI'l'MENTS— Return of, to be made to inspector, 181. 
 COMMITMENT- When warrants of, to be dated, 203. 
 R(>newal of. 204. 
 
 Duty of bailiff on executing warrant, 187. 
 Payment or arrest under, 206. 
 CONCURRENT SUMMONS— Where defendants reside out of 
 county, 15. 
 Costs of, 15. 
 Requisites of, 15. 
 
II' 
 
 iil'i' 
 
 250 
 
 DIVISION COUiri'S ACT. 
 
 CONFESSION as to part and defence as to I'cSt of claim, 101. 
 Parties may admit part of claim and defend for re- 
 mainder. 103. 
 Costs subsequent to, 103. 
 Before nction, requisites of, 102. 
 Plaintiff, where no defence mad?, may elect to prcceed 
 
 on or on judgment by default, 122. 
 Notice of, to be given by clerk to plaintiff. 1G2. 
 CONTESTED CASE— Defined, 289. 
 
 When co-u)'^"! fees allowed in, 252, 289, 290. 
 CONTRACT— Paic;-.,ars in action on, 4. 
 
 Where I'riiiid faric case of lip'Vlity established by. 
 Judge may make order for preservation or custody 
 of p'-operty or payment into Court, 259. 
 COSTS— Practice on application and order for, £95. 
 Of concurrent summons, 15. 
 In suits f.gainst executors, etc., 100. 
 Of interpleader proceedings dismiss d. 35. 
 Taxed to bailiff, to be shown in I'rofedire Bock, 151. 
 Taxation of. 174. 
 
 Statement of, to be given by clerk when required, 175. 
 Counsel fees (see Counsel Fees-), 252, 288, 289. 
 AlldWi- ce of, by judge, 295. 
 Practice on allowance of or certificate fcr, in rny case, 
 
 295. 
 Postage, etc., to be costs in cause, 300. 
 Security for may be ordered, 294. 
 COUNTERCLAIM- May be set up by attaching creditors, 28. 
 What may be set up by way of. If 5. 
 Effect of. lOG. 
 
 Judge n:ay order exclusicm of, in certain ca:es, 107. 
 Judgment on, when established aga'nst plaintiff, 109. 
 Proceedings in such cases. 127. 
 
 Form of judgment may be in Ju.Ige's discretion, 110. 
 May be proceeded with thouf:h action stayed, discon- 
 tinued, or dismissed. 111. 
 Where recovery of spc^cific property sought by, 112. 
 When party claims securtiy or lien in respect of such 
 
 property, 112. 
 Judgment where plaintiff dots not appear, 113. 
 Involving matter beyond juris llction, 114. 
 Notice of, when and how given, 115. 
 
 I 
 
 h 
 
lXJ)EX TO UEVISEI) RCLES. 
 
 251 
 
 COUNTERCLAIM— C'o//^'(M(cv/. 
 
 Particulars o^', to be filed and served, 115. 
 
 Clerk's duties as to, 115. 
 
 When judgment fur defendant, subsequent procoodings 
 
 on, 127. 
 Where several defendants, some not served, 210. 
 COURT— Men ning of defined, 2 (7), (8). 
 
 COUNSEL F. i:S— Miiy be allowed on discontinuance of action 
 in certain cases, 252. 
 When in what cases allowed, 288, 289. 
 Contested case defined, 289. 
 When application for, to be made, 295. 
 Order for, how made, 295. 
 COUNTY— Defined, 2. 
 COURT— Defined, 2. 
 
 CREDITORS' RELIEF ACT— Proceedings in Division Court 
 where execution or certificate filed and not p;.:;: in 
 full and money not made, 36. 
 Where claim not paid and sheriff's return velates to 
 
 Division Court judgment or execution, 133. 
 Where such return relates to claim within Division 
 Court jurisdiction, 133. 
 CROSS .lUDGMENTS— To be set off, 106. 
 DAMAGES— In interpleader proceedings (see Interpleader), .i6, 49. 
 
 In replevin (see Replevin), 66, 67. 
 DEATH of party to action not to abate same, 223. 
 DEBT ATTACHMENT BOOK— To be kept by clerk, 146. 
 
 Entries to be made forthwith on order or summons, So. 
 DEBTOR (see Absconding Debtor). 27. 
 DEATH OF PARTIES— Reviving proceedings on, 139. 
 DECREES (see Orders), 125, 38, 243. 
 DEFAULT (see Judgment), 59, 60, 116, 123. 
 
 DEP^ENCE- By attaching creditors where several attahments 
 issued, 28. 
 In replevin, how to be entered (see Replevin), 59. 
 In garnishee proceedings (see Garnishment), 86. 
 By executors, etc. (see Executors), 91. 
 In replevin, notice of, when to be givevi, 59, 60. 
 Judgment in default of (see Judgment), 59, 60, 116, 123. 
 As to part, proceedings in, 101. 
 Admission of part, defence as to rest, 103. 
 Reiiuisites of notice in such cases, 103. 
 Costs subsequent to notice, 103. 
 
 m 
 
 I 
 
252 
 
 DIVISION COURTS ACT. 
 
 DEFENQIE— Continued. 
 
 Notice of statutory defence, set off, etc., deemed sum- 
 
 cient 104. 
 Of set-off, countet-claim, Statute of Limitations, or 
 
 other sta,tutory defence, notices to be given, 115. 
 By way of countercl-im (see Counterclaim), 105, 115. 
 May be allowed on sufficient grounds after minute of 
 
 judgment entered, 121. 
 For part, judgment for balance to be entered, 129. 
 On notice of, clerk to notify plaintiff, 162. 
 For part, notice by clerk of plaintiffs intention to pro- 
 ceed for remainder, 166. 
 On leave '^eing granted, clerk to notify plaintiff, 167. 
 Applicatio ' Tor leave to, practice on, 277. 
 Right of one of sevenil joint contractors as to, 282. 
 DEFENDANT— Word defined, 2 (12). 
 
 Process against where more thaji one, resident in 
 
 different counties, 15. 
 Settlement of suit by, to be made with clerk, 198. 
 Change or substitution of (see Amendment), 207-231. 
 DETENTION of subject-matter of action may be ordered in cer- 
 tain cases. 257. 
 DETINUE— Paying money into Coi-t on action of, 244. 
 DISBURSEMENT— Affidavit of (see Witnesses), 291. 
 DISCONTINUANCE of action, t^.acuco as to, 252. 
 
 Counsel fee may be allowed after, 252 ((0. 
 DISMISSAL of action when c:uise for same action i)ending in 
 
 another Court, 278. 
 DISPUTING CLAIM (see Defenc(>), 101, 119. 
 DITCHES AND WATERCOURSES-Appeals under Act, practice 
 
 as to. 330. 
 DOCUMENTS— Inspection of, 287. 
 
 Forms prescribed for only to be used, 242. 
 ELOIGNMENT (see Replevin)-Bailiff to make return thereof, 54. 
 
 Writ in withernam to issue, 54. 
 EMOLUMENTS-Clerk's return of (see Return), 147, 17G. 181. 
 EXCESS— Abandonment of. 7. 
 
 EXECUTION- Against absconding debtor (see Absconding Deb- 
 tor), 27. 
 May issue on judgment by default under section 109 or 
 
 111 forthwith, 116-132. 
 When executed out of the division. 124. 
 Not to be issued to bailiff of another County, 124. 
 
¥ 
 
 INDEX TO REVISED RULES. 
 
 EXECUTION— c'o)!<i»i(aL 
 
 Return by bailiff in such cases, 124. 
 
 On judgment on award, 126. 
 
 On judgment for defendant on set-off or counterclaim, 
 
 127. 
 How to be printed, 132. 
 
 When judgment postponed under section 157. 
 May issuo at any time within six years, 139. 
 Revival of, 140. 
 
 Leave to issue must bi' obtained in certain cases, 141. 
 Not to issue on process more than six years old except 
 
 in certain cases, 141. 
 Duties of bailiff in respect of, 183. 
 Must be returned within thirty days, 185 (a). 
 Procedure where return not made in timi*, 185 'Ji). 
 Property seized under, not to be sacrificed, 185 K ). 
 When returned " property on hands," etc., new proci-ss 
 
 to issue, 185 ((■)• 
 Whole money made to be returned by bailiff 185 (./). 
 Bailiff to endorse day and hour of receipt of, 188. 
 Bailiff to give full statement of fees on, etc., 188. 
 Bailiff to make return of all executions at each sitting 
 
 of Court, 193. 
 Memo, to be endorsed by clerk on such return, 194. 
 For payment of clerk's fees under section 297. 
 EXECUTORS AND ADMINISTRATORS— Meaning of words, 
 2 (3), (4). 
 Parties suing may suggest devastavit, 89. 
 Judgment on devastavit, 90. 
 
 when denial of representative character or a re- 
 lease alleged by defendant, 91. 
 where defendant t'^nies demand, 92. 
 where piciic (idiiiintsiravit pleaded and proved, but 
 
 demand denied, 93. 
 on i)li'ii(' u(lministrav\t, not proved, and demand 
 
 denied, 94. 
 on phnr (idmhiistnivit, proved, and demand ad- 
 mitted, 95. 
 where demand admitted and piciie (idministracit 
 
 alleged, but not proved, 95. 
 where judgment rendered qvando accdcrint, sug- 
 gestion of devastavit, 97. 
 
 it 
 
 I 
 
11 
 
 254 
 
 DIVISION COURTS ACT. 
 
 FEES- 
 
 EXECUTORS AND AD.^MNISTIUTORS-C„;/^/„„,,/. 
 
 where judgment given <iiwn,h> uiTuhrlnt, summons 
 
 may issue suggesting devastavit, 97. 
 provisions of Rul,. 90 to apply to tho enquiry, 97 
 When liability admitted, money to be paid into Court 
 
 Defence of m)tice to creditors, and distribution or 
 assets, 101. 
 
 Practice in actions against, not otherwise provided 
 for, 99. 
 
 Judgment for coats if plaintiff fail, 100. 
 Revival of judgment, 139. 
 
 Represcniativo character to be stated in claim, 100 {a). 
 May sue without joining person beneficially inter- 
 ested 100. 
 
 But such persons m;iy be made parties. 100. 
 Claims by and against, may be j..ined with personal 
 claims in respect of estate. 100 (c). 
 FEE BOOK— To be kept by clerk, 146. 
 To be kept by b.-iiliff, 147 {n). 
 Tu be p:ud judgment dcbtc r residing over three miies 
 from Court, 202. 
 To counsel (see Counsel Fees), 252 (r/). 2SS. 
 Of bailiff, to be deposited lu certain cases, 290 (0- 
 Rules respecting tariff f,.r ofllcers, 29G. 
 To witness, to be taxed by clerk, 291. 
 Affidavits of disbursements to wilnesses may be re- 
 quired, 291. 
 Until paid, clerk need not take jiroceeding:?, 297. 
 Execution for, under section 54, 298. 
 'i'ariff (if, to clerks and bailiffs. (See Tariff). 
 To witnesses and appr.-iisers. (See 'i'ariff). 
 FLOODING LANDS— When action for to be brought, 23. 
 
 Ordinary summons to issue, 21. 
 " FOREIGN COURT " a,nd " Foreign Division "-Defined, 2 (8). 
 
 Service of process in, 154, 292. 
 FOREIGN DIVISION—Defined, 2 (8). 
 
 Procedure on service of summons in, 154. 
 Clerk to give full statement of fees, 292. 
 Executions, how executed in, 124. 
 FOREIGN CORPORATIONS— Firms or individuals, service on. 21. 
 FOREIGN SUMMONS BOOK— Entries to be made in, 154. 
 FORFEITURE OF OFFICE— By clerks and bailiffs, 186, 196. 
 
 I 
 
 * 
 
INDEX TO REVISED UL'LES. 
 
 255 
 
 1 
 
 I 
 
 FORMS. (Sec Index of Forms.) 
 
 Prescribed to be used, 242. 
 
 Used previous to framing of rules may be continued 
 with Judge's approval, 242. 
 FURTHER PARTICULARS— Judge may allow, 4. 
 i^oRMAL OBJECTIONS— Proceedings not to be defeated by, 236. 
 
 Power of Judge to amend, 237. 
 GAMBLING DEBT— Court has no jurisdiction on note of hand 
 
 for, 233. 
 GARNISHMENT OF DEBTS— Application ;ind affidavit for order, 
 after judgment, under section 178, G8. 
 Application for attachment under section 188, G9. 
 Judge to dirict proceedings, G9. 
 And may add partii s, G9. 
 Adjudication in such cases, G9. 
 
 Proceedings where cri'ditor fails and there is a contro- 
 versy between debtor and garnishee, 70. 
 Where exemption exists under sections 174 and 175, the 
 
 fact to be established by defendant, 71. 
 Warning to be emlorsed on svmmons cir order, 72. 
 Warning to be endorsed where debt for wages, 73. 
 When and how summons to be served, 74. 
 Primary debtor to be served. 75. 
 Substitutional service may be ordeied, 7G. 
 Procedure where debt claimed by third pirty. 77. 
 On judgment of foreign Court, transcript to be filed, 78. 
 No paynu nt to be made by garnishee without order, 73. 
 Money paid into Court not to bo paid out until after 
 
 judgment unless creditor accepts, 79 ('/). 
 Costs in such cases, 79 (»/). 
 Procedure where garnishee pays into Court before 
 
 trial, 80. 
 Application under section 195. how made, 81. 
 Bond from primary creditor, requisi'.es of, 82. 
 To be approved by clerk, 82. 
 Assignment of, to garnishee, S3. 
 Garnishee liable for costs against him, 84. 
 Clerk to enter process issueil in Debt Attachment 
 Book, 85. 
 Defences in, what may be set up, 86. 
 Particulars to be filed, 86 00. 
 Copy to be mailed by clerk to parties, 8G ('>). 
 
 W 
 
 9-m 
 
256 
 
 DIVISION COUIl'I'.S ACT. 
 
 GARNISHMENT OF DKB'iS-Dkfknce.s ly-ContiniuuL 
 Notice to be filed by creditor, 86 (r). 
 Clerk to notify gcarnishee thereof, 86 (d). 
 Effect of want of notice in such cases, 86 0). 
 Costs of notices, costs in cuigo, 86 (.'/). 
 Procedure where garnishee does not appear, 83 (//). 
 Procedure where some of parties only are served, 86 (i). 
 Proceedings against garnishee under The Judicature 
 
 Act. 87. 
 Clerk to give notice to parties of all matters of what 
 they should be informed. 169. 
 GOODS--Chattels, and property, defined, 2 (21). 
 
 Seizure of, under execution (see Execution), 185. 
 HEARING (see Trial). 
 
 In attachment, where service of sunmions not per- 
 sonal, 27. 
 HOME COURT and Home Division, defined, 2 (7). 
 HUSBAND AND WIPE— Where husband entitled or liable to 
 execution for or against his wife, leave to be 
 obtained, 140 (h). 
 Claims by, may be joined, 232. 
 See M.'irried Women, 270-274. 
 INDEX to Procedure Book, form of, 147. 
 INFANT— May sue for w^ages, 234. 
 
 'Po sue by next friend in other cases, 235. 
 INSPECTION— Of subject-matter of suit may be ordered, 267. 
 
 Judge may inspect or order jury to inspect property, 
 279. 
 
 Of documents, when parties entitled to. 287. 
 INTERPLEADER— Proceedings in, 32-37. 
 Particulars of claim, 33. 
 Notice of. 33. 
 
 Particulars where damages claimed under section 
 269, 35 ('/). 
 
 Where damage claimed against bailiff, 35 (a). 
 
 Where damage claimed against baililf and credi- 
 tor, 35 id). 
 
 Damages may be j.aid into Court, 35 (c). 
 
 Issue may be tried by ronsent, 33. 
 
 Summons, service of 3:!, 
 
 Summons to be issued by the clerk on anplication of 
 
 bailiff. 35 (rf). 
 Adjudication in, 33. 
 
 W: 
 
INDEX TO REVISE n HCLES. 
 
 257 
 
 
 INTERPLKADKll-c'.»/^/;((/('</. 
 
 Costs in, where claim dismissed, 35. 
 
 Landlord's claim for rent, 32. 
 
 From what Court siimmons to issue, 35 ('). 
 
 Duty of bailiff where property incumbered, 35 (/). 
 
 Security to b<' given by claimant in such cases, 35 (;/). 
 
 Perishable goods, how disposed (if, 3(>. 
 
 Moneys in dispute in hands of clprk to be held until 
 
 adjudication, 33. 
 Where claimant wishes to prevent sale of goods, under 
 
 section 2()9, 35 (c). 
 Security in such cases, 37. 
 INTERPRETATION (see Words). 2. 
 IRREGULARITY— Practice as to. 236. 
 
 JOINT CONTRACTORS— Right of defence by one of several, 282. 
 JUDGE— Meaning defined. 2 (9). 
 
 May sit and transact business of Court at any time, 254. 
 May order d»4ention, preservation, inspection, survey- 
 ing, or measuring of subject-matter of suit, 257. 
 May order preservation or interim custody of property, 
 
 257. 
 May order amount brought into Court or secured, 259. 
 May inspect or order jury to inspect property, 279. 
 Powers of, on application for new trial, 283, 284. 
 Procedure on postponed judgment under section 
 
 144. 276. 
 Powers of, on application of new trial, 284, 285. 
 JUDGMENT DEBTOR— Return of commitment of, to be made 
 annually to inspector, ISL 
 Application for summons against, 200. 
 Date of examination to be entert'd in Judgment 
 
 Debtors' Book. 201. 
 Residing over three miles from Court entitled to fees, 
 
 202. 
 Service of summons, 192. 
 JUDGMENT DEBTORS' BOOK to be kept by clerk, 146. 201. 
 JUDGMENT SUMMONS (see Judgment Debtor), 181. 
 
 Not to issue on judgment over six years old without 
 leave, 141. 
 JUDGMENT— Ix Replevin— On default for want of notice of 
 d nee, 58, 59. 
 Where distress fcr rent, and defendant succeeds, 65. 
 r.n .\. - 17 
 
258 
 
 DIVISION' COL'JITS ACT. 
 
 11 
 
 ■ 
 
 JUDGMENT— In TlKvi.Kvis—Coiitinvrd. 
 
 In ordinary actions of, 67, 
 
 Where defendant pays money into Cunrt, G2. 
 In garnishee proceedings (see Garnisliment), 86. 
 On counterclaim or set-off, 105, 113. 
 E.xecution may issue on such judgment as in ordinary 
 
 Cii.'^es, 127. 
 
 On special summons, several defendants, some not 
 served, 116. 
 
 On special summons, several defendants, by default 
 117. 
 
 On special summons, several defendants, on confession 
 118. 
 
 On special summons, all defendants not served on same 
 day, 119. 
 
 On special summons, several defendants^ some dis- 
 puting, 120. 
 
 On special summons, defendant may allerwards be let 
 
 in to defend, 121. 
 On confession where no defence made, 122. 
 To be entered by cleric within one month, 123. 
 Under section 110 clerk u> notify defendant, 123 (d). 
 How to be entered in Procedure liook, 125. 
 When and where payable, 125. 
 On an award, 12G. 
 
 Time for judgment when ordered to be paid by instal- 
 ments. 128. 
 
 When defence, only for part, 129. 
 
 On set-off or counterclaim, 127. 
 
 Motion for, under section 111, practice as to, 130. 
 
 By default, under sections 109 or 111, execution to issue 
 forthwith, 130, 131. 
 
 Special, to be prepared by clerk, etc., 138. 
 
 This rule applicable to proceedings und(>r the Acta 
 respecting Line Fences and Ditches and Water- 
 courses. 330-338. 
 
 Party dissatisfied with, may apply to vary, etc., 138. 
 
 When settled, to be filed and entered in Procedure 
 Book. 138. ? 
 
 Cross judgments to be set off, 144. 
 
 How entered, in cases transferred under section 87, 157. 
 
 When postponed under section 144, 161. 
 
 AS 
 
 \ ' 
 
INM)EX TO UKVISKD RULES. 
 
 25a 
 
 :% 
 
 I y 
 
 JUDGMENT— 1\ Ihvi.v.vis—CoiitiiiitfJ. 
 
 Satisfnction of, party making may require same 
 
 entered, 25(J. 
 Against married women (see Married Women), 270, 273. 
 Form of. 274. 
 JUDICATURE ACT— Garnishee proceedings in Division Court 
 
 under. 
 JURAT -To iiffidavit, 2Ct. 
 
 JURISDICTION— None on note for gambling debt or spirituous 
 liquors, 233. 
 Where leave may be grunted to bring action in adjacent 
 
 division, 22. 
 In actions for flooding lands, 23. 
 JURY CASES— List of, to be prepared by clerk, 154, 156. 
 Proceeding when jury required, 15G. 
 Judge may nonsuit in, 275. 
 Judge may make jury a condition on granting a new 
 
 trial, 283. 
 Party entitled to jury on second trial. 283. 
 Jury may be ordered to inspect subject-matter of suit, 
 279. 
 LANDLORD'S CLAIM FOR RENT— In Interpleader, 32, 33. 
 LANDS— Flooding of, when and how action to be brought, 23. 
 LEAVE — To issue summons under section 83, by whom granted, 
 14. 22. 
 To dispute claim under section 112, 277. 
 LINE FENCES— Appeal under The Line Fences Act, 320. 
 Practice on appeal, 322. 
 Forms to be used on, rule respecting, 329. 
 LIQUORS— Court no jurisdiction in action for, 233. 
 LISTS OF CASES for trial to be prepared by clerk, 155. 
 
 Requisites of. 155. 
 MARRIED WOMEN. (See Husband and Wife), 140 (//), 232. 
 Capable of suing and being sued, 270. 
 Particulars in actions against, how to be framed, 271. 
 Judgment by default may be signed against, 273. 
 Forms of judgment, 274. 
 MASTER AND SERVANT— Appeals to Division Ciiurt under Act 
 respecting, 305. 
 Forms to be used on, 306. 
 Practice on appeal. 309. 
 Bond on appeal, 316. 
 When jury required, 317. 
 Subpoena to witnesses, 319. 
 
2(30 
 
 DIVISION UOL'ltT.S ACT. 
 
 I' I 
 
 MEETING of Board of County Juclges, 2CL 
 
 MEMORANDUM on suninions in garnishee cases (see Garnish- 
 ment), 7o. 
 
 MINOR— Miiy suo for wages, 234. 
 
 Undertaking by next friend in other cases, 235. 
 MINUTES OF JUDGMP^NT— In action against st-veral de- 
 fendants, some not served, 116. 
 Defendant so minuted may be let in to defend, 121. 
 MONEY PAID INTO COURT— Clerk to give notice of. 163. 
 
 Not to be withheld by clerk under any pretence, 164. 
 On plea of tender, when plaintiff does not accept to re- 
 j main in Court until adjudication, 170. 
 
 On interpleader, to be retained until adjudication, 
 
 35 (r). 
 Under section 123, procedure therein, 244. 
 Under sections 123 or 126. 245. 
 In action of detinue, 246. 
 CoLLi:cTKD— By bailiff, to be paid to proper clerk, 1C4, 1?G. 
 Parties to direct mode o^ transmission, 247. 
 Pay.'ible at clerk's oflice, 247. 
 Not to be sent to clerk of another divisiim without 
 
 plaintiff's order. 248. 
 On transcript, how payable, 248. 
 Unclaimed — To be returned to County Attorney (spe Payment 
 into Court), 247. 
 
 MOTION — For judgment under section 111, 130. 
 
 Summary, when and how to be made, 249. 
 
 To set aside or stay procee lings, how made, 251. 
 NAME OF PARTIES to be stated in full, 3. 
 
 NEW TRIAL— Application for, 172, 249. 
 
 Evidence taken in writing to be forwarded by clerk, 173. 
 Clerk may serve papers by mail, 173. 
 Applications in other cases, how made, 249. 
 Practice respecting application and order, 283. 
 Judge's powers in respect of, 284, 285. 
 NOTICES— On writ as to change of place of trial, 24. 
 
 By clerk of preparation of lists of crt>ditors in attach- 
 ment. 31. 
 Of admission of part, and defence as to rest of claim, 
 
 103. 
 To be given by clerk of defence, or other matter of 
 plaintiff, should be informed, 162. 
 
INDEX TO ItKVISKI) lU'LKS. 
 
 2()1 
 
 
 i 
 
 ij 
 
 HOTICKS—Cwliiiiicd. 
 
 To be given by clerk Immecllately on receipt of moneys, 
 
 163. 
 Of plaintiff'H intention to procivd for rfniainder of 
 
 claim. I»)C. 
 To be given by clerl< of leave to defend, IfiT. 
 To be given by clerk in garnishee proceedings when 
 claim disputed, or of matters uf whiih parties 
 should be informed, lOi). 
 To be given by clerk of defence, admission, .IiidKo'a 
 
 order, or other matter, 107. 
 When sent by mail, letter to be registered, 169. 
 Of plei' of tender, or payment into Court to be given 
 
 by clerk to plaintiff, 171. 
 Of motion other than for new trial, 249. 
 Of motion for new trial (see New Trial), 173, 283. 
 In interpleader proceedings (see Interpleader), 35. 
 In replevin (see Replevin), 59. 
 To be in manuscript or print, 240. 
 On special summons (see Sunmions). 
 OATH— Definition of, 2 (6). 
 
 An-u Akkih.mations (see Affidavit), 262. 263-269. 
 OFFICERS' FEES— See Tariff. 
 
 And sureties, claim on suit against, 6. 
 OPERATIONS of Rules and Forms, time of, Rule 1. 
 ORDINARY SUMMONS— To issue in actltms for flooding lands, 
 23. 
 To appear (Form No. 49), 10. 
 Service of, 16, 154, 183. 
 ORDER BOOK— To be kept by clerk, 146. 
 ORDER— Defined, 2 (19). 
 ORDERS— 'I'o be entered by clerk in Procedure Book. 124. 
 
 Giving leave to take a proceeding neeil not be drawn or 
 
 served, 243. 
 But must be minuted in Procedure Book, 243. 
 Special, to be prepared and entered by clerk, 133. 
 PAPERS in suit, to be kept in summons, 152. 
 PART— Judgment for (see Judgm(>nt). 101, 116, 129. 
 PARTICULARS OF CLAIM— To be in detail, 3. 
 
 When suit entered in Court nearest defendant's 
 
 residence, 5. 
 copy to be attached to summons, 17. 
 
 n 
 
 >., • 
 
I 
 
 2Q'2 
 
 iHNisio.v foritrs Ai'T, 
 
 II'! 
 
 PAUTIOULARS OF CLALM -r,>,/N,„„.,/. 
 
 In nctioiiH against ufliceiH, r,. 
 
 Wlicn cxci'ss iinist be abandonrd on, 7. 
 
 In inlt'iitleader (see Interpleader), 32, 33. 
 
 Against married woman (seo Married Women), 271. 
 PARTIES, to uclion (see Amendmen,), 2(l7-2L'l. 
 
 Change of (see Cliange of rarliea). 207-231. 
 
 Death oi, reviviMg proreedings on, 110, 112. 
 PAR'I'Y— Moaning of word, 2 (2). 
 
 PAYMENT INTO COl'RT^-To be deemed notice of defenee, 104. 
 In replevin, 02. 
 
 Cleik to give notice (.f lo |)laiiitiir, 170, 171. 
 Under section 12(1 of Aet, 2-14. 
 Under section 123 or 12(J of Act, 245. 
 In deliniie. 2 Hi. 
 
 Judge may order where luiiiin f,i,i( liability estab- 
 lished, 259. 
 
 In aciions against executors, etc., where liability 
 admitU'd, 90. 
 
 PAYMENT of money not to be made to l)ailiff, 199. 
 
 By garnishee to creditor before judgment, invalid, 79, 
 On arrest under warrant nf cunur.itment "00 
 
 PERSON- Defined. 2 (3). 
 
 PERISHABLE IMIOBERTV- Procedure on rei/uro of. und.T 
 
 attachment, 30. 
 PETITIONER— Defined, 2 (11). 
 PLACE of abode of i)arties to be given. 3. 
 
 Of trial, change of. 22. 
 PLAINTIFF- Defined, 2 (10). 
 PRIMARY CREDITOR (see Garnishment), G8-88. 
 PRIMARY DEBTOR (see Garnishment). 
 PLURIES Sl'MMONS^How dated. 8. 
 
 POSTAGE and registration of p:ipers to be costs In cause, 300. 
 POSTPONED JUDGMENT-Under section 144. proceedings on 
 
 •m. 
 
 Cjiuse not concluded by failure of .ludge to give, 27G. 
 PRACTICE— When not complied with. Judge may adjourn, 250. 
 
 On stay of proceedings. 293. 
 PROCEDURE BOOK-Eorni of, to be used, 147. 
 
 Judgments and orders to be entered in, 125. 
 
 Special judgments and orders also, 138. 
 
 Cross judgments to be entered in. 144. 
 
 To be kept by clerk, 14G. 
 
lNin:.\ TO HKVISKI) UL'F.KS. 
 
 203 
 
 PROCEDURE BOOK-Coiitiiiiiid. 
 
 EntrifH required to be made In, 147. 
 
 Index to, form of, 147. 
 
 To show return ))y bailiff and costs taxed to him, 151. 
 
 PROCESS— Defined, 2 (1.')). 
 
 Under seal lo he signed by clerk. 
 
 First to be roniniencement of aetlon. 8. 
 
 First in eertain eases, 9, 10. 
 
 Where alf"^ or iilnrirs necessary, 12. 
 
 In suits by bailiff on securties seized, 6. 
 PROCESS BOOK— To be kept by bailiff, 185. 
 
 And to be open to inspect ion, 185. 
 PROCEEDINGS— In action for Hooding lands, 23. 
 
 Irregularity in, practice as to, 236, 237. 
 
 Forms of. rules respecting, 238. 
 
 Revival of, on death, etc of party, 139, 140. 
 
 In transferred cases, 157. 
 
 Not to br defe.Mtcd by formal objections. 230. 
 PROMISSORY NOTES— Action on, when seized by bailiff, 13. 
 
 Given for gamblins debt ..r spirituous liquors, no juris- 
 diction as to, 233. 
 
 May be set forth in claim with reas.mable certainty, 
 
 255. 
 PROVISIONAL COUN'ITES and Judicial Districts-Rules and 
 
 Forms to apply to. 260. 
 RENEWAT^ of executicms. 112. 
 
 Of warrants of commitment, 204. 
 RENT— Landlord's claim for, 33. 
 REPLEVIN— Jurisdiction in. 
 
 Action of, how and for what to be brought, 39. 
 
 Parties to action not to replevy from bailiff, 40. 
 
 Where action may be entered, 42. 
 
 Grounds on which writ of may issue, 43. 
 
 Requisites of affidavit for, 43 (1). 
 
 No other action to be joined with, 43. 
 
 Proceedings when application made to Judge for order, 
 44. 
 
 " Summons In Replevin " to issue, 44, 45. 
 
 Claim in, requisites of, 4G. 
 
 Damages in, where plaintiff falls, 49. 
 
 When writ Issued without older, 50. 
 
 When distress for rent, and de^ndnnt succeeds, Judge 
 
 1, 
 
 I 
 
 L-iO'^. 
 
111 I 
 
 ! II 
 
 \ :| 
 
 II 
 
 J )I VISION COURTS ACT. 
 
 RKi'LEMy: -Coutinih'd. 
 
 or jury may find v.-iluo of goods distrained, 65. 
 
 If value less than rent, judgment to be lor val 
 
 ue, 65. 
 
 and defendant suc- 
 
 If rent less, judgment to be for 
 Where distress for iIhiihii/c ftitm 
 
 ceeds, 66. 
 Judgment in, in ordinary actions, 67. 
 Bailiff's duties In action of, 47, 54. 
 Bailiff's return of property eloignel, 53. 
 Writ of withernam to issue thereon, 54. 
 Powers and duties of bailiff when writ Issued without 
 
 order. 50. 
 When property concealed, 51. 
 Return of writ, where and how made, 5,3, 193. 
 Return of writ, to be endorsed with statement of 
 
 fees. 188. 
 Service of writ, 55. 
 
 Procedure when service cannot be made. 57. 
 Defendant may apply to have writ discharged, varied, 
 
 or modified, 58. 
 Defence in. 59. 
 
 Notice of, how and wh(>n to be given, 59. 
 Effect of w;mt of notice of, 39. 
 Judgment in. 59. 
 By default, 60. 
 
 Damages exceeding $2 to be assessed, 60. 
 Defendant m.-iv pay damages into Court, 61, 02. 
 Formal pleadings not necessary. 63. 
 Jury in, may be required when value of goods exceeds 
 
 $20. 64. 
 Bond in, bailiff to take, 46. 
 
 Wh-n delivered tip to be cancelled, action to be 
 discontinued, 62. 
 
 Names of sureties to be given in return to writ, 
 53 (r/). 
 
 RETURNS— To be made by bailiff to Inspector, 147 ({). 
 
 To be made by clerk, to show disbursements. 147 {<i). 
 
 To be made by clerk, to Lieut.-Governor, 147 (//). (/). 
 
 To be made by clerk, to inspector, 176. 
 
 T-) be made by clerk, to Provincial Treasurer. 177. 
 
 T) be made by clerk, to County Attorney. 178. 
 
 O, bailiff, to be laid before Judge at each Court, 179. 
 
 [. 
 
 
 1 
 
 '5'1 
 
INDEX. TO UKVISKI) Itri.KS. 
 
 265 
 
 > 
 
 liKTVR^ii—CoiiliuH,',!. 
 
 Of conimittjils, tu be niiule by clerk to insix-ctor, 1S1. 
 Under sections 103 and 104, to be ma-le to clerk by 
 
 whom wrocess Issued, 124. 
 Of Executions, 185. 
 
 To be made in thirty days, 185 ('A. 
 When sale abortive. 185 (.'/). 
 'I'o be endorsed with statement of fees, 187. 
 Of summons when not served in time. 190. 
 Of Writs of Replevin anil Warrants of Attachment to 
 
 be endorsed, with statement of fees, etc., 188. 
 To be made by bailiff to clerk at each sitting of Court, 
 
 193. 
 Disposition of such return, 193. 
 Memo, to be endorsed thereon, 194. 
 REVIVING JUDGMENT— During lives of parties, 139. 
 On change by death, etc., of parties, 140 00. 
 When husband entitled or liable to execution for or 
 
 against his wife, 140 (/>). 
 When party entitled to execution against assets in 
 
 future, 140(c). 
 Or to execution against joint stock company, or public 
 
 officer, or person representing company, 140 (/). 
 After six years, 141. 
 REVIVING PROCEEDINGS— After death of party, 143. 
 
 On special summons where judgment not entered by 
 clerk in time, 123. 
 RULES AND ORDERS— When to come in force, Rule 1. 
 SCHEDULE— Of clerks' fees. (See Tariff). 
 Of bailiffs' fees. (See Tariff). 
 Of appraisers' fees. (See Tariff). ' 
 Of witness fees. (See Tariff). 
 SATISFACTION OF JUDGMENT— Party making, entitled to 
 
 have same entered, 256. 
 " SECURITY COVENANT "—Defined, 2 (20). 
 SECURITIES FOR MONEY— Action on, when seized by bailiff 
 
 under execution, 13. 
 SERVICE— Of papers on either party at address left by him with 
 clerk, 241. 
 Of papers on application for new trial, 173. 
 Of motion for judgment, 130. 
 Of summons, 16, 156, 183, 192. 
 

 260 
 
 DIVISION COUH'i'S ACT. 
 
 HERY ICE- Com inued. 
 
 Of process from foreign Court, 154, 156, 292. 
 Of interpleader summons, 32. 183. 
 Of replevin summons, 55. 
 Of garnishee summons, 71. 
 Of ordinary summons, IG, IIG, 183, 192. 
 Of judgment debtor summons, 200. 
 Substitutional, wlien allowed, 20. 
 Of foreign corporations, firms, or individuals, 21. 
 In other divisions than one in which defendant resides, 
 22. 
 SETTING ASIDE PROCEEDINGS (see Staying Proceedings), 
 252. 293. 
 Application for, how made, 252. 
 SET-OFF— By attaching creditors where several attachments 
 issued, 28. 
 Notice of, to be sufficient notice of disputing claim, 
 
 104. 
 Judgment on, when balance found for defendant, 109. 
 May be lu-oceeded with though suit stayed, discon- 
 tinued, or dismissed. 111. 
 Notice of. liow to bo giver, 113. 
 
 When judgment for dcfendimt on. proceedings subse- 
 quent to, 127. 
 Pioceedings on. wht>re several defendants, some not 
 
 served, 210. 
 (See Counterclaim.) 
 SETTLEMENT OF ACTION— To be made with dork, 19S. 
 SEVERAL DEFENDAN'|-S— And all not served, 116. 
 
 Proceedings in actions against, 116, 120, 210. 
 Those not served may be struck out, 210. 
 SOLICITOR or agent entering suit entitle! to moneys paid in, 
 
 165. 
 SPECIAL .lUDGMENTS— 'l"o be prepared and entered by clerk, 
 
 138. 
 SPECIAL SI MMONS— May issue in action on securities seized 
 by bailiif. 13. 
 To issue unless otherwise ordered, 119. 
 Costs of ordinary summons when special warranted, 
 
 149 00. 
 Copy of claim to be annexed to. 150. 
 Service of (see Service), 16. 183, 192. 
 
INDEX TO llEVISKl) RULES. 
 
 2G7 
 
 SPECIAL SUMMONH— Coji^'wiifrf. 
 When returnablo, 16. 
 
 If not served in time, new warnings to be adiled, 190. 
 (Ste Summons.) 
 SPIRITUOUS LIQUORS drunk in tavern or ale-liouse, 233. 
 STATUTE OF LIMITATIONS— Defence of (see Statutory De- 
 fence) 115. 
 STATUTORY Dt^FENCE— Notice of, to be sufficient notice of 
 disputing claim. 104. 
 Notices to be given in cases of, 115. 
 STRIKING OUT defendants wlien some not served, 210. 
 (See Amendment and Change of Parties), ?07. 
 SUBSTITU'i'IONAL SERVICE— (see Service). 20. 
 SUDS'l'ITUTING PAR'i'IES (see Amendment and ChauK*' of 
 
 Parties). 207-231. 
 SUITORS' MONEYS— How and when payable, 217. 
 Unclaimed, clerk to make return of. 178. 
 SUMMONS— How issued in action on securities seized by bailiff, 
 13. 
 Where defendants resi.ie in different counties, 15. 
 Where leave granted under section 83, 14. 
 Service of, IG, 156, 183, 192. 
 Concurrent, may issue in certain ^ases, 15. 
 When substitutional service of allowed, 20. 
 Ordinary, to be issued in action for lioodiiig lands, 23. 
 When returnable, 16. 
 
 Service of, on foreign corporation.., firm:-, cr indivi- 
 duals, 21. 
 For service in division o'her ibnn that in which de- 
 fendant resides. 22. 
 Notice on. as to change of venue, 24. 
 Life of. 25. 
 Renewal of, 21. 
 
 Amendment of, when special instead of ordinary is- 
 sued, 26. 
 Special (see Special Sum'^^ons), 140. 
 Liuties of bailiff as to service and return of, 183. 
 Procedure when not . rved in time, 190. 
 Concurrent— May issue when defendants reside in dif- 
 ferent counties, 15. 
 In replevin, 41. 45. 
 In rerU'Vi?!. service of. 51*. 
 
 
 Si: 
 
268 
 
 DIVISION COURTS ACT. 
 
 In ! 
 
 h. I 
 
 SUMMONS— 0-»^-(»f,v7. 
 
 In replevin, return of, 53, 54. 
 Alias or Phiries, 12. 
 Against judgment debtor (see Judgment Summons), 
 
 185, 193. 
 In interpleader (see Interpleader). 32. 
 SURETIES— Report as to, to be made to Judge at every Court, 
 
 179. 
 SURVEY AND MEASUREMENT of subject of action may be 
 
 ordered, 258. 
 TAXATION OF COS'I'S, 174. 
 TARIFF— Of officers' fees. 
 Of witness fees. 
 Of appmisers' fees. 
 TENDER— Pleji of, to be deemed notice of defence, 10 J. 
 
 Money paid in or not to b • paid out (unless plaintiff 
 
 accepts) until alter judgment, 170. 
 Costs awarded defendant tu be deducted therefrom, 170. 
 Clerk to notify plaintiff of payment in, 171. 
 (See Payment into Court). 
 TIME OF OPERATIONS OF RULES (1st July. 1894), Rule 1. 
 TIPPLING DEBT— No jurisdiction for, 233. 
 TORT- -Ordin.'iry summons to issue in action of, 10. 
 TRANSCRIPT OF JUDGMENT—']',, be prep:ired by clerk, 134 (?)). 
 To be entered in Procedure Book, 134 (</). 
 Proceedings subsequent to, 134, 135. 
 Not to issue where proceedings abated, 135. 
 Not to issue in cases tried until after fourteen days, 130. 
 Money made under, how payable, 248. 
 To another Division Court (see Index of Forms). 
 TRANSFERRED CASES— Proceedings in, 157. 
 TRIAL— New, how application made and disposed of (see New 
 Trial), 283, 284. 
 Putting off before sittings, 281. 
 In attiichment (see Absconding Debtor), 27. 
 Change of pla^e of. notice on writ as to, 24. 
 By jury (see Jury), 156. 
 
 Power of Judge to nonsuit :n jury cases, 27!i. 
 Of cases not conclude! by Judge's failure to give 
 
 judgment under section 144, 27t;. 
 Procedure where action pending in other Courts for 
 same cause, 278. 
 
INDEX 'in UKVISKD liLl.ES. 
 
 2GL» 
 
 s), 
 
 rt. 
 be 
 
 I 
 
 1 
 
 iff 
 
 0. 
 
 w 
 
 TRIAL LISTS— To be prtpared b:- clerk, 154. 
 Requisites of, 105. 
 Form of, 155. 
 TRUSTEES— May sue without joining persons beneficially in- 
 terested (st-e Executors), 100 {b). 
 UNAUTHORIZED Forms and Proceedings— Not to ^ )d, 242. 
 
 Forms or boolcs in use may be use 1 witl aiip; val cf 
 Judge, 242 0/). 
 UNCLAIMED MONEYS— List of to be sent to County .attorney 
 
 under uath. 178. 
 UNDERTAKING OF NEXT FRIEND (see Infant), 235. 
 VARIANCE (see Amendment), 207-231. 
 VENUE]— Notice on writ as to change of, 24. 
 
 WARNINGS— On summons in actions on securities seized by 
 bailiff, 12. 
 On special sunmions, 13, 190. 
 (See Index of Forms). 
 WARRANTS— How 1o be printed, 132. 
 
 Of commitment, duties of bailiff in executing, 187. 
 Requisites of, 203. 
 
 How and when renewable, 204, 205. 
 Payment on arrest under, 206. 
 WATERCOURSES AND LINE FENCES— Appeals under Acts 
 
 respecting. 320-338. 
 WITHERNAM— Writ of, in replevin, where goods eloigned, 54. 
 WITNESS— Fees of, to be taxed by clerk according to scale, 291. 
 Affidavit of disbursements may be required, 291. 
 Tariff of fees. 
 WORDS. IN PERPRETATION OF— 
 " The Act," 2 (1). 
 Party. 2 (2) 
 Person, 2 (3). 
 Executor, 2 (4). 
 Administrator, 2 (3). 
 Singular number to include plural, 2 (5). 
 Masculine fo include feminine, 2 (5). 
 " Home Court," and " Home Division," 2 (7). 
 
 Sworn, 2 (6). 
 Affirmed, 2 (6). 
 Declared, 2 (fi). 
 
 " Foreign Court " and " Foreign Division," 2 (8). 
 "Judge," "Clerk," and "Bailiff." 2 (9) 
 
 $ 
 
 n 
 
 ^MUfit. 
 
mi 
 
 lii 
 
 270 
 
 DIVISION COURTS ACT. 
 
 WORDS, INTERI'JIETATION 0¥ -Coiitinua!. 
 
 " Plaintiff," 2 (10). 
 
 " Petitioner," 2 (11). 
 
 " Defendant," 2 (12). 
 
 " County," 2 (13). 
 
 " Tlic Claim;' 2 (14). 
 
 "Process," 2 (15). 
 
 " United Comities," 2 (13). 
 
 " Court," 2 (16). 
 
 " Cleiir D.a.ys," 2 (17). 
 
 "Judgment," 2 (18). 
 
 " Order," 2 (19). 
 
 " Security Covenant," 2 (20). 
 
 " Goods, chattels and property," 2 (2l'». 
 
 " Agent," 2 (22). 
 
 "Folio," 2 (24). 
 
 Interpretation Act of Ontario, and clauses of Judicature 
 Act to apply, 2 (23). 
 
 "Contested Case," 289. 
 
 "Note of Hand," 233. 
 WRIT OF SUMMONS (see Summons). 149. 
 
 !ts:i: 
 
 ili li 
 
 It 
 

 AN ACT IIELATING TO THE DIVISION COUIITS. 
 
 HER MAJl^STY, by and with the advice and consent of 
 the LegishUive Assenibly of the Province of Ontario, 
 enacts as follows: — 
 
 1. Section 75 of The Division Courts Act is amended by |,«;;|;- *;t:|.- 
 adding tliereto the following sub-section: — inncudod'. 
 
 (2) XothinL' in this section shall confer or be deemed to Division 
 
 ^ ' " ••Ti'i 1- Ciimts not 
 
 have conferred on a Division Court lurisdiction to grant m-to^rant 
 
 „ , injunctions 
 
 junctions in cases otherwise withm the competency oi the 
 Court. 
 
 9. AVlioro a judgment has been recovered in an action 
 in tlio Division Court, which, bnt for the enactment of the 
 5th section of cha])tcr 1-f of GOth Victoria, now sub-section 
 2 of section *<U of Tlie Division Courts Act, could not have 
 been recovered in the Division Court, the Court or Judge 
 shall not commit the debtor to gaol upon or in connection 
 with a judgment summons where a judgment debtor could 
 or would not have been committed to gaol u[)on or in re- 
 spect of a judgment recovered in a liigher Court, or upon 
 or by reason of an examination upon a judgment summons 
 issued upon sueh last mentioned judgment. 
 
 .ludniuent 
 
 smiinions 
 
 wlicii'iiiin- 
 
 cipal iind 
 
 inti'vest 
 
 suc'ii for 
 
 seim.raiuly 
 
 M'k 
 
 *J. Sub-sections 2 and 3 of section 2-17 of The Division Roy. f5tat.^ 
 Courts Act are hereby repealed and the following substituted sub-is. 2, is.' 
 
 .,..,, •' ^ ^ 5, repealed. 
 
 Ill lieu tliercot: — 
 
 li! 
 
 (2) If he attends and refuses to be sworn or to makeCoinmittai 
 
 ot ludg- 
 
 answer to such questions as may be put to him, and which "^ent 
 in the opinion of the Judge are proper questions. 
 
 n 
 
iiM 
 
 i.r ' 
 
 272 
 
 DIVISION' conn's .APT. 
 
 ''■iiiiiiiittiii 
 
 of 
 
 jK^.torior ''"^1 the l(,ll,.uii,o- siihsdiutod in Jiei, tjicreof: " 
 
 o. Jf it n,.,K.n. (Iml th. i,H],nu.nnl..l.,<.r luul, wlu.n or 
 ^m- jn,lo.nK.nt was ,,l,,,i,H,.-| ,.,,i„,^ ,,i,,,^ ^,, 
 
 ^■'^'''' '''-'-''■•<! '''nli.y to ,..v,lM.,M.,o,..l,,,n. 
 ^ •'■-->.• I.Moi„siMlHu.nis wind. ,1,0 ('on,., . 
 
 o, m\i^K'<-(nl,o,.,v!lH. sain. asonl,,,Hi; 
 thoJm]-cMnny. iri,,, tl.inkslil, ordcM-sud, m.>hv- i i 
 
 ::r,:::::;i'::;;;™:-:;:''-7"^':'--';:;:,:';; 
 
 liov. Stat. T« t< 1 • 
 
 ^:.!- i/"' ,Vet i; t m"""" \'"' ""'"'^ ''' "^ ''^''^- '^'vision Courts ^ 
 an.na.,. Act .. Jk.,v1>.v a,.,.,,.!,.! I.v adclii,. the .ollowino. ,heret< ':-- 
 
 " ^^"'^' ^^'^' ''I'l'Jit'iitioji „!' either i,..rfv „.;n • 
 
 Si't.;;t5,:t:;;::;;,,r', f-r ~ 
 
 tpn,,< ., . l> H • 1 • ^ ''"*■■" ^^'^'^'i" ii"on t^iieli 
 
 ujjiib a.-, iie thinks reasonable." ^ 
 
 llcv. staf. ^» -t 1 , . 
 
 ■■'■ ■^"' '^ """■' ' ''.V •■"l-li"K ll,nv,„ ,1,. ,„ll„„ i„. p'ol,:- ' 
 
 ' ', ;."' '"■ '"''""■""■ '"^ '"■■"■'--"I "-ilhi,, „„„ , ,„„t| 
 to,, ho s„t„„s „f „,, ,i„n<.,,.l .So..i„ns of ,1,0 l.o.,„, , 
 
 Itov. Stat. 1^ c 1 J • 
 
 a.nemied. ^^i} ^\ct IS amended I.j addino' jliereto fho f,ji • 
 
 proviso: ""-icro tiie iollouiticr 
 
 "Provided that whore the Jnd.ro fn,•l^ to imfJfv +1 
 
ACT IJtLATlNU TO DIVISION* COURTS. 273 
 
 .sittings of lliG Cicneral Sessions of the IVaco, tlic inspector 
 may li\ the time and place for considering the application 
 niid notify the Judge and sherid' accordingly." 
 
 .S. Sections .'} and 4 of this Act shall not api)ly to claims, Aivi.iica- 
 
 ,. , , , , ,. , ■ tioiiof Act. 
 
 suits or in-oceetungs upon del)ts contracted helorc the pass- 
 ing of this Act. 
 
 a. Xo suit or action shall lie l)rought in tln^ l^ivision ,^''J'y",\ 
 <'ourt upon any judgment, decree or order for the piiy>ii^'»"'t j;{"','''K|^^tjO^' 
 of nioncv made hy the IIii,di Court or, the County Court, o''';"i"-'«''or 
 
 •■ •J r^ »' Courts. 
 
 where execution may issue u])on or in respect of such judg- 
 iiU'Ut, di'croe or order. . 
 
 r 
 
 ft' 
 
 DC. A 18 
 
 a 
 
I I'llli 
 
 Attacli- 
 niunt of 
 iiioiiuyH ill 
 the IkiiiiIh 
 of the 
 frown. 
 
 Ser\ ice of 
 
 «<lllitllL'C 
 
 older. 
 
 H ! 
 
 I 
 
 i 
 
 AN ACT «KS1>K(T1X(J Till-: ATT AC ' 1 1. MK XT OF 
 MONEYS IN TIIK HANDS OF TilF C'UOWX. 
 
 TTKK >^^AJFSTV, 1)y .iiid uilli tlu' iidvicc and cou^vut of 
 J-i. the Legi.^lativo As.^cnilily of the rrovinoe o( Ontario, 
 enacts as follows: — 
 
 1. ^loney !)ayalil(' hy the Crown as represented hy the 
 J'rovinee of Ontario to any jierson, and money wliidi is ae- 
 crning dne or wliich is alxnit to l)eeonie payahjc hy the Crown 
 as aforesaid, or by any of tlic Departments of tlu' piil)lic 
 service of Ontario, or hy any ])erson acting f„r and on iK-half 
 of Her ]\Iajesty the (^icen in the Covernment of the Pio- 
 vince of Ontario, wlietlier the same is ])ayal)le or about io 
 become payal)le for wages or salary of any ])erson employed 
 in the public service or nnder contract or agreement with the 
 Crown or with any rul)lic Department as aforesaid, or other- 
 \vise, shall Ije subject to attachment for debt due by the 
 ])erson who wouhl otherwi.se receive the same, in the same 
 manner and to the .same e.xtent as money in tlu' hands of, 
 or jiayable by, or abont to become ijayabU- l)y any person in 
 the Province of Ontario, anything in any law, usuagv or 
 custom to the contrary notv.itlistanding. 
 
 3. The delivery to the Treasurer of the Province, or to 
 any officer employed in his Department, of a eopy of the 
 garnishee sunnnons or order or writ of attachment, or other 
 process issued out of any Court in the Province of Ontario, 
 shall be a sufficient service of such garnishee summons or 
 order or writ of attrrhment or other i)rocess. 
 
 ■ 
 
 I 
 
AN ACT TO PHOVIDE VOll TITK UATiXISlIMKXT OF 
 TIIK 8AI.AKIKS OF CIVIL SFKVAXTS. 
 
 HKll ^lA.IKSTV, l)y and with tlu" iidvitc aiul con^ont of 
 tlio I.cgifilativo Asseiubly of ilio rrovinco of Ontario, 
 t;i)aets as follows : — 
 
 1. The word " eniployoe " when nscd in tlii^ Act shall 
 for the purposes of this Aet mean an olhcor, clerk or nies- 
 senfrer or other employee of the (iovernment of the Province 
 attached or lielonginc; to the departmental stalf of th<> Civil 
 Service of Ontario at the seat of (iovernment, and sliail also 
 include the ollicers, clerks and employees of the Government 
 of the Province attached or belonging to the otlices of the 
 Courts mentioned in section 32 of Tlie Ontario Public Ser- 
 vice Act. 
 
 Interpro- 
 tutioii. 
 
 Rev. Stat, 
 c. 15. 
 
 ;«x»» ' A 
 
 . or to 
 of the 
 
 4 
 
 
 SS. Where a debt or money demand, not being strictly creditor 
 
 may 
 
 a claim for damages, is due and owing to anv party from an (iflmisii 
 
 , -111 money 
 
 employee, either on a ludgment or otherwise, and a del)t is "wins hy 
 due and owing to such emi)loYce from the Crown, the iiarty tivii 
 to whom the hrst mentioned debt or money demand is so 
 due and owing (hereinafter designated tlie creditor) may 
 recover in the manner herein ])rovided any debt due or owing 
 to the employee from the Crown, or sntlicient thereof to 
 satisfy the claim of the creditor, subject always to the rights 
 of other parties to the de])ts oAving from the Crown. 
 
 Jl. The creditor may serve a notice personally on tlie Mpy serve 
 Treasurer of the Province or on the Assistant Treasurer, or Provincial 
 on some officer ajipointed by the Treasurer to receive the 
 Fame, specifying the nature of the claim, and showing the 
 name and residence of the employee and the nature of his 
 occupation in Tie service of the Crown; and the service of 
 such notice npon the Treasurer or Assistant Treasurer shall 
 liavc the effect, subject to the rights of other parties, of at- 
 taching and binding in the hands of the Treasurer all debts 
 then owing from the Crown to the employee, or sufficient 
 
 ! 'I. 
 
 i!i il 
 
 i^^ 
 
■.%. 
 
 .^. -'^^ 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 I.I 
 
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 1.8 
 
 lA. IIIIIJ.6 
 
 PliototTODliic 
 
 Scmces 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 5^ 
 
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 ■*5| 
 
 
27() DiVlSKJX C(JL'11'!S ACT. 
 
 tliereof to satisfy the claim of the creditor, to the same ex- 
 tent as a garnishing or attaching order issued by or I'inmii a 
 Court of law. 
 
 Treasurer 4. After service of a notice, as hereinhefore j)i-()vided, 
 m.me>Hiui'. the Treasurer shall, when the creditors claim is a judgment, 
 retain all moneys then owing from the Crown to the em- 
 ployee, or suHicient thereof to satisfy the judgment, and a 
 ])ayment into Court or to the creditor, or where an execution 
 is in the hands of the sherilT or haililT, then to the sherilT 
 or bailiff, of the amount due to the em])loyeo, or of the 
 amount due and costs unsatisiled on the judgment, shall be 
 a discharge to that extent of the debt owing from the Crown 
 to the omi)loyce. ■ . . . . ■ ' 
 
 Dispute 
 notice. 
 
 Wliero no 
 dispute. 
 
 Wliere 
 dispute 
 notice 
 filed. 
 
 ♦>. "Where judgment iias not been recovered for the claim, 
 the creditor, besides serving a notice on the Treasurer or 
 Assistant Treasnrer, as in section 2 is ]iro\lded, shall al>o 
 serve a co])y of such notice on the employee, together with 
 a memorandum recpiiring the em])loyee, if he disputes tlie 
 claim, to fde a disputing note with, the Assistant 'Ih'ea.-urer 
 within ten days from the date of service. 
 
 O. If no disjniting note is Hh'd. the Treasurer, on being 
 satisfied that notice has been served on the em])loyee, sliall 
 retain any moneys due and owing to such employee, and pay 
 the same or a suthcient jiart thereof to satisfy the creditor's 
 claini, subject to the provisions of the iUh section of this 
 Act. 
 
 T. Tf a note dis])uting the claim is filed, the Treasurer 
 may, with the consent of .ill ])arties, determine whether any 
 and what sum (if any) is due by the emi)l(>yee to the credi- 
 tor upon the claim, or he may require the creditor to bring 
 an action therefor against the em])l()yee, and in such ease he 
 shall retain any moneys due and owing to the employee to 
 abide the result of the action, or suflicient to ])ay any claim 
 and costs which may be recovered in the action against the 
 enijdoyee, jnovided stub action is promjitly ])rosecnted 
 to judgment. , - * 
 
 f 
 C 
 
 fi 
 v 
 e 
 
 11 
 
I 
 
 GARNISHMENT OF SALAKIES OV clVlI, SKItV ANTS. 
 
 277 
 
 JS. There :^liall l)e kept in tlie Treasury Department auTi-easiim- 
 attachment hook in which shall he entered the names ol'i.ook. 
 parties, the dates of service of notices, the statement ot 
 claims, and the amonnt, ii' any. due and owing to the em- 
 ployee at tlie time of service. 
 
 «. This Act sliall not a])ply to any debt contracted Ij^'-;!;;;^';','''!'-;,^^! 
 fore the passing hereof, nor to any debt \\hw\\ does not t^v- ^^^l^^i'J;""- 
 ceed the -um of $"-ir), and then only to the extent of the 
 excess, nor where the amount due to the employee does not 
 exceed ^--i'), and then only to the extent of the excess, unless 
 where such last mentioned debt was contracted for board 
 or lodging. See Act of ISU, also c. 156, s. T, 11. S. (_). ISOT, 
 also Division Court Act, s. 180. . ■ 
 
 lO. Nothing in this Act shall authorize the bringing <n' ^y^°^:;;^;>j 
 maintaining of a suit against the Province or tiie Govern- '^"^• 
 Ui.'nt or Treasurer thereof without the iiat of the Attorney- 
 Cleneral, first had and obtained in accordance with the pro- 
 sent practice. 
 
 11. This Act shall come in force on the first day of^^^^ 
 ;Mav next. 
 
 Com- 
 
 eiice- 
 luentofAct 
 
 :«' 
 
 i 
 
 hemg 
 
 EXEMPTIONS. 
 
 The following are the exemption clauses, and have re- 
 ference to executions from Division Courts, as well as other 
 Courts: — 
 
 " 2. The following chattels are hereby declared exempt 
 from seizure under any writ,, in respect of which this Pro- 
 vince has legislative authority, issued out of any Court what- 
 ever in this Province, iianiely: 
 
 ' 1. The bed, bedding and bedsteads (including a cradle) 
 in ordinary tise l)y the debtor and his family; 
 
 " 2. The necessary and ordinary wearing apparel of the 
 debtor and his family; 
 
 'ii- 
 
 >, i'i 
 
m 
 
 278 DIVISION CUl'Il'J-S ACT. 
 
 '• 3. One cooking stove with pipes and furnishings, one 
 otlier heating stove with i)ipes, one crane and its appendages, 
 t>ne i)air of andirons, one set of cooking mcnsils, one pair of 
 tongs and shovei, one coal scuttle, one lanij), one table, six 
 chairs, one washstand with furnishings, six towels, one look- 
 ing glass, one hair brush, one comb, one bureau, one clothes 
 press, one clock, one carpet, one cupboar'\ one ])rooin, 
 i,welve knives, twelve forks, twelve plates, twelve tea cups, 
 twelve saucers, one sugar basin, one milk jug, one teapot, 
 twelve si)oons, two ])ails, one wash tub, one scrul)bing brush, 
 one blacking ])rusli, one wash board, tliree smootliing irons, 
 all spinning wheels and weaving looms in domestic iise, one 
 sewing maeJiine and attachment"5 in domestic use, tlTIrty 
 volumes of books, one ax, one saw, one gun, six tra])S, and 
 such fishing nets and seines as are in common use, the articles 
 in this su])-divisiou enumerated, not exceeding i)i value the 
 sum of $150. 
 
 '"4. All necessary fuel, meat, fish, flour and vegetables, 
 actually provided for family use, not more than sutlieient 
 for the ordinary consumj)tion of the debtor and his family 
 for thirty <hiys, ami not exceeding in value the sum of $!(•; 
 
 '''■). One cow, six sheep, four hogs, and twelve hens, in 
 all not exceeding the value of $T."), and food therefor for 
 thirty days, and one dog; 
 
 '' (). Tools and implements of or chattels ordinarily used 
 in the debtor's occupation, to the value of $10(»; 
 
 '*' 7. Bees reared and kept in hives to the extent of 
 fifteen hives. 50 Y. c. 10, s, 1. 
 
 tat 
 
 s| 
 
 
 i 
 
 
 I 
 
 lliii 
 
inns, ono 
 liciidages, 
 ic pair oi" 
 lal)lo, six 
 one look- 
 le clothos 
 3 ])rooiii, 
 tea cups, 
 e teapot, 
 ng In'usli, 
 11 g irons, 
 use, one 
 ic, tliTrty 
 raps, and 
 le articles 
 ^alue tlie 
 
 i^getaliles, 
 suflieient 
 is family 
 II of •Hid; 
 
 ' liens, in 
 'refor for 
 
 irily used 
 
 extent of 
 
 DIVISION COURTS 
 
 AND 
 
 LIMITS OF THE RESPECTIVE DIVISIONS 
 
 DISTRICT OF AL(;()MA. 
 
 l,--8aull Ste. Marii — lioiinded west by Thunder Bay 
 district, .S.Mli ])arallel of west longitude, and east by Barr 
 Jfiver, including all the islands in front. 
 
 2. — Bruce ]\lines— IJounded west by Barr river, and 
 east by tlie westerly boundary of the townships of Thcssah)ii 
 l?iver," Kirkwood, Bridgeland and llougbton, and by said 
 boundary line of the hist three named townships, produced 
 nortberly. 
 
 3.__Tlie-sah)ii— r.ounded west by tlie westerly boundary 
 of ilif townsliiiis of Tliessalon Kiver, Kirkwood, Bridgeknd 
 and Jloiighton, and tlie boundary line of the last named 
 three townships, jiroduced northerly, and on the east by the 
 eastern boundary of the township of Sprague, produced 
 northerly. 
 
 1.— Webbwood— J^ounded on the west by the boundary 
 line between the townshi[)s of Sprague and Lewis, produced 
 north to the northern lioundary of the district of Algorna, 
 tlienee along the northern boundary of the said district, 
 thence south along the eastern boundary to the waters of 
 Lake Huron, thence westerly along the southern boundary 
 of the district of Algonia to a point opposite the boundary 
 
 111 
 
 m 
 
 m- 
 
 
 i q 
 
 I 
 
280 
 
 JJJVIMOX (-'(JUKI'S ACT. 
 
 line l)c't\vocii the to\vnsliii)s ol' Sprague and Long, tlionce 
 northerly to the said las-t-numtioned boundary line, tlifiu-r 
 easterly along the said southern boundary line of the t<»\\]i- 
 shi}) of Sprague to the jdaco oi' Ijeginning. 
 
 land. 
 
 (i. — ]\'i(liard",s J.andiiig — C'onsisliiig of St. Joseph's is- 
 
 COUNTY OF J} RANT. 
 
 ].— r.rantford— Tiic city of Jirantford and that ].nrt of 
 the townshij) of ]'>rant not ineluded in the other divisions 
 hereinafter deserilied. The townships of Onondaga and Tus- 
 earora, and tliat part of the townsliip of Brantford lying 
 south of the :\rain road from Brantford to Ilamilton \}v\ 
 east of Fairchild's Creek. 
 
 2.— raris— The town of Paris and that part of S.niili 
 Dumfries west of tlm line lu'tween lots 18 and in, and that 
 part of the i\r>^ eo'-ossion of the townsliii) of r.rantf-.nl 
 lying west of a coij..nuation of the last-mentioned line. 
 
 3.— St. George— The remainder of the townsliip ..f 
 South Dumfries and of the iirst concession of the township 
 of Brantford. 
 
 4. — Burford — The ten northerji concessions of (ho 
 township of Burford, and that part of the "^nd, 3rd, Itii and 
 .■)th concessions of the township of Brantford, west of the lino 
 Ijctween lots mnnhers 10 and 11, and that portion of tlie 
 Kerr tract west of a continuation of the last-mentioned line 
 
 5.— Scotland— The township of Oakland, the four south- 
 ern concessions of the township of Burford and lots nund.crs 
 1 to 5, inclusive, in the ranges east and west of the Mount 
 Pleasant road, in the township of lirantford, adjoining the 
 township of Oakland. 
 
i.iMirs OF riiK KKsrixTivi: divisions. 
 
 •281 
 
 (or.NTY OF JilirCK. 
 
 1. — Wiilkertoii — Tlio town oi' Walkcrton and townsliii* 
 of Carric-k, and all the towiii^hip of J'.raiit, t^oiith (-f tlic liiu' 
 Ix'twt'cn the lllli and J"-ith concessions in lots up to Xo. •3"). 
 and south ui tlio line between concessions 9 and UK in lots 
 2() to .'M inclusive. 
 
 2. — Teeswatcr — The village of Teeswater, all the town- 
 ship 61' Culross, and that part o! the township of Ureonotk 
 hing south of the line between the 11th and I'^th conecs- 
 
 sions. 
 
 ;>. — Kincardine — The town of Kincardine and that part 
 of the township of Kincardine Ivinj:' south of a lino drawn 
 between the iUli and loth concessions. 
 
 •1. — I'aisley — The village of Paisley and that part of 
 the township of iJrant lying north of a line drawn between 
 the 11th an<l I'ith concessions of the township of r)rant. 
 
 'i'hat part of the township of Klderslie, exce|»t lots l'> 
 to 36, both inclusive, in concessions 13, 13 and 1 1 of said 
 townshi]), except so much of said tow-uship as lies south of 
 concession 12 and east of lot 2^^, and so niuch of the ttnvn- 
 ship of I'rant as lies noith and east of lot 2-). 
 
 All the townshi]) of (Jrcenock lying north of a lino 
 drawn i)etween concessions 11 and 12 of said townslii[). 
 
 Kots 2i) to ;)'■), both inclusive, in the Sth, [)\h. Kith, 11th, 
 T-^th, lIUli and 11th concessions of the township of Ilruce: 
 and that part of the township of Saugeen lying east of a line 
 between lots 2S and •<.'!», and south of the production of the 
 town line between the townships of Arran and Eldorslio to 
 the Saiigeen river. 
 
 0. — Port Klgin — All Saugeen townsbij) not included in 
 Xo. 4, all that ])art of the township of Ai'ran lying west of 
 a line between lots 10 and 11 and north of Arran Lake and 
 the outlet of said lake, and that ])art of the township of 
 
 'im 
 
 K 
 
 M 
 
 Hii 
 
 
n 
 
 282 
 
 DIVISION' COUHTS ACT, 
 
 Aiiialiel Ivinji- north of tlic lOtli coiiccssion and west of tlio 
 eastern boundary of, concession ( of Amabel, uiul tliu vil- 
 la-res of Port Kljrin and Southampton. 
 
 (1. — rndorw'ood — The villa<r(' of Tiverton, and that por- 
 tion of Kincardine to\vnshi|) north of a line di'awn l)et\vt'on 
 concessions !> and 10 in said township, and all the township 
 of JJrnee, except that part inchide(| in Xo. 4. 
 
 7. — Tnvermay — That i)art of the township of Kldcrslie 
 not included in Xo. 4, and that part of Arran townshTf) not 
 included in Xo. ."), tiiat part of the township of Amai)cl 
 which lies south of the <sth concession and east of concession 
 littt'i't'd (' 111 said townshi]), and the villaj^o of Tara. 
 
 S. — W'iarton — The village of Wiarton, tlio townsiii[) of 
 AH'Ciiiarle, and that ]»art of the township of Amabel lying 
 north of a line lietween the !'th aiui loth concessions. 
 
 !». — Kipley — All the towiislii[» (>{' irnroii. 
 
 10. — Lion's Jlead — All the township of luistnor, Lind- 
 say and Si. I'ldmunds. 
 
 11. — Liickiiow — The village of Liickiiow; all of the 
 township i)f Kiiiloss. 
 
 1-i. — Ciiesley — The village of Chesley; that ])arl of the 
 township of l-'dderslie lying east of the •^."ith side line and 
 M)Uth of the I'-ith concession of said township: all that part 
 of the township of Jlrant lying east of the 'i')\h side line and 
 iiorth of the IHh concession of said towushi]>. 
 
 
 COrXTY OF CAK'LF/rOX. 
 
 1. — Ottawa — ('oni])rising all the city of Ottawa, and 
 flio townshi]) of CJloucester, to lot lo, inclusive ; Rideau 
 front and concessions 1 to G, inclusive ; Ottawa front and 
 the islands in the Ottawa river opposite thereto. 
 
 I-- 
 
LIMITS OF THK KLSl'BTlVE DIVISIONS. 
 
 283 
 
 •^>. — Fallowfield — All the township of (Joulljoiini ; the 
 8th, '.'til and lOth conecf^sion!* of the township of Marl- 
 borough: all that i)ortion of the township of Xepean south 
 of the Kiver (ioodwood: and the 4th, oth and Cth conces- 
 sions thereof north of the same river to the boundary lino 
 between lots ^0 and 21 in the last mentioned concessions. 
 
 ^i. — c'arp — All the township of Huntley, and all the 
 townshij) of ^larch, except lots 1 to ,"), inclusive, in conccs- 
 .sions 1, 'i, o and 4 thereof. 
 
 4, — Fitzroy Harbor — All the townships of Fitzroy and 
 Torbolton. 
 
 5. — Kars — Ail the township of North (lower; Long Is- 
 land in the.Kideau river and ist, '.'nd, ;?rd, 4th, oth, (Uh and 
 Tth concessions of the township of Marll)orough. 
 
 G. — :\letcalfe — All the township of Osgoode ; the Oth, 
 Tth and 8th concessions Ottawa front and from lots l(i to IjC, 
 inclusiv', . of the Rideau front of the township of Gloucester. 
 
 ;, — ;MosgTove — All the township of Ne[)ean, except the 
 city of Ottawa, and the part of the said township lying south 
 of the Kiver (ioodwood, and concessions 4, 5 and north of 
 said liiver (Joodwood to the boundary line l)etweeu lots ;3t> 
 and '2\ in .-aid last mentioned concessions, and including also 
 lots 1 to 5, inclusive, in concessions 1, 2, 3, and 4 in the 
 township of March. 
 
 C'Ol'NTY OFDUFFEIUN-. 
 
 ]. — Orangeville — The town of Orangeville, the town- 
 ship of Fast Oarafraxa, and all that portion of the townshi[) 
 of Anuiranth lying south of the southerly boundary of lot 
 nund)er 20, in each concession of the township of Amaranth. 
 
 2. — Shelburne — The village of Shelburne, the township 
 of ;Mclancthon, and all that portion of the township of Ama- 
 ranth lying north of the southerly boundary of lot number 
 20, in each concession of the township of xVmaranth. 
 
 I 
 
 1 
 
 ^■i 
 
i \ 
 
 i 
 
 2tJ4 DIVISION (oritTs A< T. 
 
 ;{._Staiit..M— Tlic towiisliip "f Miiliiiur. 
 
 .|.— MnlK. MillH— I'Im- t-.WIlsllip or MnllO. 
 
 :,._(;,.;,!hI \'!illry— 'I'lic t..wn^lii|. nf I'iiist LlltluT. 
 
 roiNTV OK i:i.(iiN. 
 
 1. St. 'rii.Hiiiis — Till' t(i\\ii>liiii> "tf I'.iiyliiiiii. Miilaliiilc 
 
 jiiid South Dorclicstcr. 
 
 o _st. 'IMioiiiiis— The tow ii>hiiis of Soiithwohl and Vnr- 
 iiioiith (except the city of St. Thoiniis). 
 
 ;{._Avlmer— Tlie city of St. Thoums. 
 
 1. Diittoii — The to\\n>lii|s of Ahlhoroii^h iiiid Ihin- 
 
 uieh. 
 
 cor NT V OK KSSKX. 
 
 1. — SiiiKlwieh— Town of SiiiKlwich iuid to\vii>hii' of 
 Sandwicli West. 
 
 2. — Amhei-stbur-r — Town of .\ndiersthur<r and town- 
 ships of Alden and Anderdon. 
 
 ;{.— Kinj-sville— The vilhi-r of l\in,i;s\ iHe, and all 'hat 
 ])art of tiie lownsliip of (loslield not inehided in J)ivi<i..n 
 \o. S. 
 
 .l._()xl(.y— 'I'he township of Colchester Sonth. and all 
 that ]iait (.f Colchester North -onth (d' the !»th concession, 
 cxclnsive of tlu' said coiu('s>ion and tlu' lots uii both sides ol" 
 .Maiden street. 
 
 ,^,._LeiUuinjiton— Townshij) of Meisea and villa.ire of 
 l^eajniiigton. 
 
 (;._p,c.ll h>ivt.r— The township of Rochester, the villa.ue 
 of P>ello l^ivcr, the first concession of the township of Maid- 
 stone, and all north of the Aliddle road in said township of 
 Maidstone. 
 
 J^ 
 
LIMITS ()i- Tin: itr.siT.f TiVK divisions. 
 
 28.- 
 
 T. — Windsor — Town of Wind-oi-, the (own of \Vii||<,.|v. 
 villc iiiid iill tliiit I'iii't (»r Siiiidwicli l'!;i-t north of the Tidliot 
 Slrc't't riin<,a'. 
 
 8. — Kssi'X — Tho iown of [•Isscx, nil thnt port of the 
 to\vnslii|» of Miiidstonc Ivin^' west (d' the lirst cnncossion ;ind 
 south of tlie Middle road ; so nuii-h of Sandwich East as is 
 south of ^Falhot stroot, infliidinj; tho lots on hoth sidis of 
 said street to Xos. 'MH> and ;5(»T; all of Colchester north of 
 the iMli concession, inclndin"-' said concession and lots on 
 hoth sides of .Maiden street, and all that ]tart of CJoslleld 
 lyini: noi'th of concession 0, and exlendinfj as far cast from 
 the limits hetwecn fJosdeld and Colchester as lot Xo. 12, in- 
 clndinif such lot in each concession n(»rth of concession T., 
 inclusive. 
 
 0.— r'ond)er— The townships of Tilhury West and Til- 
 Iturv Xortli. 
 
 of 
 
 COrXTY OF FUOXTKXAO. 
 
 1.— Xinrrston— City of Kin«,'ston, townships of Garden 
 Island. Wolfe Island, Howe Island and part of tho township 
 of l'ittsl)Mrg. 
 
 'i. — Kin<xston — Cataraqui, comprisin,tf tho township of 
 Ki:i«:ston and the villajje of Portsmouth. 
 
 •^- — Sydenham — Louo^hhoro', comprising' the townsliips 
 of Louiihhoro' and IJedford. . • 
 
 ^- — ^'erona — Verona, comprising the townships of Port- 
 land and Ilinchinhrooko. 
 
 ''"'• — Sunbnry — Sunl)ury, comprising tho township of 
 S.torrington and part of the township of Pittshurg. 
 
 T). — Sliarbot Lake — Comy.rising tho townships of Ken- 
 nohec, Ohlon, Oso, Parrio, Clarendon, Palmerston, Miller, 
 Xorth Canonto and South Canonto. 
 
 
 IMfl 
 
1 I 
 
 i l 
 
 286 
 
 Dfvrsrox c«»rRTs act. 
 
 rOT'NTV OK (;|{KY. 
 
 1.— Owen S..im,|— Tiie town of ()u,,„ s,„,,,,i ,, ., 
 
 !r::,':n;;:;:;:.--"- -" ^'^ -;-'-:;• 
 
 • IN llu. 1st, an,l ,„„| ,•,,,] <,„„,,,„•„„, .„„„, „, "' 
 
 <■-""»,.'.,. i.r,«,., in, ,,, ,,, ,;,,, „,„, ,, , „;^, ', ; 
 l'«rt of ,1,, |o„„sl,ip of .Vor,„„n|,v hi,,,; <w „ ,T „ 
 
 1.1... III., 1,1,, ,.-„,,, |,;,|,, KM, ,„„1 ,,s,|, .,,n.,...-io„. 
 1 c ownslnp of ,M,.n..W. ,.„,,,,!i,„ ,„„, ,,o,,io„ Ivi,,,. 
 
 .'M ol (1,0 1,,,,. I„.tw,.,.„ I,„, ,„ ,„„, ,, |„ II ' ■ "'- 
 
 \\t>r or tilt' lino Jic ucon the (ith nn.l -ti, • " "^ 
 
 <wuyt::f;::,::t;!::n,,rr::;^'!:i:-'^^ 
 
 to the Toronto .n<1 ^ i , ^ '"^' '>''"- l'"'''i^^^'^ 
 
 between lotr 30 /i'';"''"" '''''^ '^"^^ ^^-^^^^ ^^ the lino 
 of the Bnrha. Jn^ T -"--si. nnd 3 .nth 
 
 ^ai<l r>urhain road ml >, ' ' '"'' ^ ""'^^' ^^ ^^o 
 
 road, and thoso portions of concessions 7, 8 
 
^m 
 
 LIMITS OF TIIK iMlSl'Ef TlVE DIVlSKi.N.S. 
 
 28" 
 
 i«l, (li,. vil. 
 I'l't'l. Sai'ii- 
 
 )^Vll^||ip of 
 Hi'iilinck, 
 the town- 
 >ts ;{() and 
 c Diirliam 
 -' Diirliain 
 '> in con- 
 'oof. Tliat 
 liiu' ))t'- 
 i'tli. loth. 
 Mccssidiis, 
 ion Iviii;; 
 '^tli. i»tli, 
 
 tTl'df. 
 
 Iiip of St. 
 ■^iii lyiiiij: 
 ons, and 
 
 and the 
 
 liat part 
 
 ")tl! con- 
 
 l.'{. and 
 
 <'st lialf 
 •wnsliij) 
 para Hoi 
 lie lino 
 ^ south 
 of thp 
 IS 7. 8 
 
 and !> lyiii^' cast <»f tlic niiip's of lots paralU'l with the To- 
 ront( and Svdi'iihani road, and those portions of concessions 
 10. 11, \'i, I'.'t and 1 I lyinj; cast of the line between lots 00 
 luul ;m. 
 
 »!. — Chatsworth — The township of Sullivan and llie 
 township of IloHaiid, exec 'iii^ tho.-e i)ortions of eoncessions 
 !>, 10, 1 1 and \2 lying soiitli of the line ])etween lots lo and 
 K), and those ])ortions of concessions 7 and S west (if the 
 ranges of lots lying ])araUel with the Toronto and Sydeidiain 
 road, and the ranges oi lots lying ])arallel with the Toronto 
 and Sydeidiani road, and sonth of the line l)otween lots .')!» 
 and al. 
 
 t. — Hanover — All the lots from 1 to 'M), inclusive, in 
 the tliree concessions soiitli, and tiie tlirec concessions nortli 
 of the Durham road, in, the sr.ld township of Hentir.ck : i'lid 
 all tlic lots from I to lo, inclusive, in tlie I'^tii concession. 
 from the 4th io ,the 15th concessions, inclusive, of the said 
 township of lk'ntincl<; and all the lots from 1 to W, inclusive, 
 in ail the concessions from 4 to IS, inclusive, in tiie town- 
 ship of Normanl)y aforesaid. 
 
 S. — Markchde — All the lots from ol to i;{0, inclusive, 
 in all the concessions i)arallel to (and being north-cast and 
 south-west) of the Toronto and Sydeidiam road, in the 
 townships of Artemesia, CJlenelg, and Holland aforesaid. ; all 
 lots to the westward of the dividing line between lots 30 and 
 31, in all the concessions from 10 to 14, inclusive, and all the 
 lots from 1 to 5 in the Tth, 8tli and 9th concessions, inclu- 
 sive, which lie to the south-west of the 3rd concession, south- 
 vest of the said Toronto and Sydenham , road, in the said 
 township of Artemesia ; all the lots, from 1 to 1"^, inclusive, 
 in concessions 5 and 0, and the lots from 1 t(^ L"), incb'sivc, 
 in the concessions from 7 to 12, inclusive, in the townshin of 
 lMi])hrasia; all lots south of the allowance for road between 
 lots 15 and 16 in the 0th, 10th, 11th and 12th concessions, 
 and from lots 25 to 30, inclusive, in the 7th concession, and 
 lots 28, 29 and 30, in the 8th concession of the said township 
 
 m 
 
 .(■;■ 
 
 f 
 
 <!J(I 
 
DIVISION C(n UTS A<l'. 
 
 of lloUaiul; and all the lots lying- cast of the allowance for 
 road between lots 10 and 11,, in all tlic concessions form 7 to 
 IT), inclusive, in the said towiishi|» of (ileiiclg. 
 
 ('OIXTY OF JIALDIMAM). 
 
 j_ — Caledonia — All ihc townships of Seneca exc'cpt the 
 first and second conces:*ions, llie Yonn«r tract, and the ])ro- 
 ! citv of tlie late h'ichard ^lartin, and the late IJoht. Weir; 
 all the townslii|t of Oneida, excepi liie (irst ran^u'c north (d' 
 the ('ayn<2a line: the Dennis tract and the lots sonlherly of 
 said tract. 
 
 '?. — C'ayni:a — The whole of the township of Xorth 
 <'ayu,i:a. except that piorlion tliereof lyin^- norti>-east of side 
 line Ix'lween lots It? and lo; the iii'st and second concessions 
 of the township of Seneca, excejitiiifj that ])ortion thereof 
 lyini;- north-east of the side line lietweon lots \'i and i;!; the 
 ^'iinniT tract and the lands of the late K'oheii Wi'ir a'il the 
 late liicliard Martin. i''s(|nires: the iirst lanic of Onei(hi and 
 JiDiih of Cayuiia Hue: also tlie Dennis t act and I'iver h)ts 
 lyin^f south. 
 
 ;"). — T)iinnvi!le — The townships of Monlton, Sliei'hrooke 
 and Dunn, inelndinir the vilhiLic of Dnnnville. 
 
 -1. — liaiidiani — The lownshi] s of South Cayuga and 
 Ifaiidiani. 
 
 5. — Canhoro' — The Towiiship of Canhoro', and tliosc 
 portions of North Cayuga and Seneca not included in the 
 other divisions. 
 
 (!.— darvis — Tlie townshi}) of Wali)ole. 
 
 COFXTY OF IIALllUimjX. 
 
 1. — ]\Iinden— The townsliip of Ohnnorgan and Snow- 
 <len, oxce])t tliat portion of hoth included in the ;h-d division, 
 
 I lii!: 
 
LIMITS OF THE IlESPECITVE DIVISIONS. 
 
 280 
 
 and all of ilic townships of Snowdeii. Lutterworth, ^liuflou, 
 Anson, Stanhope, liindon, Shorbournc and ]\[cC'lintock. 
 
 2.— llalibnrton— The townships of Dysart, Guilford, 
 ITavelock, Livingston, Lawrence, Eyro, Ilarhurn, Dudley, 
 Ilaroourt, Bruton, Clyde and Nightingale, and th'^t portion 
 of .Monmouth not included in the 3rd division. 
 
 3.— Ursa— The township of Cardiff, the township of 
 Monmouth (except lots 1 to ]9 inclusive) in the 13tli, 14th, 
 ir)th, 1f)ili and nth concessions; the south 13 concessions of 
 the township of Glamorgan, and from lot 31, inclusive, to 
 tne eastern houiulary in the south six concessions of Snow- 
 den. 
 
 Xorth 
 
 and 
 
 COUXTY OF HALTOX. 
 
 1. — Milton — All the territory comjirised in the new sur- 
 vey of the township of Trafalgar, and the first ten lots in 
 concessions 1,2,3,4,5 and G in the township of Esqucsing, 
 and the first five lots in concessions 7, 8, 9, 10 and 11 in said 
 township. 
 
 2.— Oakville— That part of the township of Trafalgar 
 known as the old survey. 
 
 3.— Georgetown— All the rest of the territory com- 
 prised in concessions 8, 9, 10 and 11 in the township of Es- 
 quesing not comprised in the first division. 
 
 4.— Acton— All the rest of the territory comprised in 
 concessions 1,,2, 3, 4, 5 and 6 in the township of Esquesing. 
 
 5.— Nassngaweya— The township of Nassagaweya. 
 
 6.— Burlington— The township of Kelson. 
 
 D.C.A. — I'J 
 
 h 
 
 !!■ 
 
 , : .,j 
 
ihlHi 
 
 290 
 
 DIVISION COURTS ACT. 
 
 COUNTY OF HASTINGS. 
 
 l._T,c'llovillo— To cnin])riso the city of IMlevillo and 
 tlu> lo'wiisliip of Tluirlow. also all tiiat portion of the to\v]i- 
 thij) of SidiK'V lying- soutli of tho Sth concession, and cast 
 of the line Letween lots IS and 1!». 
 
 3._Sliannonvillc— The township of Tycndinaga, ex- 
 cept tliat part called Deseronto. 
 
 4. — Tweed — The township of llungerford. 
 
 :,. Stirling — All that part of the township of Sidney 
 
 which lies to 1)ie north of the Sth concession, and to the east 
 uf lot No. (I in each conces>i(in north of the Sth concession, 
 and all that ]>art of the township of Eawdon which lies to 
 the south of the !»th concession, and thai part of the town- 
 thip of llnntingdon south of the (itli concession; also Idock 
 A and lots 1, 2, o, 4, 5 and (! in the Sth and iUh concession^- 
 of the township, of Sydney (heretofore foi'ming part of the 
 •.^nd division), together with all that poition of the township 
 of Sidnev Iving north of the Ith concession, ajid east of the 
 line hctwccii lots (! and 7. 
 
 (;_ — ^Mad'.e — The townships of ^ladoc. Tndor, Limerick, 
 excepting that ]iart lying north of the HMh concession, and 
 also that part lying west of lot 'i.") in the ditVerent conces- 
 sions sontii of the 11th coy)cession of said township, and in- 
 chiding all that ])art of the townshijt of Huntingdon north 
 of the (!th concession of said township, the townships of 
 Klzevir, Grinisthorpe, Cashel, excepting that part of Cashel 
 lying north of the KMh concession (d' the >aid township. 
 
 7. — Deseronto — Tiie village of Deseronto. 
 
 !).— Trenton— The town of Trenton, and all that part of 
 the townshi]) of Sidn(\v which lies to tho west of lot 7 in 
 each of tho concessions of the said township, including ^lill 
 Island. Also, all of said township of Sidney lying south of 
 the Sth concession and west of the line hetween 18 and 10, 
 end east of the line hetween lots G and 7. 
 
LIMITS OF THE HICSI'ECTIVE DIVISION'S. 
 
 villo and 
 ho towji- 
 and east 
 
 iiaga, cx- 
 
 )!' Sidney 
 I) the cast 
 )iU'ossioii, 
 ■li lios lo 
 :1k' towii- 
 dso blork 
 )ntH'ssi<)n:3 
 iii ol' the 
 to\vnslii[> 
 ast of tho 
 
 liiincrick. 
 ision. and 
 It concis- 
 p. an.l in- 
 h)n ni)Ttli 
 iislii])S (tf 
 of Cashel 
 ishiji. 
 
 lat ])art of 
 r lot 7 in 
 idin<r ^rill 
 f sontli of 
 8 and 10, 
 
 10. — ^Marmora — 'i'lie townsliips of Mannora, Lake, and 
 all that |)art of the township of J{a\\(h>n which lies to tho 
 north of the Sth concession. 
 
 11. — Maynooth — The to\vnshi])s of Ileixhell. Mom 
 eagle, Cai-low, Uaiigov, Wicldow and Mc(!;i:e. 
 
 ^2. — rnil'raville — The townships of Wollaston, l-'ara- 
 day, Dungannon, ^layo, and all tliat part of the township of 
 Cashel lying north of the Kith concession of said townshi]-), 
 and all those parts of tlie township of Limerick lying north 
 of the Idth concession, and west of htt No. '.'o in the several 
 concessions cf the sairl townsliiit of Limerick. 
 
 COrXTY OF IILT^OX. 
 
 L — (Joderich — ('oin))risiiig that part of tlie township of 
 (ioderich to the north of the Cnt Line and the Hnron 1^5ad 
 nntil the same meets the road allowance hetween the 13th 
 and 11th concessions : then 1)ack along the Ilnron road to 
 its junction with the Cnt Line: then west hy tho road allow- 
 ance hetween concessions 11 and \'l to the l\iver ^Faitland; 
 then along the River ^Nfaitland to (ioderich, together with 
 the townshi]) of Colhorne. 
 
 -• — Seaforth — Comprising the township of ^FcKillop, 
 the town of Seaforth, and all that jmrtion of the townshiji of 
 Tuckersnnth not included in the third division, south of the 
 Mind line hetween the Tth and 8th concessions of the said 
 township of Ilullett. 
 
 .'). — riinton — Compi'ising the township of TTnllett; that 
 jiart of the township of (ioderich not included in Xos. 1 and 
 7; 1st, 2ml, ;?rd and 4th concessions, township of Stanley; 
 1st and -^nd concessions, township of Tnekersnnth, L. IL S., 
 north of lot 15, and that ])ortion M'ost of side road between 
 lots 25 and 2fi, XL I?. S., and town of Clinton. 
 
292 
 
 DIVISION COURTS ACT. 
 
 - 
 
 4. — Bnissi'ls — Coinprisinfr tlio towii^hip of CIroy; all of 
 the townshij) of ^klorris oast of side road Ix'twcon lots Xos. 
 ]0 and 11 (which is not included in Xo. 1'^), and the village 
 of Brussels. 
 
 5. — Ivxcter — Cnniju-isinj,' the township of rshornc and 
 Stephen, and ilie villa>:e of Ivxeler. 
 
 0. — Diin<;annon — ('oiiiprisiii.u- the townships of Aslifield 
 jind West Wawanosh, e.\cei»t that poriion east of Maitland 
 river., 
 
 7. — T^.ayficld — Coni])risin,<i: the township of Godcrieh 
 south of Cut Bine and Huron road until the same joins the 
 road hetween the 12th and 1-lth concessions of tlie township 
 of (Jodericli; thence alon<i' the said coiu-essions until the 
 same joins the B'iver B.ayfield; all Stanley rot included in 
 munhcr ;>: and the villaf,^e of Bayfield. 
 
 S. — Winf^ham — Comprising the village of Wingham, the 
 township of Turnherry; all that part of East Wawanosh not 
 iiiclu(K'(l iu \o. 1'2, and all the township of Morris not \n- 
 eluded in Xos. 4 and 12. 
 
 i). — "Wroxeti'r — Comprising the townshi[) of Ilowick and 
 the village of AVroxeter. 
 
 10. — Zurich — Comprising the townsliip of TFay. 
 
 11. — Crediton — Comprising the township of. Stephen. 
 
 12. — l)lyth — Commencing at the north-cast angle of the 
 township of llullett ; thence sonthei'ly along the easterly 
 houndary of tlie said townshi[) of llullett to the hlind line, 
 between the Tth and 8th concessions of said townshij); thence 
 westerly along said line to the western houndary of the town- 
 ship; thence northerly along the westerly houndary of the 
 township to the Maitland river at the south-eastern corner 
 of the ]\raitland block; thence along the said river northerly 
 till the western boundary of East Wawanosh is reached; 
 thence northely along said westerly boundary to the road 
 
 i 
 
 ,£ 
 
 -n 
 
 y 
 
 - -SWi i. i n>, 
 
LLMITS OF THE IJESrECTIVE DIVISION'S. 
 
 298 
 
 running between the Gtli and 7th concessions of said town- 
 fliip of Kast Wawanosli; thence easterly along said road to 
 tlie easterly limit of said township; thence northerly along 
 the gravel road to the road running between the 5th and 6th 
 concessions of tlie township of ]\[orris; thence easterly along 
 paid road to the line between lots 10 and 11; thence south- 
 erly along said line between the Gth and 7tli concessions; 
 thence easterly along said line to the line l)etween lots ]5 
 and 10; thence southerly to tlie boundary line between the 
 townshi])s of JMorris and Ilullett; thence easterly to the place 
 of beginning, including the village of Jilyth. 
 
 COl'XTY OF KENT. 
 
 ]. — Chatham — The first division to consist of the town 
 of Chatham and that part of the townships of Dover East 
 and West to the soutli of the 12th and loth concession lino 
 of tlie townshi)) of Hover East; and that ])art of the town- 
 shi]) of Chatham south of the 12th and KUh concession line, 
 and west of the side road between lots 12 and 13, from the 
 first mentioned 12th and 13th concession line to the 5th and 
 (ith concession line, and all south of the said 5th and Gth 
 concession lino, of said township ; that part of the township 
 of Harwich north of 5th and Gth concession line, by the 
 eastern boundary ; that part of the township of .Raleigh 
 nortli of the IGth concession to the west side road between 
 lots 12 and 13 north to the Gth and 7th concession line, 
 and all of the said township north of the said last mentioned 
 line, and that part of the township of Tilbury East north 
 of ilio -Itli concession. 
 
 Ji. — Kidgetown — The second division to consist of that 
 part of the township of IFoward south of the 2nd and 3rd 
 concession line by the eastern boundary (known as the Bot- 
 any Road), and that part of the townshi]) or Orford south of 
 the loth and 11th concession line of said town>liip. 
 
 |: 
 
 'I 
 
294 
 
 DIVISION COURTS ACT. 
 
 ! 
 
 I i. 
 
 3._Prc?(lcn— The third (livi:>i()n to consist of all that 
 part of tiio (lore of Caiiulon lyinji west of tiie 10th and 1 tth 
 concession line, and that part of the township of Camden 
 lying west of tlie side line hetwcen lots C and 1; the viUage 
 of hresden: aii<l tliat part of the township of Chatham north 
 of tlie ."itli and (ith concession line and cast of the side road 
 between lots Iv^ and i;5. 
 
 4_ r.lenlieim— The fonrth divisi(ni to consist of that 
 
 ]mrt of tlie lownship of Harwich south of the :)th nmcessicm 
 of the eastern l)oimdary. and south of the ;}rd concession by 
 the western ])oundary, and that part of Waleioh south of the 
 l.-)th concessi(m and east of the side road between lots 12 and 
 i;5. iind the road to the lake shore through lot 1 IT. on the 
 Talbot road. 
 
 :,._Wj,lliU(burg— The fifth division to consist of the 
 village ol' Wallaceburg. the Core of Chatham, and that ])art 
 of tlie township of Chatiiani northwest <d' the 12th and loth 
 concession line and west of the said road between lots 12 and 
 ]:?, and that part of Dover Kast lying north of the 12th and 
 i;5th concession side road. 
 
 (1. — ijotbwell— The sixth division to consist of that part 
 of tlie township of Howard north of the [)otany road afm-c- 
 said. ami of that part ol' the township of Orford north of the 
 loth and lltli concession line, the township of Zone, tlu' 
 town of r.othwell. the village of Tlianiesville. and that part 
 of (he (iore of Camden cast of the Kuh and 11th concession 
 line, and that part of the township of Camden east of tlie 
 i«ide line betwt'cn lots (i and 7. 
 
 7. — Fletcher — The seventh division to consist of that 
 part, of Tilbury Fast south of the ;5rd concession, the town- 
 shi]) of Komney. and that part of the township of Ijaleigh 
 south of the (ith and Tth c.)ncession line and west of the side 
 road between lots 12 and i:) in the said township, and the 
 road throngh lot,l-lT on Talbot road. 
 
LIMITS OF THE IIESPECTIVE DIVISION'S. 
 
 CUIWTY OF LA^llJTON. 
 
 2l>o 
 
 1. — Sarnia — The external Ijoiiiidarics of the township of 
 Sarnia and the town (tf Sarnia. 
 
 2. — Watford — The external boundaries of the townshi]» 
 of Warwiek, ineludini,' that portion of tlie village of Arkona 
 .•^oiith of tlie township line. 
 
 ;5. — Florence — The external boundaries of the townships 
 of Kupheniia and Dawn. 
 
 4. — Sonibra — The external l)i)undaries of the township 
 of Sond)ra. 
 
 ."). — l'\)rest — The external boundaries of the township of 
 riynipton. 
 
 (). — Thcdford — The external boundaries of the town- 
 ship of r>osan(juet, including that jiortion of the village of 
 Arkona north of the township line. 
 
 7. — ^fooretown — The external boundaries of the town- 
 ship of ^Moore. 
 
 8. — Pctrolea — The external boundaries of the township 
 of Fnniskillen. 
 
 i). — Alvinston — The external boundaries of the town- 
 shi]) of lirock. 
 
 I'M 
 
 i"A 
 
 COrXTY OF LAXAmv. 
 
 1. — Terth — The townshi])s of Druniniond, r)athurst. 
 South Sherbrooke. IJiirgess North, and that ])art of tlie town- 
 fhi]> of Fdnisley Xorth, north of the T^ideau river, within 
 the county of Lanark and west of lot Xo. 12 in each con- 
 cession. 
 
 2. — Lanark — The townshijjs of Lanark, Dalhousie, 
 Darling, Lavant and Xorth Sherbrooke. 
 
 I 
 
296 
 
 DIVISION COrilTS ACT. 
 
 ;5 C'avlcton riaco — Tlie townsliip of Bockwith, and tlio 
 
 first six lots ill the lirst seven concessions of tlie townsliip oC 
 Eainsay. 
 
 4,_Sniitirs Falls— The township of :Moiitaguo, and that 
 part of the to\vnshi|) of North Klnisley from lot No. 1 to lot 
 Nu. 1- ■•'■ i'"*'' eoncession, lioth inclusive. 
 
 r,._riikeiiliaiii— The township of rakenham. 
 
 (1. — Almonte — The township of Hamsay, with the excep- 
 tion of tlic first six lots on the (irst seven concessions of the 
 said township. 
 
 TNITKI) (Ol'NTIi-:S OF l.KJCDS AND (IRKNVILLE. 
 
 l.._l',,.ockville— To consist of the 1st, 2nd. 3rd, 4th, r,th, 
 fitli and 7th concessions and hroken front of the township of 
 Klizahethtown. and the concession roads hetween them. 
 
 o._-l>,vscott— 'i'o consist of the 1st, •^iid, :)nl. Ith and 
 5th coiues>ion<. and hroken front, and that ])art of the 0th, 
 Tth and Stli concessions from the town line of b'dwardshnruh 
 to lot No. IS. inclusive of tlie township of Aii,iiusta. and the 
 concession roads 1)etween them. 
 
 n.— (iananoqne— To consist of the 1st. ^iid. Hrd. Ith and 
 r)th concessions and hroken front of tlie townslnjis of Leeds 
 and Lansdowne. respectively, and the concession roads he- 
 tween them. 
 
 .1. — Kempt ville— To consist of the township of Sonth 
 Gower. the township of Oxford from the west side liiin of 
 lots Nos. 11 in all the concessions of the eastern hoimdary of 
 the townshi]). and the ,<:ore of land hetween South (Jower, 
 Oxford and l-]dwardshiirgh. 
 
 5. — IMerrickville — To consist of the township of Wol- 
 ford (exce])t the Tth and Stli concessi(»ns and the allowance 
 of road hetween them), lots Nos. 1 to 10, inclusive, in the 
 
LIMITS OF THE RESPECTIVE DIVISION'S. 
 
 2!)7 
 
 Ipt, 2n(l, ;Jr(1. Ith, -Mli, <;tli, ^lli aii<l stli roncossions of the 
 townslii]) of O.xl'onl, and the iiUnwaiU'c of voads williin and 
 1)et\\c'('n tlioiii. 
 
 (I. — Di'lia — To consist ol! the townships of r>i>^tard and 
 Uurgcss, and those i)arts of the township of Leeds and 
 Lansdowne, on the nortli side of the rear of the oth .con- 
 cession in each, respectively. 
 
 T. — Toledo — To consist of the townships of Kitley and 
 Mlni^'lev. 
 
 8. — Xewhoro" — To consist of the townsliips of Nortli 
 Croshy and South ('!'osl)y, 
 
 !». — Athens — 'I'o consist of that part of the townships of 
 Kscott and Yonj-e, in rear of th(> 1th concession of Yongo, 
 and in the rear of the 0th concession of Escott; that ])art of 
 the township of i'llizahethtown, in rear (d' the Tth concession, 
 and west of Id nnnd)er IH in the Sth, Dth, loth and lith 
 cfnicessions, and the allowances for roads end)raced therein. 
 
 10.— Spencerville — To consist of the township) of Ed- 
 ^vardshurg■. 
 
 31. — Xorth Au<iiista — To consist of that part of the 
 township of Au<;nsta. in rear of the 5tli concession and w^est 
 of lot No. IS, in the ()th, Tth and Sth concessions; the whole 
 of the iUh and, loth concessions of the township of A.igusta; 
 the (iore helween the townships of Oxford, Wolf rd and 
 An<>-nsta; that ])art of the township of Elizahethtown in rear 
 of the 7th concession, and east of the commons, hetween lots 
 X(). IS and 1!) in the Sth, iUJi and 10th concessions; the 7th 
 and Sth concessions of the tov. nship of Wolford; lots Nos. 1 
 to 10, inclusive, in the 9th and lOtli concessions of the town- 
 ship of Oxford; and the allowances for roads emhraced 
 tlierein, 
 
 12.— Caintown— To consist of the 1st, 2nd, 3rd and 4th 
 concessions and hroken front of the township of Yonjic; the 
 1st, 2nd, 3rd, -Ith, oth and Gth concesf ~nd hroken front 
 
 ii;' 
 
 !ii 
 
 9 11! 
 
 ;!i "il 
 
II I 
 
 2()8 DIVISION COURTS AC'i. 
 
 of the towiisliip cf l'>i"tt. and the iillowjinccs for ronds cm- 
 l»nu'i>(I therein. 
 
 The said 1st, '.'iid, ;5rd and I'-'th divisions sliall, respec- 
 tively, i-mhracr and c.mii.rciicnd witiiin llicir limits tiiuse 
 portions of thf U'ivcr St. Lawreiuc, and islands therein, 
 Avilhin the cxti'rior side lines of which sncii portions of said 
 river and islar.ds woidd lie and he, if such exterior side lines 
 were i.rodiiced and exteiidi'd in that direction to the utmost 
 Hunts of the Tntvince. 
 
 I 
 
 liii i 
 
 CorXTV OF LKNNOX AM) Al)l)IN(iTOX. 
 
 l._Xa|,nne( — The town of Xajtanee: townshi]) of llieh- 
 nioiul; all that part of North Krederiekshur-h and Ad.dphu^- 
 toNvn lyinjr north of Hay Uay; and all that part of Xorth 
 Frederiekshuri: lyin.ii' north of I'.ij: Creek. 
 
 y.__I',i,th— ('(.nil. rises 1st conces>ion of Kariu-stown, the 
 village of I'.atlu the townsiiip of Andierst Island, and tlie 
 ynd, ;ird and 111. concessions of tiie >aid township of Karnes- 
 town, from the west limits thereof to the west limit of lot 
 No. 21 in each concession. 
 
 ;5._A(|olplinstown— Townshii. of South Fredericks- 
 lmr<di and all that part of X<.rth Fredorickshur-h and 
 Adolphustowii not included in division Xo. 1. 
 
 4._{'nind(.ii l-last— 1st. ".'nd and :ird concessions of the 
 townshi]) of Camden aiul the villa,i:e «d' Newhur^'. 
 
 r,._Ci.)itrevilU — All that part (d' the township of Cam- 
 den not included in division X'o. 1. 
 
 0. Odessa — All that portion of the townshi]) of Krnes- 
 
 town, not iiu'ludeil in the linuts of division No. 2. 
 
 7._Tiimw()rth— Townshijis of Shellield, Kalada, An- 
 glcsea, Ahinger, Ftlin.Lduim. Ashhy and [)enhi«rh. 
 
 ■/ 
 
 4 
 
I-IMirs OF TMK UK.sl'KCTIVK DIVISIONS. 
 
 2!>ll 
 
 CorN'rV OK LINCOLN. 
 
 L — Niiifiiini — The town iiiid t(»\viisliiit ul' Nia<,'ara. 
 
 2. — St. Catliiiriiu's — Tin.' t(>\\iislii|t of (Jraiitliaiu (includ- 
 ing till' city (»r St. Catliariiii's, the villages nl' Meri'itou and 
 I'uit Dallioiisic), and the townsliij) ul' Louth. 
 
 o.— Snntlivillc — 'I'lio townships ol" Caistor and (Jaiiis- 
 hoi'ougli, and the !»tli coiucssioii of the to\\nslii]» (d' (Ji'inisby, 
 iiRluding the 1st and 'ind ranges as part ul thu said con- 
 cess iou. 
 
 I. — iieaiusville — The villagi's oj' (jiriinshy and P.eams- 
 ville; the township of Clinton and the township ol' (ii'inisl)y, 
 except the !>th concession and Jst and '-ind included as part 
 of tile said !»tli concession. 
 
 DISTRICT OF MANITOLLIN. 
 
 1. — (Joi'i' Uay — The town ol (iore Hay, the townships f)f 
 Cioi'don, Allan, Caniphi'll .Mills, Uurpee, Iiobiiison, Dawson, 
 the islands known as Cockhnrn, IJarrie, C]a])perton and the 
 Duck Islands, and that part of the townshij) ol JJillings lying 
 west of the road allowance hetwecii lots 1.') and 1(! in the 
 sevt'i'al concessions thereol' and so niiicli of the township of 
 Cai'narvon as lies west ol Lake Mindenioya and north of the 
 lino hetween the (itli and 7th concessions tliereof, 
 
 '2. — J.ittle Current — The town of Little Current, the 
 township of Ilowland, and those ])arts of the townships of 
 Sheguindah and Bidwell lying north of the line hetween the 
 Gth and 7th eoncessions of Sheguindah, and 4th and ."itli eon- 
 cessions of the townshi|) of IJidwell and tlie (Uh and 7th con- 
 cessions of the line hetween lots 17 and IS in the township of 
 Billings and the adjacent islands lying nortli and east ol the 
 said townshi])s, except the Clai)i)erton Island. 
 
 i#li 
 
 
 1 
 
 ». 
 
soo 
 
 DIVISION' CorilTS ACT. 
 
 3._;>riinito\vaiiin>r— TIh' to\vnslii|is of Apsifrinnrlc, Tch- 
 Ismiiiiiiili Mild SiiiKKicId, mikI those partrt of tli(> (ownsliip of 
 Slic;,niiii"liili lyiii,n- south of the line hctvccn the (itli and Tih 
 conrcssioiis of ;S|i(.Hiiiiidiili, and II h aii.l ."ilk concessions ..f 
 llic townsliip of i'.idwcil and tiic tit!' and Till concessions of 
 the Ic.wnship of IWllinjis to tlie line heiwceii , lots IT and iS 
 of said township, and the t(.\vnsiiip of ('anuirvon, except so 
 iiiiich of tile, same as lies west of Mindi'iiioya lake, and k ' that 
 ]mrt of .Manitoiilin lyinji east of the townsliip of Assiuinack, 
 :\lanitowanin,u' and South P.ays and the i^lands .adjacent 
 thereto. 
 
 C'OIM'Y UL' ^MIUDLKSKX. 
 
 l._London— 'Phat pari of the city of London lyin^' to 
 the we^i of Maitland street, with that portion of the town- 
 ship of London lyin^' south of the line hetweeii tlic itli and 
 :)th concessions and west of the sai<l street, produced north- 
 erly or a line i:i the same direction to the line lietweeii the 
 said -Ith and "th concessions, and willi that portion of the 
 township of \Ve>tmin>ter lyin-i west of the main road Icad- 
 in<r south from ('l.irk'^ l'>rid<;e across the 'riianus ; south 
 to tlie line hetwecn iiic ist and ^Iii 1 concessions; and westerly 
 to the line hetweeii lots 1-3 and i:?, and extendin-' n..rtherly 
 to the Jfiver 'i'hames; and also includiii;^' the villauv of Lon- 
 dmi West. 
 
 o._]',,rkl,ill— The villa«:es of rarkliill and Ailsa ( rai,<r, 
 the townships of Kast Williams and West Williams, an.l that 
 ])ortion of the town>hip of Lolio lyin.L;' north of , the line he- 
 tweeii the Jlth and T-Mli concessions; and east of the line 
 between lots luimhers l"i and i:?. 
 
 3.— Lncan— The township of .Mctiillivray and Biddulph, 
 and the' village of Lncan. 
 
 4.__lK.laware— The township of Delaware, with that 
 portion of the township of Westminster west of the line he- 
 twccn lots 30 and .31 in the second concession; then sonth- 
 eily on the line between lots 20 and '^1, to the southerly 
 
 s 
 
LIMITS or Tin: ijksi'kctivk i>i\ isions. 
 
 :;()1 
 
 limit of the towiisliip. in ludin^^ nil wont nl" snid liii", a?u1 aho 
 ilU'liidiiiii- till tliiit |Miitiuii of ilic rrniit of said lo\viislii[) nf 
 Wi'stiiiiiistci lyiii;^' west nl" llii' lino lu'fwt't'n lots niiiid)(>rs 
 43 Hiid i;i nut included in the first division; with tluu |ior- 
 tion of the to\\ns|ii|i of Caradoc lyin;; sonlh of tli-' line iic- 
 twccn the .'iiJ! iind (iih concessions, to the Ifiver 'riianies; 
 find with that portion of the to\vnslii|i of Loho lyi:)<j south 
 of the line, helween the (Ith and 'ih concessions, to tlie 
 Ifivor Thanies. 
 
 T). — (Jloncoe — The townships of Mkfrid and Mosa, in- 
 ohidin<;' the villaj>-es of "Wardsville, Xewlmry and (ilencoe. 
 
 G. — SIrathroy — Townships of Adelaide and "Metcalfe; 
 the town of Stratliroy, with that ])ovtioii of tlic township of 
 Caradoc lyinu' north of the line, hetween the Hi'd and Ith con- 
 cessions; Avitli that ]iortion of the townslii[) of T.oho which 
 lies north of the (ith concession, m-.d west of the line hetweeu 
 lots 12 and 1.") of the said township. 
 
 'if \, 
 
 a ("rai.tr, 
 
 md that 
 
 line 1)0- 
 
 tlie lino 
 
 i. — Dorchester Station — The township of Xorth Dor- 
 chcster, north and south (jf the JJiver Thames; that portion 
 of the township of West Missouri which lies south of the 
 lino hetween lots II and 15; and with that i)ortion of the 
 township of Westminster lying south of the line hetwei'ii the 
 1st and ^nd concessions, and east of the line hetween lots oO 
 and 31 in the second concession, and thence east of the line 
 between lots 20 and 21, continued south to the southerly 
 limit of the said townshij) of Westminster. 
 
 8. — Arva — All that ])()rtion of the township of London 
 which lies north of the line between the -1th and 5th eon- 
 cessions; that portion of the township of Lobo which lies 
 north of the line between the (Jth and 7th concessions, and 
 east of the lino between lots 13 and 13, to the line between 
 the 11th and 12th concessions, and with all that poition of 
 the township of AVest Xissouri which lies north of the line 
 between lots numbers 14 and 15. 
 
 i 
 
 U 
 
 I 
 
yo2 
 
 DIVISION COURTS ACT, 
 
 0. — London — Tliat juirt of tlio city of London lying 
 east oJ' ^liiitland strrct: liiat part of tlio towiis^hii) of London 
 lyinji" south of tlu' line lit'twi'cn the Ith and oth i-oncessions 
 and east of the said stri'ct, prodiieed iioi'therly or in a lino 
 in the same direction to tiie line Iji'twccn tlie said Itli and 
 cith concessions; and tliat ]iai't of the township of West- 
 minster lying- north of t!ie Vmv l)et\veen (lie 1st and 2nd 
 concessions, and east oi' the main road leading south from 
 Clark's bridue, aci'oss the Thauies. 
 
 DTSTRK'T OF :\rrSK()KA. 
 
 1. — iii'aceliridge — The vilhige of UraiThridge, and the 
 townships of ^iacaulay. .M(d-ean. iJidoiit. Monck and Card- 
 Mcll, coiu-essions L v, ;5, I. .'>, (;, T, S and !» in the townships 
 of Stephenson. i>rucc aud l''ranklin. and that pai't of tlu^ 
 Townsiiip (if Watt situated east of h)t 'i 1 . in the several 
 c(incessions thereof; and concessions T. S. !». Id. 11. ]•> and 
 ].;> in the townslii[)s of .^hlskoka and Draper. 
 
 2. — (Jravenhurst — 'I'he village of < Iravenliurst ; the 
 townships of ^lorrison, ]?yder and Oakley, and concessions 
 
 I, 2, ;i, -1. .-) and (I (d' the towii>hips of Mnsk ika and Draper. 
 
 3. — Tluntsville— The viUage of liuntsvine: the town- 
 ships (d' Stisted. Chall't'y and Sinclair: and concessions 10, 
 
 II, 12, i;? and 11 in the townships of Stevenson, lli'unel and 
 Li-anklin. 
 
 4. — Port Carling — The townships (d' Wood, ^ledora and 
 Ifuiupln'cy. and that part of the township of Watt situated 
 west of lot 31 in the several coiUH'ssions thereof. 
 
 DTSTRK'T OF XJPISSIKO. 
 
 L — Sturgeon Falls — To he com])osed of the townshi])S 
 of Springer, Lield, IJadgerow, Caldwell, Kirkpatrick, Hugel, 
 
 4 
 A 
 
 
LIMITS OF THE RESPECTIVE DIVISIONS. 
 
 303 
 
 >g 
 
 Jkattler, ])iiiiiit't, llagar and Apijk'by, aii<l all that part of the 
 district of Nipissiny which is situated west of tlie lino be- 
 tween the iiidiaiT reserve and the township of Widditield, 
 ]iro(hi(i'd noilh and south, to the boundary of the said dis- 
 trict and east of the eastern l)oundaiT of the fourth division. 
 
 2. — ]\Iattawa — To be composed of the townships of 
 ]\ratta\van. Oli'lu', Calvin. Pa])ineau, Lauder, Pentland, Boyd, 
 Osier, ^IcLaufiiilin, ('anisl)y. Sabine. Lyell. Airy. ^lurchison 
 and Robinson, and all that part of the disti'ict of Xijtissiuif 
 situated east of the line between the townships of Uonfleld 
 and Calvin, produced south to the ])i'ovisi()nal county of 
 ]laliburton. and eas. of the line between the townshi[)s of 
 Phelps and Olri.ii-, ]»ro(luced north to the Ottawa river. 
 
 3. — Xoi'th iJay — To be coui[)osed of the townshi])s of 
 Widditield, ^Lerrick, Mulock, i'hel|)s, Ferris, Chisholni, Bal- 
 lantyne, Wilkes, Uigiiar, J'axton, Butt, Devine, Hunter, Mc- 
 Craney. Finlaysoii, IVck. and all that part of the district of 
 >«'i]iissin^u- situated west of the line between the townships 
 of Phelps and Olriy, jirtxluced north to the Ottawa river and 
 east of the eastern boundary of iii'st division. 
 
 4. — Sudbury — To l)e composed of the townships of Me- 
 Kini, Xeelon, Dryden, Awivy, llaw'ey, Blezard, and all that 
 l)art of the district of Xipissing which is situated west of the 
 line between the said townshi]) of Awroy and the township 
 of lla<^ar, i)roduced north and south to the boundary of the 
 said district. * . 
 
 5. — Bonfield — To be composed of townships of Bonfield 
 and Jioulter. 
 
 
 
 COrXTY OF XOEFOLK. 
 
 1.— Simcoe— Tlic town of Sinicoe, the Oore of the town- 
 sliip of Woodhonse, and all that part of said townshi]) lyin,2: 
 west of the side lino between lots 5 and G, too-ethor with that 
 ])art of the 4th, oth and (ith concessions lying west of the 
 side line, between lots 18 and 13. 
 
i.!4 
 
 I 'i 
 
 804. . „ ,,i,, „t •ro«n.'«»l. .in.l 
 
 3._\Vi,ulU..m a-mc- ^^_^^ ^^^^^^ ^,^^, ,,,. 
 
 lage of m.ll.i- . n.i,,„.luUovmc. 
 
 7._Vai«vou«a-H. , .,,„rt P"vcv, a>"l "'■■'* 
 
 Till' viU"g>-' "' ' , i,„i ■„, llivi^ion 
 
 r"* <•* 'i'^' ';;:;;;;.'■* -^ ^'^ ^- ;•:• :: '-^ ^..t r^vt 
 
 costlc. . . ,,nd t"«« •'* ^"'^ 
 
 Hope. ■ j,,,,,„. il.mc.-:^. S""l" 
 
 5.__-Co^jourg--LoNM^ 1 
 

 LI.MITS (>l- THE REM'FXTIVE DIVISIONS. 
 
 liOo 
 
 \/l,lg\iaAU, 
 
 ml tlv.\t part 
 ,^f the si^i<^ 
 
 l.AN\) A^i^ 
 
 olvl ana Dnv- 
 
 :1 toNvn oi rovt 
 Manver.. BoutU 
 and loNvn of Co- 
 ,a •ai.a AlnNviclc. 
 
 7. — I'olbonie — Tuunshij* u[ I'ranialiu and vilhi-e of Cc»l- 
 l)orne. 
 
 S. — Uriglitoii — Townsliip of I>rigliton and village oT 
 JW'ighton. 
 
 « 
 
 !». — AVarkwoiili — 'rf)\vnsliii» of IViX'V and village of 
 Ila-liiigs. 
 
 1^*- — IVf^dor — ''I'own.iliiii of ^Furray. 
 
 11. — r'ain]»1iollf(ir(1 — Township of Seymour and village 
 of rnm])l)onford. 
 
 COUNTY OF OXTAEIO. 
 
 1. — Whiiln- — Including the to.niships of Whithy and 
 J'^ast "Whithy and the towns of Whithy and Oshawa. 
 
 2. — (ireenwood — The township of riekering. 
 
 3. — I'ort Perry — The townshi|is of Eeach and Scugog, 
 and the village of Port Perrv. 
 
 -1. — I'xhridge — 'I'lic lownships of Uxbridgc and Seort, 
 and the town of Txhridge. 
 
 5.— Cnnnington— The township of Broek and the vil- 
 lage of Cannington. 
 
 C).— P.eaverton— The township of Thorah. and all that 
 l^art of the townshii) of Mara lying south of the line, between 
 the 4th and oth concessions. 
 
 T.— rptergrove— All that i)art of the township of [Mara 
 lying north of the line between the 4th and oth concessions 
 thereof, and the township of Pama. 
 D,:.A. -20 
 
 Iff 
 
 ill 
 
 m 
 
 I 
 
 1 
 
30G 
 
 DIVISION COURTS ACT. 
 
 (•OlN'l'V <»!•' oXKOUl). 
 
 I' Wood-lock, 
 
 ;;irrrt:;:'::n::-- ..-..-- 
 
 Oxford. 
 
 ,._K,n1.vo-('o..,pnK. tin. .,.u-n.lu,. ..r\V..t Zov , .n,l 
 Fast Nissouri. 
 
 uic.h and South Nonvu-h ami the Mll.W 
 
 , Tn.^er«oll-Con>vvises all those i-tionsoEthe town- 
 
 .hivs of North Oxford and \U.t .^ .^\7\ ; ^,,,,,\,,,tions 
 ,Jm>tdivision;thoto.n<.fln, Ml. 
 
 of the 1st and 2nd con.ess.ons ol the t.nMV n i 
 ^vest of the middle toxvn line. 
 
 ■ . r,u. iown of Tilson^)nl>^ and 
 r Tikonhuv"- — ( oni])nse> toe tow n oi . , , i • , 
 
 n. — iusonnuif- 1 i^,i„i,.nn not included m 
 
 i the township ot l)tiH^'"i' uui 
 
 all that portion o 
 ilie fifth division. 
 
 DISTKKT OK rAHlJV SOlND- 
 
 towns 
 tl 
 
 1)0U 
 
 'vim, liolvvmi the. oast l..iini.liiry nf I""" "" . 
 
 i::;,*;,;; of Fo,.,,.™. ,vo.i,K,.,i .. .,,c vw, v,ve,-. 
 
LIMITS OF TllK IIHSI'KI TIVE 1)1 VISIONS. 
 
 801 
 
 =vfs 
 
 (l-liic-k, 
 •il. ami 
 car-l "1' 
 
 (' Staiiv 
 nf Ivast 
 
 KMin. 
 or .1 and 
 
 li. 
 
 the t<»\vn- 
 iprisf*! in 
 . nin'timts 
 1' l)iuliaiu 
 
 iburji, ami 
 ncUuled in 
 
 ul, and tho 
 in^'. and all 
 of tho ci^^*^ 
 
 (M'. 
 
 liar. t'n'H, 
 tho disirict 
 nd Ihc ^vo^t 
 vor. 
 
 3. — lio.ssoau — Townsliips oi' lluniplirey, Chrisitie, ^loii- 
 tc'itli and 'Jongcr. 
 
 -1. — Jiui'ku's Falls — Townships v'i Mc^Iurrich, Perry and 
 Armour. 
 
 •'>. — Maganetawan — Tlu' townsliips of Sponcc, C'lapnian, 
 liU'rs-on, Lount, Proudloot, JJctlumt' and Sinclair. 
 
 *i. — Comnianda — That territory bounded on the west 
 l)y the westei'n houndarif.s of townsliips of Pringle and I'at- 
 torson, and tlie western boundary of the township of I'attiM-- 
 son, ])roduccd to French river and Lake Xipissing ; on tlie 
 «ast by the eastern boundary of the district of Parry Sound, 
 iiTid on the south by tlie southern boundaries of ;he town- 
 ships of ITinisworth, Gurd and Pringle. 
 
 7. — Snndridge — The townships of Macliar, Laurier, 
 Strong and Jolv. 
 
 COUNTY OF PEEL. 
 
 .1. — P)rani])ton — Town of Brain])ton, township of Chin- 
 guacousy and northern division of township of Toronto (ioro. 
 
 2.— Cooksville — A^ilhige of Streetsville, township of To- 
 ronto, and southern division of townshij) of Toronto Gore. 
 
 3. — Galedon — Township of Galedon. 
 
 4.— l]olton— Village of Bolton, townshij) of Alliion. 
 
 COUNTY OF PEPTH. 
 
 ].— Stratfortf— To consist of all that part of the town- 
 ship of North Easthojie west of the line between lots 25 and 
 2G, and south of the road between the 8th and 9tli conces- 
 sions, and all that i)art of the township of South Easthopc 
 west of the side line, between lots ,2.3 and 2G; all that part 
 
 i 
 
 :!!.!' 
 
 
I 
 
 30S 
 
 DIVISION Cttl'lll'S Acr. 
 
 yiii 
 
 or the towi.ship ..!• huwnu- and (in,, north north and oast 
 of the concession lino, hotwoen the 10th and 11th conces- 
 sions and the Oxford road; and all the township ot IMu-o 
 from the 1st to the i;Uh concessions, inclusive. 
 
 2.— Mitchell— To consist of all that part of the town- 
 ship of Fullarton not included in division No. ;5, and the 
 townships of llihhert and lioyan. 
 
 3._St. :^lary's— To consist of that portion of the town- 
 ship of Downie west of the Oxford road, and soidh of the 
 concession line hetween the loth and 11th concessions ; the 
 township of lilanshard; all that jiart of the township of Ful- 
 larton coniprisin.u- the i;Uh and 1 tth concessions, and south 
 of a road leading from the Mitchell road, hetween lots 2-1 and 
 25, oast to lot a in the loth eoncession; thence east along the 
 lin'e hetween the loth and llth concessions to the town line. 
 
 ^.—Shakespeare— To consist of that ])art of the town- 
 ship of Xorth I-'asthope cast of the line, hetwren lots ■>:) and 
 2(i, and north of the Sth concession, inclusive, with the Dth 
 anil lOth concessions; all that i»art of the township of South 
 luisthope not included in division No. 1. 
 
 5._TkIilverton— To consist ot the township of Morning- 
 ton, and all that inirt of the township of Klnia from lots Xo. 
 AH to ;3, hoth nund)ers inclusive, (d' the 1st concession, and 
 from lots Nos. 27 to :W, hoth nund)ers inclusive, in and 
 from the 2nd to the ISth concessions, hoth coneessions in- 
 clusive, of the said township of Khna; and concessions 14, 
 15 and IT. of the township of KUice : and concessions llth, 
 12th, 13th and llth of the township of North Kasthopo. 
 
 fi._Li^jtowel— To consist of the townshi|) of Wallace, 
 and ad that i)art of the township of Kluia from the 1st con- 
 cession to the 18th concession, hoth concessions inclusive, 
 and comprising lots Xos. 1 to 52, hoth im-lusive, of the 1st 
 concession, and lots Xos. 1 to 2*;, inclusive, from the 2n(l 
 to the 18th concessions, hoth ccmcessions inclusive. 
 
LIMITS OF 'iiii; i!i;si'i;crivi: divisions. 
 
 :}0i) 
 
 (orxTv oi" ri:'rj:in'.()K()i(;ii. 
 
 1. — IVli'i'lioi'du^li — Col II [)( ).<(.'(! ol' the town ol' I'diT- 
 l)()i'(Mij:li, the vilhi^i' ol' Aslilniiiiliaiii, tlit' to\vn8lii[)s of Noiili 
 Mo]ia^''liaii and i'.'iinisiuorc, and all that ]iart ol' the towii- 
 shi|> of Harvey lyin<i' west of l'i,i:i'on lakt' and south oL' Uoli- 
 (ay^'eoii; and all the townshi]) ol' Smith lyinj; south of the 
 'th eoneessioii; and all tlu' tow ii.-lii|» of ()lonal)ee lyini: west 
 of the Stli ((Uicessioii and north of lot '^1 from the said Sth 
 (oneessioii to the western hoiindaiy of said t()wnshi|i of 
 Otonaliee ; and all the towiishi|i of Douro lyinir south of lots 
 nundxTod 11 ; and all that part of the township of J)unHucr 
 ]yin<i' south of lots ]nii]d)ei'ed 11 and Avest of the oth eon- 
 cession. 
 
 2. — Norwood — Composed of the townships of Aspliodel, 
 lieliiiont and ^U'thiien, and that jiart of the townshij) of 
 Dumnier lyinji' east of the Uh eoneessioii and south of loisj 
 numliercd 11. 
 
 .'5. — Keene — Composed of all that i)art of the township 
 of Otonahee lyini;- east of the !Hh eoneession; and all that 
 part of said township (d' Otonahee lying south of lots nuni- 
 hered 22 and west of the Sth eoneession. 
 
 4. — Laketield — Composed of all that part of the town- 
 i-hi|) (d' Smith lying north of the Gth concession; and all 
 that i>art of the township of Douro lying north of lots num- 
 herei. 10; and all that part of the township of Dunimer 
 lying north of lots mnnhered 10; and also of tlic village of 
 Lakelield, and of the township of (ialway; and all the town- 
 shi[) of Harvey, except that jiortion lying west of Pigeon 
 J^ake and south of Eoheavgeon, 
 
 5. — Apsley — (Anniiosed of the townships of Burleigh, 
 Cavendish, Anstruther and Chandos. 
 
 fi 
 
 UNITED COrXTIKS OF PKKSCOTT AND RrSSKLL. 
 1- — L'Orignal — Comprises the whole of the township of 
 
r 
 
 'l 
 St J , ^' 
 
 *'^Ssi^ 
 
 810 
 
 DIVISION L'ol ins A<T. 
 
 Lon.uouil, llu. .nuniciiuUity ..r tho village of l/Orignnl, a,ul 
 tho lii^t cM.iurssicn of tlu' K.wnsliil. d CaKMloiua, 
 
 o._Va,ikU'c"k Hill— {'(.inpriM's all that part of the town- 
 shil) of West llawkcshury. cxtciulinjr In.iii the In.nt (.f the 
 third (oiurssioii to tho ivar el' tlie said township. 
 
 ;;.— St. Kn^ui'iu — Coiiiprisos the wiiole uf the lownship 
 of Kast lla\vkesi)ury. 
 
 .l._riantaji-en"t— f'«>ini>ri>es tlie t(»\vn>hii) of North 
 riaiita«;-enet. and that i.ait of tlie towiishij) of south i'lau- 
 tafeiiel lyini;' north n\' the Nation river. 
 
 r,._('inid)orlaiid— Comprisin.u- the whole of the town- 
 sliip ol' ('innl)orlan(l. 
 
 <;.— h'ussell— roiiil»i'i>iiig tlu' whole of the township of 
 Ihipsoll. 
 
 :.— llawkeshiiry— C'oniprisii;:/ the two front eoneession^i 
 of the township of West llawkeshury, and the luuuicipality 
 of llawkesbury viUage, within tho same. 
 
 S._Fournier— Coniprisin.ii- tlie township of Cale(h)nia 
 (oxeoptinix tlie lirst concession of the said township), and also 
 that jiortlon of the township of South riantagenot lying 
 south and oast of the Nation river. 
 
 ()__\lf,.ed— ('"nipriscs the whole of tho townshii* of 
 Alfred. 
 
 ^(j, Clarence Crook— Comprises the whole of the town- 
 
 shij) of Clarence. 
 
 ll._( Irani— Comprises the wh(do of tho township of 
 
 Canihridge, 
 
 COUNTY OF PRINCM KDWAKD. 
 
 1._Pi(.ton— Tho town of Picton, tho 2nd and 3rd con- 
 cessions "Military Tract/' from the west lino of lot No. 1", 
 
 9M 
 
LIMITS OF I 111: ursi'F.ciiN r. mvishixs. 
 
 :ill 
 
 
 (•;i>l\\;ir(l; (ioiT "Mi "" ; l>t and ■.'ml ((iiict^sioiis iiortl' of tin' 
 Ciiirviiiu- I'lact" : 1st (■Mi)(ts>i()ii >niitli-ca.-t of tlu- carrviuLr 
 jihuc. and -.'11(1 (■i>ncrs>ii.ii ikuIIi of llhick fiver, iiicludin.ii' 
 (Jons •• K "" and •' I/" and McCaii (ions, all in tlu' to\vnslii|. 
 (if liallowcll: Idock •• i ■" tlir (•(.ncc^ion iH.rtli and cast <'f 
 l-:a>t lak.'. and (inrc " l> "in llu' t()\\n>liii> of Atliol, and 1st 
 and -.'nd coiRTs.^ions smiili of tlu* I'.ay of Quinte, and (ion- 
 "A " in the township (d' North .Maryslnirg', and Ut conoos- 
 sioii siinth-wi'st of (irccn point, to the rnd of Cariiiairs point 
 in Sopliiashnrg. 
 
 •>._:\Iilf„nl— The township of Sonth Mary>l)urjr, ui'.d 
 the xiutlu'in part of Atliol. connncncin.L;- at thi' onllol of Kast 
 lake, thence <lo\\ n to tli<' head of the lake, thence down to 
 the ha>e line hotween the l>t conclusion south and the 1st 
 {•onct's<ion north of i'la-t lake, till it strikes the township 
 line of llaliowcll. thence down >aid township line till it 
 striken South Maryshury. 
 
 :5. — Dciuorestvilk — 'I'he lown^hip id' Sophiashuri:. lo- 
 p'ther with I'.i.i;- Island, exct'pt in.u' the \>\ •■oncessioii south- 
 ue-l (d' (ircen's point to the end of Carman's point. 
 
 _1. — Ameliashuv,;:— All that part of the township of 
 Aniciiashnr^- lyin,^ east of the line hetweeii lots Nos. MG and 
 ST. in the 1st, t.^ii(l, .'ird and Ith concessions of said township, 
 ineludiiii;- Jlulf's Island. 
 
 :>. — Wellington — That ]iait of the townshii) of llillier 
 not included in the Tth Division also the ist and 'ind con- 
 cessions north of West lake, and west of lot No. T in the 
 said concession, and that part of Irwin ji'oro lyin;.!' north of 
 and west of lot Xo. T in the "^nd concession, and the west 
 pai1 of the "ind concession jirodiiced west of hits ]So. T4, in 
 tliat concession, in the township of llaliowcll. 
 
 n. — IMooinficld — Jilock (TV.) fonr, concession sonth side 
 of West lake, 1st concession " :Military Tract,"' Snd and Ih-d 
 concession of said tract west of lots Xo. 13 in those conces- 
 sions. Gore " E "' 1st and 2nd concessions north of AVest lake 
 
 
 :ll. 
 
 't:! 
 
T 
 
 iii 
 
 812 
 
 DIVISION col' IMS ACT. 
 
 and onst df lot No. (I in llio-c loiico.-iini- : tlic (it'rmw >^,)H' 
 and tliiit part (if Irwin ^lori' not iiirlinlr.l in hivisinn N'l. ".. 
 and all that jmrt (d" tin- "ind (•()n(('->inii iinidncrd east of '.mi 
 So. *.-) in the iownshiii df I lallowfll. 
 
 7. — Consccon — All lliiit part nf the tn\\ii>liip of Annlia-- 
 |iur<' Ivinir wi'st of the line between lots Nos. S(I and Si. in 
 the Ut, 2nd. ih-d and Itli ((ineessidiis of said town-iiip: all 
 that ])ai1 of the Itli and ")tli concessions of the township of 
 Ilillief west of the line hetween lot> No>. S(i ami Si. and the 
 third foncession west of the line hetueen lots \os. •.'•.' and 
 •^;{, with that part of the "iml t'oneession lyin,u' north of 
 rieasant Hay in the said to\\ii>hip of lliilicr. 
 
 S. — W'anpoo- — All the jioint \\\u<j: east (d' the we-t line 
 of ]\Iarshairs ^(ire, the eoiu-ession nmlh of SinithV hay 
 and Wanpoos Island in tlie to\\i)>hi|» of North Mary-hni'i:. 
 
 DISTKK T ()!•" L'AIXV 1J1\KK. 
 
 1.— K'al rorta<;e — That part (d' the district imnposcd of 
 the teri'itoi'y to the lunlh of the Minlh-easterly slnu'c of the 
 ],ake of the Woods, ami a line drawn in a noilh-ea>terly 
 direction from Ual i'ortaiic to the iioitli end of Lake Mani- 
 tou ; thence in an eastei'ly direction to the sonth end 
 of tlu' lake known as the lake where the rivei' liend~ ; 
 thence in an easterly diicetion to a point where the 
 said meridian of th(> most easterly pai1 of lliintei'> I — 
 land intersects the Canadian I'acilic K'ailway at the sonth- 
 wcst an;^ie of I law ke lake. 
 
 2. — I-'ort f'rancis — The territory lyin,i;' sonth and ea-t 
 of the Lake <d' the Woods, and of the said line. 
 
 COIXTV OK IJKNl'KKAV. 
 
 ]. — I'ombroke — ( 'omprisiiiif the town of Pendjroke. liie 
 townships of Pembroke, Statl'ord, Alice, Petewawa. l»n- 
 chanaii, Polith, AVylie, .McKay, Fraser, Jlerd, Clara and 
 
i.i.Mns oi' iiiK HHsi'i:' iivi; iuvisiuns. 
 
 8m 
 
 ^rnriii, mill all tluit piirt of tlio towiisiiip (»!' WilluMl'.rcc fnnii 
 tlio JSth to tilt' ".'Mil ((iiici'ssioiis, Ixiih iiicliisivc; ami alr-<> 
 all those parts of tlu" 1 itli, l.".tli, Kith ami ITth oonccssion^i 
 of the same to\viislii|> of Wilhcrforcc lying noitli of Siiako 
 river and (■a>t of Lake l)on'. 
 
 o. — Hcai'hhiir;;- — Coiiiprisin,::- all thai part of ilio ti'Uii- 
 >liip of Wcstmcath Ivinj-' cast ami north of tho .Mii>kj'at liiUc 
 ami riv'.'i', and all those part> of the to\\n>liip of Ko>s. from 
 the oth to tlie '.»th concessions, lioth inclusive, cast of Mu>k- 
 ral lake, ami from the llh to tlu' Kith (orth.' other) t'onces- 
 simis of iioss, hoth inclusive, of the said township of I'oss, 
 
 3. — IJonfrew — Comprisin.ii- the villa,i:e of Renfrew, and 
 the townships of llorton and Admaston. exi'cptini;- the lots 
 iiuiuhi'red I to -l-i, inclusive, in the !»th, HMh, lltli and T.Mli 
 concessions, an<l tlu' whole of the concessions nundiciiiii:- ]'■'>, 
 1 I, 1') and Ki in said town-hip. 
 
 •1. — Arnprior — ( 'oniprisiiiL;- tlie villa.u'e of Arnprioi- and 
 the township of McNah. 
 
 5. — Shamrock — ( '(unprisin.u' the townships (d' I'la^i'ot, 
 1')iytlio(iel(l, r>rou»:hani and Matawatchan, and all the lots 
 iiumhered I to 'i-i, inclusive, in the itth, joth, Uth and f'lh 
 concessions in the said township of Admaston, and the whole 
 of the (-oncessions munhered J;5, Jl, \o and Ki in the ?-aid 
 townships. 
 
 (i. — l-'i^anville — ( 'omprisini;' the townships of (irattan, 
 Schastopol. South Aliioma, North Al.ii'onia, and all that pjirt 
 of the township of Wilherforce fi'iun the 1st to the 11th con- 
 cessions, hoth inclusive, c.Nci'ptinL*' those parts of the llth, 
 l.Mh, Kith and 17th concessions of said township of AVilh.'r- 
 i'orce ]\\\\is north of Snake rivei' and east of Lake Dore. 
 
 7. — Cohden — Compi'isin^u- tlu' towns]ii|) of r)i'oinley, and 
 all that part of the township of Westmoath west of Muskrat 
 lake, and all those parts of the township of Ross, from the 
 1st to the Ith concessions, both inclusive, east of ^luskrat 
 lake, and from the 1st to the (ith (d' the other concessions, 
 hoth inclusive, of the said township of Eos.«. 
 
 I 
 
;51 } I)I\|s|(i\ < (il lils All". 
 
 S. ||ockiii,i:ii;iiii -('niit|iri>in^' tlic tn\vii>|ii|is ol' II. i.do- 
 
 iicll. Iladilitl'r. Ifii-liin. I Aiiciloch, (Jrillilli, Ihi-ini't v. SlitT- 
 w.hmI. .loiifs, liiclianl.- and Hiinis, 
 
 (Ol NTV <>!' SlMcoi:. 
 
 ]_ — I!;ii ric— "( '()iii|iri>iii,u iln- tnun i>\' r.an'ic. tlic tn.vn- 
 .•.|ii|i nf \'c>|pi'ii. except tliiit |H)iti(in lyini:' we-i of the Ndtlii- 
 w.'-ii'jii ri\er. ami e\ee|>t in^- alxi lots Nd-. iis. liH ami !•• iii 
 llic l»! and '.'nd (niiee»i(>n>. and liii> Nn-. I. '.' and :') in llu- 
 ,;r(i. Iiji. ."iih. (ith ami lili confession^. re-|iectivel\ . Tliat 
 
 jH.i'lioii (d' llie low ii-iiip of Oi'o Ivin^' solllli (d' loI> Nos. "M 
 ill ill;. ]•.{ and '.'ml con<i>-ioiis (iiudndin^' the l{anu'('>). and 
 M.iiih (d' lots Nos. i;; in the ilrd. Ith. oth. (ith. 'th and s|ii 
 ( once--ion>. i'e>|)ecti\(d_v: diat portion of tlie lowii-liip ol' 
 liiii-lil Iviii.i:- east of lets No>. o in the (ilh. Ith and >\U <-oii- 
 ce— ion>. ai'd that portion lyiiiLi' north ol' the .'^tli conce>sioii; 
 that portion (d' llio township of l'>sa Ivini:' north id' lots Xos. 
 l!i ill the ^th. Nth. !Mli. HUh and llth (•oiice>..ions. 
 
 •.'.—Bradford- -The villa-v «d' Bradford: the township (d" 
 Wc-t (i\\ illimhiiry. exceptin^r tliei'coiit lots Xos. 1, ■.*, ;■>. 1 
 and :. in the 1 Ith and l."»tli conce>sioii>: the towii.-hip of 
 Jjinistil, except that portion lyitiL;' north of the r)tli conces- 
 sion, and o.xco[)ting also lot> Xos. I. "i, ;>. 1 ami •"• in the 1-t, 
 •.'lid. ord. ith and ')th conce»ions. 
 
 ',\.- -r.eeloii — The tow ii>hip of Tecnm-eth. except conces- 
 sions r.\ i:i. 1 1 and 1.'.: the towii>hip id' Adjala, except that 
 ]iortioii \\\\\'j: north of lots Xos. •!:> in the Mli coiice.-sioii 
 ihereof. 
 
 ■!_ — ( 'oil in i:\vood — The town of ( 'olIiiiLiWood. the villairo 
 ' Staynei-. thai portion (d' the township of Xottawasa,sj,a 
 vinu' north ol' lots Xos. In in the twelfth cinicessions tlu'reof; 
 that ]iortion of the township of Snnnidale lyintz' north of tlu; 
 !Sth concession: that ]iortion of llu' township of l-'los lymjr 
 west of the Xottawasajin I'iver : the islands in Lake liiirou 
 contiiinons to the townsliip of X'oitawasa,ii'n. 
 
M.MHS <»1' IMi; l!l>l'L(. IIS 1. l»IVl>l'»NS. iU-') 
 
 .J.— Crai-iliKist— Tlic t.)\vn>lii[. .)!' !• !m.«, cxcfpf tliai p'.r- 
 lioli lv;ii,u' wi'^l of llir N.>tiii\vii-)i>;:i liviT; tlw tow n-liiii mI' 
 Mi'tluiitc. fscfpt that iioilioii lyiiiji' fa>t i>'' tlir I'Mli (hiuhs- 
 hi(.ii: and north ol' lots Nos. Hi in the !Mh an<l inth conr.s- 
 sions, r('sii('i'iivt.'ly; tliat portion of ihr toun-hi,- of (ho Imh- 
 north of tlic southern houndarits of h>t- No>. '.M in the l>t 
 and -.'ml (■onc('s>ions, and north of the -outhern iHuindaries (d' 
 lot> No>. l;! in tlir ■\v^\. Itli. .'>th. (dli. Ith and sth coiu'c^ions 
 rfs|iettivcly; h.ts .".8, :!!• and m in llio l>t and '.'nd con(v>- 
 sions, and lots Nos. 1. •.' and :'. in th.' :'.rd. 1th. :>th. Clh and 
 llh lonci'ssions of {\\v to\vn>lui) of \ opra. 
 
 (;__(>,.illi.,_'rht' town of Orillia, tlic to\\n>hii» of Oiillia, 
 yoiitiu'rn division, the lown.diip oT (irillia, n(nlhcrii division, 
 except that portion \\\\\ii north of hits Nos. loin tliellist 
 .seven ((MHf^sions tiu'reof; that portion of tin' tow n>hip «d' Oro 
 Ivin-' east of tlie sth i-(niee»ion: that portion of the towir-hip 
 of Medonte hi'in;;' e(nnpo>ed (d' hit> Nos. 1 to C. (^hi ih inclu- 
 sive) in the 1 1th. r.Mh. i:!tli an<l 1 1th coiH-osion-; the islau<ls 
 in Lake Simcoe cmitij^iious to liu' township-; and [)ortious ol* 
 town-hips ahove descrihed lyin;^' wliully or for llie most pai'L 
 opposite tiiert'to. 
 
 ;._Xe.\v howcll— The township id' Noltawasaya, except 
 tiial portion lyin-' nortli <d' lots Nos. IS in the Tith eoiices- 
 ijion thereof: the townsiiip of SunindaU'. exci'pl that [lorlion 
 lvin,ii' noi'th of the sth eonct'>sion: that portion of the town- 
 shi|- of \espra lyin^' wi'si of tlie Nt)ttawasa,ua river ; that 
 jxirtion (d' the township of I'lssa lyin.u' north ol' hits Nos. !'.• 
 in the 1st, -.^nd, ilrd. Ith. .")tli and (ith concessions; tlnit por- 
 tion (d' the townsiup (d' 'J'ossoroutio lying noith of lots Xos. 
 '^0 in eacli ol' till' seven c(UU'essions thereof. 
 
 S. — AUiston — The township of l'>sa. except that portion 
 lying north of lots N'os. l!l in each ol! the eleven concessions 
 tho!e(d': the township ol' Tossorontio except that [lortiou ly- 
 ing north of lots Nos. -H) in each of the seven concessions 
 thereof ; that portion of the township of Innislil. heing coni- 
 ]iosed (d' lots Xos. 1. -3, 3, -1 and 5 in the 1st. '^nd. ;'.rd, 1th, 
 r.th. fhii. rth and Sth c.uicessi(Uis: the I'^th, i;Uh, 14th and 
 1.')ili concessions of the town.ship of Teouniseth; lots Nos. 1, 
 
 'ri^ 
 
 "!■. 
 
 m 
 
 I 
 
n 
 
 am 
 
 Dnisio.v ('(!' IMS Acr. 
 
 '^, '3. } and .'» in llic 1 
 
 )n\ .st(.will,nibun-; Unit portio,, „r the f.nvnslmn.r \,li,!, 
 hnv^ north u( lots Xo.. •>:> In Uw vl^ht (■..nc.(.ssi.'„< (h.m.f 
 
 •I. l>P7 
 
 em.tnnu,n..|K,K.-TI„. ,„„,, ,.r r,.notano-ui>h,.n.. 
 
 '•»''"'<"v.lL,,irr..rMi.Ih.n.l. ,1,,. ,o.n<l„>orTinv: flK., nu,- 
 
 tion of tluMuwnshijM.r Tay Ivin;, ^u.>, of ,lu, s,lM.on..Jon- 
 !'"' '''""''^ '" '^^''^•' ^'"'•"" '-nti^.H.ns to ,|,„ „„,„,,,i „; 
 
 ,'"•;■•'■'";'';'''"" l""'' "'•^'"■t-.u-nshipofrnv. ronnin.-nart 
 
 <•! lii^ ninth division, amllyin^ u holly ami lor tlu. n,u., par, 
 opposite tlicroto. •■ 
 
 "'•-^•"''^^■'In--Tho township or . Ma, d.nlash. that p..,- 
 ^';»" "'■"'*' '-^^ -ship .,!• Orilli,. „„,,horn division. Ivino- nor,h 
 "' '"" ^"■^- '^ '" """ "'•^' -'^''i' cniuvssions thoivof: ,!,;„ 
 l""''"»""f"H. ,oun>hipor.M,.don,rlvin,-nonhor|u,. \„. 
 ''• '" '''*' 11"'. 1-^^th. l;!,h and 11,1, ooncrssions. and ,ha,' 
 I'"''"'" '>■'"■- "•"■"' "'• 1-"^ Nos. I... in tho IMh and |n,h 
 <-"<•'- '"s tl.o.vo,-: ,h, tounship of Tav. cxcopt that pu,- 
 <'•••■ lyin^ wo^r of the s,h rnn,..>siun: th. island in I.ako 
 '."'""' '■••"".-"•"•^ I" that portion of the township uf Tav 
 
 ';"'"""•- l""'' "'■ "'•' 1""' 'liviM-.M., and Ivin,' uhollv or |n"r 
 I'lo inf)st part opposiio tlicivfo. 
 
 Xoto.-Kaoh of tho Slid >ovoral diviHnn< shall inHudo 
 " "'""""'"■•■^ '■'"■ '■•""'^ -inhra.od uilhin its .xtornal liini,< 
 "nd shall also oxtond ,o the .-ontiv of ov.rv alloxan... iny 
 ^•-'••l ly.ni. oxternal and a.lja.on, ,o ovorv sm-h division .v- 
 ;-Pln.,r.hvaysuhoro any snoh las, niontioned allo.anoo i. 
 
 '•■'■•;'"'"''"'•" '''''•'^'■■•■<1 •" l-l-n- ,o or lorn. pa,i of anv par- 
 ticidar division. • ' 
 
 rxITKI) (OCXTIKS OF SToiJMOXT, ])LXI).\S AXD 
 
 (.;lkx(;ai{hy. 
 
 1.— Willianistoun— Tounship of ('harlo(t,,nbur-, in i1k. 
 county of (ik'ii,iraiTy. 
 
 '^^-A]c'^a..d^ia-To^vns|^p of Loehkd, in tho euunlv 
 ol 'dcnyarrv. 
 
 .1— Corjuvall— I'oui, and township „f Cornwall, in tl 
 (onnty of Stormont. 
 
 10 
 
IJMirs OF TIIK llKsl'Eri IVK DIVISIONS. 
 
 ;U7 
 
 It p'lr- 
 norih 
 ': tliMl 
 ^ Xos. 
 i lli;ll 
 intli 
 I |Mir- 
 
 r 'I'ay 
 
 4. — Dickiiisdirs LjiiidiiiL;— Town-liii) f)l' r)j;iijiiii'ii(k. in 
 the county of Stoi'inout. 
 
 ."). — Mori'isliiii'i:- — 'rownsliijt of ^Villi;lltlsllUl■^:'. in tin; 
 c( unty of DiHKUis. 
 
 G. — IiwKjiiois — T()\viishi|> (if .MaliMa. in liic county of 
 Dundas. 
 
 T. — South Mountain — 'I'ow nslii[i of Mountain, in the 
 county of I )un(his. 
 
 8. — Crvslci' — 'rownsliip oi' l'"inch. in the count v of 
 Storniont. 
 
 9. — Ilfidj^ic l-'nd — ''ro\vnshi[) of l.ancastci' in the county 
 of (ilcnirarry. 
 
 li>. — Chi'stcrville — Township of Winclicstcr. in the 
 county of Dcndas. 
 
 11. — Stralhiuoi'c — Township of Koxliorougli, in tlio 
 ( oimty of Stofnuint. 
 
 l"^.- — Doniinionville — Townsliip of Kcnyon. in the 
 (omity of (Jlengarry. 
 
 DrsTiucT OF Tiirxr)i:R hay. 
 
 ].— Port Arthur — All tiiat part of tliu distfict lying 
 \vcst of tlu> Hioi'idian of ST degrees of west longitude, to the 
 meridian of the most easterly jiart (d' llunti'i'V island, ex- 
 cepting tlieiefiom the municipality of Xeebing. 
 
 2.— (T)ropped). 
 
 n. — Fori ^^'illialn — Comprising llie m.micii'ality of Xee- 
 bing. 
 
 rOrXTY OF YICTOETA. 
 
 1. — ^Voodvillc — The first consists of the following town- 
 slii])s, and iiarts of to\vnshi]is, viz.: of the ir)tli concession of 
 the township of ^Mariposa, and the township of Eldon, exce])t 
 tlie ranjj^es north and south of Portage road. 
 
 2. — FVnelon Falls — The second consists of the following 
 
 r 
 
 Vri 
 
 
3 IS 
 
 DIVISION- ((UKTs ACT. 
 
 |""n.-i„rs: ..11 „r ,iK. ,„„„si,i|, „r f,„,i„„, «,,,,,, „,„ „„.. 
 
 '';"'■'";-;•"" ■"""' ^'"P'.- ">,.,-, ,„„i s,,,,,!, ,„s„„.,.',„„ 
 
 l.itc. ami till, tuviisliiii „r s.HiH.rvillc. 
 
 Vcn,!-™,""'""''' ~^'""' "'"■'' "'"^'"^''^ "'■ ""-' ""'"^1 ■ 
 
 K,„ily:^"""""""^''''"' """■"' ' ^'"■" "'■ ""■ l"»-l'il' "f 
 
 .V-'-""'«V-TI'" mil, ,.,.„,«is(s „|- ,|„ ,„„„ ,„. ,,i,„|,,,„, 
 ""■';- "l'""'l--"l"- 'i-- -r llHMownsIn,, o, r, ; 
 
 j^K-'".--' -r .:..■ s,.,,,,,, ,..,,,, ,, „„;„„,.„;;„ 
 
 Jliinicsi. ,..\,,.|:| III, l.-,il, ,,„„-,, ,i„„ 'I' 
 
 r.-Vid.Ma 1,.,,,,,1-^TI,.. s,.n.,„l, .,,M.i,.,s .,r il„. ,„,.„. 
 . ..I ,n*,, ,,,,, I ,.,l,,,,,, ,,,,,„,, |,i,, ,,,,, ,,,, 
 
 ■ "; ■"•"^ln|, ,„ li,..vl,,v. .„.] ,lu,l |,„,li f „„,,„,„ 
 
 Z:::::: ■ "•■""-- ■ •■■ ':,:; 
 
 '"INTV (l|-UATI-:i{|,(.(l. 
 
 i.-i;,Tiii,-.\ii ii„„ |„„.,i„„ „r ||„. ,„„„si,i|, „r w.,,,., 
 
 ;;;;.■: -.^i.:i^;::-;::,,:;;i;.-!,;;;;:-r,r 
 ■ "'-- — -..;:,;:,;;:,;'^;r::;a';::;;; 
 
 
tli;i( por- 
 St lir;^i'ii|i 
 
 ^viis!ii|i of 
 n>iii|i of 
 Liml.siy, 
 
 (if I'cDc- 
 IC towil- 
 
 10 touii- 
 
 •iilltll of 
 
 MMIIS OF I'lli: KKSl'Ki 'INi: DIVISIONS. 
 
 ;319 
 
 W.itcr- 
 
 Towii- 
 
 1> lino, 
 
 itorloo 
 rii-aiul 
 
 (iram! 
 •. 109, 
 ii: tlio 
 
 N'orth 
 1, and 
 lot in 
 
 a nnrrhorlv diroctidii np to tlio V?th concossion: tlioncc along 
 llio (U.-torn 1)onn(1ary of lot N'o. -V-k in the said 1'ith ooiioos- 
 hion. t(» tlio township lino, including- tlio town of <.,ill. 
 
 -1. — Xow Tlanihiiri:' — Tlio townsliii) of Wilniot, Inoluding 
 tlio village of Now liamlnirg. 
 
 5. — T.inwood— 'IMio township of Wollosloy. 
 
 (J. — Si. daoohs — 'The towiisliip of Woolwich. 
 
 ;. — Ayr- — All that part (d' the town^llip of North Diini- 
 frios lying west of tlio oa>torn hoiindaiw ot said lot No. J^^, 
 in tlio 7th coiu-ossioii; thoiioo along tho oastorn limits of said 
 lot No. 1!». tho sanio ooiirso tlioro(d', in a nortliorly diroetion 
 to tho ir)tli coneossion; thonoo along tho wostorly limit of 
 lot .\o. 'i'], in the said 1'^h coneossion, to the township lino, 
 inelnding tlio village of Ayr. 
 
 TllK COl'NTY OF WKLLANO. 
 
 1.- — Wt'lland — Comprising the township of C'rowland: 
 that part of the township of Tliorold lying south of the line 
 between lots KS and l!*-"), running through to Pelham; that 
 part of I'elliam lying south of the 4tli concession, and that 
 part of llnnilierstono lying north of the concession line, lio- 
 tweon the Ith and oth concessions, hoing the whole of the 
 ].')th coiuossion and the town of ^^'elland. 
 
 2. — ^Marshville — ('oni])rising the townshi]) of Wainiloet. 
 
 '^. — l-'ort I'h'io — Comprising tho township of I'ertio, and 
 (hose parts of the township of Humhorstone not included in 
 Nos. 1 and H, and the village of Fort l-h-ie. 
 
 I.- — Niagara I'^alls South — Coni]irising the township of 
 AVillonghhy. tho village of Chippawa, and that .iiart of the 
 township of Stamford south of the line hetwoon lots l:l() and 
 13T: ea-titerly from the western limit of the townshi]) to tlie 
 pouth-east angle of lot No. 133: thence north on the lino be- 
 tween lots Nos. 132 and 133, to the northern boundary of the 
 township, including tho towns of Clifton and Vavy Island. 
 
 Ml 
 
 m 
 
 
 
 % 
 
320 
 
 DIVISION corurs act. 
 
 5. — Tliorokl — Comprising tliosc parts of the to\\iisliii).s 
 of Stiiniford, Tliorold and IVlhiini, not included in any other 
 division, and the town of Tliorold, 
 
 n. — Port Colhorne — Composing all the township of 
 iruniberstonc, lying south of the -"ith concession, and west of 
 the side lines, Ix'lween lots Xos. !» and 10 in the several other 
 concessions thei'eof, and the village of I'oi't Colborne. 
 
 COl'NTY OK WKLlJXCiTOX. 
 
 1. — (;„f,]|,l,__^riie town jiiid townshi]) of (inelpli. 
 
 •)_ — ^loriston — The township (d' I'uslincli. 
 
 3, — Hockwood — The towiiship of j-j'ainosa. 
 
 4. — j-'ergus — Consisting (d' the township of Xichol. e\'- 
 ccpting the Hth and I'^th coiu-essions; the iiiunicii>ality of 
 Fergus; the first eight concessions of the township of (Jara- 
 fraxa. and lots 1 to IS, hoth inclu>ive. in concessions A and 
 r, of the township of Peel, lots 1:'.. II. 15. Hi. IT and 18, 
 in concession^ IS and 1!>, and lots li», 'io and 2\. in the ITth 
 concession of the township (d' I'eel. 
 
 T). — ]']rin — The townshij) of Krin. 
 
 (!. — Klora — Consisting of t!u^ townshi[»s of Tilkington, 
 and the 11th and I'^th concessions of tlio township of Nichol; 
 the munici])ality of the village of Klora, and lots nnnihers 1<> 
 and upwards belonging to the Dth, lOtli, 11th, 12th, 13th, 
 14th. l")th and Kith concessions of Tecl. 
 
 7. — Drayton — Consisting of concessions 1 to 10, inclu- 
 sive, of the township of ]\laryl)oro\ and concessions 1 to l"'.. 
 hoth inclusive, of the townshi]) of Peel, excoi>t lots 19, 20. 
 21. 22 and 23 of those concessions in that townsliip. 
 
 8. — Arthur — Consisting of that ]iart of tlie township of 
 Arthur, south and south-east of lot 1"), on the west side of 
 the Owen Sound road: lot IH on the Owen Sound road, and 
 lot 12 eas^ of the Owen Sound road, in the township of 
 
llio townships 
 I in any other 
 
 towiisliij) of 
 1, and west of 
 ' se'vtM'al other 
 home. 
 
 LIMITS OF ■IIIE lti;si>i;(TlVE DIVISIONS. 
 
 i21 
 
 inelpli. 
 
 if Xichol, (^\- 
 unici])ality <»f 
 sliip of (Jara- 
 >ssions A and 
 ;. 17 and IS, 
 L in tlie ITtli 
 
 f Pilkinjiton, 
 ii[) of Niehol; 
 s nnml)ors 10 
 , 12th, i;5th. 
 
 to If), inelu- 
 ions 1 to 1<N 
 :. lots 10, 20. 
 isliij). 
 
 1 township of 
 west side of 
 
 nd road, and 
 townsliip of 
 
 41 
 
 Aithiir: that ];art of the townshi]) of Lnthei', from 1 to Ifi, 
 lioih jnchisive; and lots 1 to 12. hoth iiichisive. of the ITth 
 and isth I'oiicessions of the township of IVel; lots o to Jl, 
 l)olh intliisive, of the lUih coiuo.^ion of said township of 
 Teel: and lots 1!» to ■>:], hoth inclusive, of concessions "A"' 
 iiiid ■■ r» " of said township of Vvr]. 
 
 (!'. — The tei'i'iloiT fornierly comprised in this division: 
 is now in the (-(unity of DulTefin.) 
 
 10.— irarriston— Consists of the to\v]ishi]> of :\[into. 
 
 11. — ;\lonnt. I'oi'est — Consists of the town of Mount 
 I'orest, and tliat part of the township ni Anhui' ]ioiih ol lot 
 I'i, west of tlie Owen Sound load: lot. K, on the Owen 
 Sound I'oad. and lot 1:5. east of the Owen Sound voad. 
 
 CorXTY OF WKXTWOHTir. 
 
 1.— Ilandlton— All tluit ])art of the townsliip of P.arton 
 lyin^- oast of the line hetween lots II and IT), and all that 
 part of Hamilton city east of Iluohson street. 
 
 2.— Dundas— The whole of the township of Fhunhoro' 
 West. 
 
 o.— Watcrdown— The wh.ole of the township of Tlani- 
 boro' Kast. 
 
 J.— Kockton— The whole of the township of P.everley. 
 
 5.— Stoney Creek— The whole of the township of Salt- 
 fleet. 
 
 i!.— (Ilanford— The whole of the township of Clanford. 
 
 T. — l>iid)rook — The whole of the township of i>iid)rook. 
 
 cS.— TIannlton— All that part of the townshij) of Barton 
 lying west of the lines hetween lots 14 and l."i, and that i)art 
 of Hannlton eity west of llnghson street. 
 
 ll.C.A.— 'JI 
 
 I:-' 
 
 ^iu 
 
 
liiilii'i 
 
 3'22 
 
 DIVISION' COl'UTS ACT. 
 
 cor X TV OF YOEK. 
 
 l._'r,)r()nt()— Tilt' city of Toronlo. ciist. of Yonoo sim-i, 
 ill (liilo of Mtli Soi)tciiil)i'r, is;.") (i.e., JUoor, Shcrlioiinic and 
 llowiird streets on the north, the Don on the east, down to 
 (^)iieen street, and all south of (^leeii street as far as Fah' 
 a^enue). 
 
 o. I'nionvilU — Coneessions o to 11, inclusive, of the 
 
 townshi]) of Markhaiii: and concessions T) to H', inclusive, of 
 llie township of Whitchurch, from 1 to 10. inclusive, to- 
 n-cthcr with the villaii'es of Markhani and Stoiilfville. 
 
 Ti.— K'ichniond llill-— ( 'oiicosions 1 to 1. inclusive, of th(> 
 townslii)) of Markhani: and concessions 1 to I. inclusive, (d 
 ihe township of Whitchurch fr(Uii lots 1 to 10. inclusive; and 
 conct's>ions 1 to I, inclu.-ive. id' the township of X'auuhan. 
 
 ■f.— Newmarket— The township .d' Whitchurch, from 
 the line hetween lots 10 and 1 1. northward, and the townsliip 
 of l\ast (iwilliiiihury. 
 
 ,-,. — Sutton West — The townships of (leor^ina and N'orth 
 (i willimhui'v. 
 
 0. — Tdoydtown — The township <d' Kin^and the incorpo- 
 rated villap' of Aurcu'a. 
 
 ;. — Woodlirid,i!( — Concessions 1 to 11, inclusive, of the 
 township of \'au>:han. 
 
 S.— Toronto dunction — All that portion of the township 
 of York lyin-- west of Yonuc street, and the townshii) of 
 I'tohicoke. 
 
 !).— AVest Hill— Township of Scail oro" nnd all that por- 
 tion of the townsliip of York which lies east of Youfrc street 
 and the villaf>e of Leslieville. 
 
 10.— Toronto— The city of Toronto, west of Yon^^o 
 street, at date of Septemher, 1875 (i.e., Tdnor street on the 
 north and DiilTerin street on the west). 
 
•hoiinie and 
 
 st, down to 
 
 far as Fah' 
 
 sivc, of llic 
 inclusive. (»t" 
 ic'lusiv(\ i<>- 
 illo. 
 
 usivt', (if llu> 
 inclusive, (>r 
 icliisive; and 
 \'anuiian. 
 
 uircli. I'roni 
 he townsliip 
 
 a and N'ortli 
 
 the ineorpo- 
 
 isive, i)t llie 
 
 \\v townshiii 
 t()\vnshi[) oi' 
 
 FOILMS 
 
 ADOPTED UNDER THE REVISED RULES. 
 
 1. REVISED TARIFF CLERK'S I<^EES. 
 
 2. BAILIFF'S FEES. 
 
 3. FEES TO WITNESSES AND APPRAISERS. 
 
 No. I. i'llic very el:i borate form of procedure book adopted 
 under this rule has been superseded by Schedule D to the ActJ. 
 
 I 
 
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;llii|l 
 
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 DIVISION COl'iri'S ACT. 
 
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 DIVISION CorilTS ACT. 
 
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 Stylc of Citusf, 
 
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 F S •• J' »*'"•• •';'"<-, No. 7^, 1K1.8 ssneexecuti.m H. Hmith. 
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332 
 
 DIVISION COURTS ACT. 
 
 13. BAILIFFS C.VSil 15()()K. 
 
 I'lidtT Kulf l.s'.i, sliowint,' all pnynii'iits rt'ceivcil l)y liim of ninnHys on cxccii- 
 tions (ii' fitlit ruisf, frum (U'tViuliiiit^, gai'iii^lici'^ or otlii'r.s, from the day 
 of IS 
 
 1)1. 
 
 Rcccivfd. 
 
 I'aid out. 
 
 Cr. 
 
 Dati'. What '. From 
 l,s suit. I \\ hom. 
 
 Amount. 
 
 Date. On what To 
 ■iuit. whom. 
 
 Amount. 
 
 s cts. 
 
 8 ots 
 
 14. PARTICULARS OF CLAIM AND DEFENCE INCLUDING 
 
 COUNTER-CLAIM. 
 
 PAUTK^ri-AHS IN CASKS OF CONTnACTS. 
 
 No. A.D. 18 . 
 
 A. B., (tf , claims of C. D., of , the sum of 
 
 $ , the amount of the following account, viz.: 
 
 (Here give the account in reasonable detail, stating dates, 
 items and sums.) 
 
 Or, 'I'he amount of the note (a copy of which is underwritlon), 
 together with the interest thereon. 
 
 Or. For that the said C. D. promised (here state shortly the 
 promise), which undertaking the said C. D. hath not performed. 
 
 Or, For that the said C. D. by deed, unde*' his seal, dated 
 the day of , A.D. 18 , covenanted to, etc., and 
 
 that the said C. D. hath broken said covenant whereby 
 
 the said A. B. hath sustained damages to the amount aforesaid. 
 
 Or, For money agreed by the said C. D. to be paid by the 
 said A. B., t(.gether with a horse of the said C. D, in exchange 
 for a horse of the said A. B., delivered by the said A. B. to the 
 said CD. 
 
Cr. 
 
 et.s. 
 
 "1 
 
 ^4 
 
 FOHMS. 338 
 
 Or, For that the siiid C. D.. hy warranting i\ horse to he then 
 sound and quiet to ride, sohl the said horse to th(> said A. 13 , 
 yi't the said horse w;is nut then sound and (luiei to ridf. 
 
 Cv, For that the said C. D., in consideration that the said A. 
 15. would supply E. F. with goods on credit, promised the said A. 
 13. that he, the said C. D., would be ans\veral)lo lo the said A. B. 
 for the same to the extent and value of $75, that the said C. 1). 
 did accordingly supply the said E. F. with goods to the price of 
 $59 and upwards: 
 
 Or, Butcher's meat supplied to you. full particulars entered 
 in your pass book from lime to time, from 2Tth August, 1889, 
 to 12th September, 1890. $24.75. 
 
 Or, Groceries supplied to you, full particulars in bills de- 
 livered weekly or monthly. (Dates .as above.) $28.49. 
 
 Or, Goods supplied to you out of my store, full particulars 
 in detailed accounts given to you with each purchas^e. $49,70. 
 
 (d) ON A GUARANTY. 
 
 A. B., of , in the county of , claims against 
 
 C. D., of , in the county of , as principal, and 
 
 against E. F., of , in tlie county of . as surety 
 
 (or guarantor) $100 for the price of goods sold by A. B. to C. D. 
 
 The following are the particulars: 
 
 Guaranty by E. F. of the price of woollen goods supplied to 
 C. D. as follows: 
 
 1889 Febr'y 2, To goeds $25 00 
 
 March 3, To goods 10 00 
 
 March 17, To goods fi5 00 
 
 Total $100 00 
 
 0)) ON PROMISSORY NOTE AGAINST MAKER. 
 
 A. B., of , in the county of , claims against 
 
 C. n. in the county of , as maker of a promissory note 
 
 payable to E. F. or bearer (or order, as the case may be) of which 
 plaintiff is the holder. 
 
 The following are the particulars: 
 
 To promissory note, dated 1st January. 1890 (principal). .$50 00 
 
 (interest). . 3 39 
 
 Total $53 39 
 
 t I 
 
 u 
 
 I 
 
334 
 
 DIVISION COUUTS ACT. 
 
 ((.) ON A PROMISSORY NOTE AGAINST MAKER AND 
 
 ENDORSER. 
 
 (Same form df commencement iis in) uiili), against C. iV. of 
 , in the county of , as maker, and E. R, of 
 
 , In the county of , as endorser, of n promis- 
 
 sory note (here state particulars as in form (/>) <iiit(). 
 
 id) ON A BILL OF EXCHANGE AGAINST ACCEPTOR AND 
 
 DRAWER. 
 
 A. B.. of , in the county of . claims n^rjiin^t 
 
 C. D.. of , in the county of , as acceptor, and 
 
 ^gainst E. V., oi' . , in the county of . as drawer 
 of a bill of exchange. 
 
 The following are the particulars: 
 
 llill of exchange for $75. dated 1st Januaiy, ISSH, ('rawn 
 by the said E. F. upon and accepted by the said C. I)., iiay.iblo 
 three months after date. 
 
 Principal !1!75 00 
 
 Interest 2 73 
 
 « 'I'otal $77 75 
 
 (r) ON A P.ILL OF EXCHANGE AGAINST ACCEPrOR. 
 
 A. B., of , claims of C. D.. of , in the county 
 
 of , as acceptor of a bill of exchange. 
 
 Tht> following are the particulars: 
 
 Bill of exchange, drawn by Amos Bentley, 
 indorsed to plaintiff, accepted by you, 
 due this day, 17th .Tune, 1890, for $20 00 
 
 17th Dec(>mber, to interest 6 months 87 
 
 Tota: $29 37 
 
 (f) ON A BOND, 
 
 A. P... of , in the county of , claims of C. D,, 
 
 of , in the county of , $79.40 for principal and 
 
 interest due upon a bond due to A. B. 
 
 The following are the particulars: 
 
 - r^ 
 
 if 
 
 SB 
 
FoiiMs. 335 
 
 Bund dated 1st January, 1889. conditioned lor payiiuMit to A. 
 B. of $70 on the 26th December 18S'9. 
 
 Principal dm- $TU UU 
 
 Inlorefct 9 -lu 
 
 Total $T[) 40 
 
 L'/) OX A GOV EX ANT. 
 
 A. B., of , in the county of (same as above 
 
 form ('), substituting the wurd " covenant " for •' bond ") to A. B. 
 The folltiwing are the part iciilais: 
 
 Deed dated 2(!lh January. ISS'J, covenant to p;iy $70 and iii- 
 teiest to A. B. 
 
 Princiiial due ., $7ti 00 
 
 luicK t 1» -iO 
 
 Total $79 40 
 
 1.-. PARTICFLARS OF PLAINTIFF'S Ci..\IM IN ACTION 5 
 
 OF TORT. 
 
 A. B.. of , clain-.s from V. D., of . $("'0 fo'" 
 
 damages. For that the ?aid A. P.. has suffered damages from 
 , . rsonal injuries to the said A. B.. and damages to his carriage 
 and harness, caused by the i-aid C. D. (or his servant) on the 15ih 
 January. 1S92. negligently driving a waggon and horse (m Talbot 
 Street. Southwold. 
 
 rARTICT'I-.vnS OF EXrKXSFS. 
 
 Charges of Dr. VanP.uskirk. surgeon ....$25 00 
 
 Charges of Mr. Jones, carriage-maker 10 00 
 
 Charges of Robert. McCully. harness-makor 5 00 
 
 $40 00 
 
 Personal injuries 20 00 
 
 The said A. B. claims $00 00 
 
 I 
 
 i;;:| 
 
'S'i]{j i>i\isi()\' coritrs ACT. 
 
 Or '" Fit that tlip said C. D. deprived the plaintiff of and con- 
 verted to liis own use the fo'.ldwing goods of his. viz.: 
 
 Sept. 10, 1SS9— One table-cloth $ 3 00 
 
 One piano 50 00 
 
 A lot of chairs 7 do 
 
 'l>'tal $00 00 
 
 Oi- * For illesally distraining his goods at No. (i7 Cliarles 
 Street. Toronto. 
 
 Or =■• For illegally arresting and imprisoning him at Col- 
 borne Street. TJrantford. 
 
 Or ■:' For that the said C. D. did on or about the day 
 
 cf . A.D. ISO , at the township of , iinliv.fnlly 
 
 |breal( ;ind in.1nre a waggon of the said A. B.^ or [falsely n'pre- 
 sent I,. O. as tit t(» l)e trusted, the said C. D. at tlie same time 
 knowing tliat the said L. O. was insolvent, wherel)y the said A. 
 li. was induced to give him credit] or [assault and beat the said 
 A. B.l or as the case may be, stating the tort sued for in con- 
 cise langii.age). 
 
 Any of the foregoing forms of particulars of causes of 
 action n:ay be used ;is forms for counter-claim, reversing the 
 names of parties. 
 
 \r, (,/). FARTICI'LARS IN CASES OP DETINUE. 
 A. H.. of , stall's that C. D., of , on the 
 
 <1ay of A.D. 189 , unlawfully detained from the said 
 
 A. B. his goods and chattels, that is to say. a horse nanied " Bob 
 Foster," also a harness and sulky. 
 
 The said A. B. claims .a return of he same or their value, 
 and $ for their detention. 
 
 li 
 
 16. PARTICULARS OF CLAIM IN ACTION FOR DAMAGES 
 TO LANDS BY FLOODING. 
 
 (Applicable only to certain judicial districts under 52 V. 
 c. If), sections 13 and 17. being "An Act respecting Damage to 
 Lands by Flooding in the new Districts.") 
 
Foll.MS. 
 
 ;]ti7 
 
 Criiis form can only be used when the proceeding is by ordi- 
 nal y siimuions), (oiinunencement same as in form niih 15). 
 
 1. For that the defendant constnietcd a drain and Hooded 
 four acres of the pl.iintiffs lands, being lol Xo. , in the 
 
 concession, and thereby has done damage to the plaintiff to iln" 
 extent of $20, of which damages the following are the particu- 
 lars: 
 
 Four acres of land rendered useless $10 00 
 
 Value of cro]) of nats on the laml lo (H) 
 
 Total $20 00 
 
 A. B., 
 
 I'liiiiitilT. 
 
 2. For that the defendant is a mill owner (or a iicrs-on t n- 
 gjiged in lumbering), .-ind has caused damage to liie lauds of 
 the plaintiff by overflowing the same for the purpose of diiving 
 logs (or timber or a sawmill) to the amount of $20, whirl! \v^ 
 claims from the defendant, (See 52 V. c. IG, ss. 13 and 17.) 
 
 17. FORM OF PARTICULARS OF CLAIM IN CASE OF A SlIT 
 ENTERED UNDER SECTION 82. 
 (Same in all respects as forms 14 to !(!, with the following 
 cnn(dusion, " And the plaintiff enters this suit and claims to 
 have it tried and determined in this Court because the place of 
 sitting thereof is the nearest to the residence of ♦he defendant.") 
 
 18, PARTICULARS IN ACTIONS AGAINST A CLERK OR 
 BAILIFF AND HIS SURETIES. 
 
 No. , A.D, 18 . 
 
 Henry Bray, of claims of .lohn No-ikes, clerk (or 
 
 bailiff) of the Division Court for the County of 
 
 and of E. F, , of , and G. L. , of 
 
 (sureties for and parties with the said .lohn Noakes 
 to a covenant for the due performance of the duties of his s:iid 
 office) the sum of for moneys had and received by thi> 
 
 said John Noakes as such clerk (or bailiff) as aforesaid, in a 
 certain cause in the said Division Court, wherein the 
 
 i,c,\,--J2 
 
 I. 
 
 'i 
 
 .M 
 
838 
 
 ItIVlSl(»\ ((tl'li'lS ACT. 
 
 Siiid Jlfiuy niiiy was i)laiiitirf, and iuh' II. g. was 
 
 (lefendaiii. lo and for i\n> use of tlu' naid llmry Hray, tlio pay- 
 ment whereof the said .I(din Noalves nnduly williholds. And 
 alHo (Statins in likf manner any utlier similar clainij-^or the 
 sum of for (luniases sustained l)y the said Henry Bniy 
 
 throufili tlie misconduct (oi' iictilict) of tlie said .hdm Xoalies in 
 tile iM'i'foimaneo nf tlie dulics i f lils said offloe: For tliat on ilie 
 day of . at (describe in oidinary 
 
 language tlie neghu't on- misconduct, wlicieby the damai;i' w.as 
 occasioned]. 
 
 IlEXRY BRAY. 
 
 
 10. DEFENCES. 
 
 ■rrii.i; <.i' i-i.ri;T .wn s'l vi.i': ni- cArsi:, 
 'Pake notice that I will admit, on the tr; 1, the first, second 
 and third items of the [diiintiffs pjirticulars to be correct (or the 
 signing- or endoi'si'uient id" the promissory r.ote sued upon, or as 
 the case may be), or. 
 
 Take notice that I disi)ute the claim of the plaintiff (or li< re 
 specify all or any of the grounds of defence,' statntoi'y or other- 
 wise, set forth in the form for clerk's notices). 
 
 Dated this diiy of , A.D. 1S9 
 
 X. Y. 
 
 To the cderk of the CoiM't and to the said ])laintiff. 
 
 In actions ag:ainst an executor or administrator; 
 
 (1) The defendant does not admit, but denies the plaintiff's 
 claim. 
 
 Or (2) 'Ihe defendant admits the plaintiff's claim, but not 
 the assets. 
 
 Or {?,) The defendant admits assets, but not the plaintiff's 
 claim. 
 
 Or (-1) The claim is barred by the St.atute of Dimitations. 
 Or (.".) Payment w:is made by deceased. 
 
 Or (0) The claiiri is fraudulent in the following particulars. 
 (Here set out i)articulars briefly.) 
 
 Or (7) The defendant is entitled to a set-off of which the 
 fc llowing are the p.articulars. 
 (Her? show particulars). 
 
 , I '_--*. 
 
rollMS. ;->;■>() 
 
 Or (S) The cl.uim was rclfasod by docd (lainl tlu- day 
 
 of IS9 . 
 
 Or (!t) Xoluo was given and asscis dislrihm. d iindrr Uc- 
 visfd StatuicK of Ontario, cliai)!!'!' iKi. 
 
 Particulars uf tho notice: 
 
 Advertisement in The Chronicle newspaper, of January loth, 
 IMtO; Toronto Mail, i'th Janu,ary, etc 
 
 (Here set forth the titles of the papers and dates of issue lu 
 uiiicli the advertisements were insert"!). 
 
 (Sgd.) A. H. 
 
 Defendant. 
 
 20, SET-OFF. 
 
 STVI.K OK i'Ar.-<K, 
 
 In the Division Court in the coiinly of 
 
 No. , A.D. IS . 
 
 (Style of Causae). 
 T:ike notice that I intend to avail myself of the law of set- 
 off, and at the hearing of this cause will claim a set-off against 
 the i)laintiff's demand, the particulars of which set-off luc hereto 
 annexed, or (hereunder written). 
 
 Dated the day of A,D, 18 
 
 To the above named plaintiff and to CHARLES DYKE, 
 
 the clerk of the said Court. i Defendant. 
 
 In the 
 
 21. COUNTER-CLAIMS, 
 
 Division C<uirt in the county of 
 Between A. B., Plaintiff, 
 and 
 C. D,. Defendant. 
 
 if 
 
 WM 
 
 Tho promissory note was given as the consideration for a 
 horse sold by the plaintiff to the defendant. 
 
I' i 
 
 lilillill 
 
 111!' 
 
 :uo 
 
 mVIMoN ( ulltTS AlT. 
 
 The plaintiff wnrrMnted the lioisp to ho aniiiKl, l)iit if was 
 wholly unbound and of no viiiiif. 
 
 The (lol'cndaiit, '■ouiitrr-clainis dainaf^cs U)v liioaili nt' war- 
 ranty .$l<l(). 
 
 ThP defendani disputes (or atlniits) ihc plaintiff's claim. 
 
 Tile piainlil'f was iiidcljtinl to one .Inliii Oir in $lni) on ;ic- 
 ciiunl of goods sold and dtdivcrcd by liu' said .lolin Orr to tin' 
 pliiintitt", a statement wliic h is as inliows, viz.: 
 
 (Heie edpy the accniint ). 
 
 The plaintiff by wiitinK assigned the said aecoiint to the 
 defendant on the third day of .Mine, IS , before this suit. 
 The defendant coiintei'-cliiims $100. 
 
 'the defendant has suffered damage by the plaintiff's breach 
 of a ciintraot for the sale and delivery. l)y the plaintiff lo tl:e 
 defendant, of Kio tons of Pennsylvania eannel coal at $." per 
 ton, f.o.l). at I'orl Stanley, by e(iii;il inonthl.v deliveries ovi'r the 
 first five months of l,stt2. 
 
 Tlie April and May inst;ilnients were not deliver, d. 
 Particulars of the damages are as follnws. 
 Difference betwei n the maiket price in April and May and 
 the contract price, at $L'.."0 per ton on forty tons, $10(). 
 
 The defendant coiinter-claims $,S4 arising from the following 
 facts: — 
 
 Downs & Company contracted with the plaintiff to erect 
 certain buildings for him in the city of St. Thomas, at a 
 schedule of prices and to complete them by the 1st of October, 
 1891. The plaintiff entered into jiossesaion of them. At tliat 
 time there was due from the plaintiff to Downs & Company, in 
 respect of the contract, a balance of .$.S1, and all conditions had 
 been performed and all times h.ad elap.sed necessary to entitlr 
 Downs & Company to recover tliat sum from the plaintiff. 
 
 By deed of the .".tii Xovember, 1,S02. Downs & Company as- 
 signed to the <lefendant. all their interest in the debt of $S4. and 
 on the (ith Xovember the def<-ndant gave the i)laintiff notice of 
 the assignment, but the plaintiff never paid Ihe debt. 
 
 The defendant says that the contract contained a clause, 
 whereby it w;is provided that the plaintiff should complete the 
 work by the 31st March, 1889, and in default thereof should pay 
 
I'ollMs. 
 
 :U 
 
 it was 
 
 aim. 
 
 lilt (1. ft ndnnt $2 I'nr fvciy suhsiqiicnl day ihiriiiu whidi ihc 
 \\n\k ^ll(Hllll remain milliiislicil. ami it s(i remain. d mifliiishMl 
 for '.''1 'li'>w lo ""' '^' "' •^'''■^' ""' ''''■''!"'•"" <'iunti'r-cialiUH ?t'.J. 
 
 Tlic pliilntlff'H claim is lor a Ik.isc sold by tlir idaliilitT to 
 Uir dcffiiduiil lor %'■>■ 'I'll'' i'laimilt' wai ranted the lioise to he 
 ymind and t;ood to woik, but it \va> niisound and lialky. 
 
 •rlic dclendani in due time lendeicd ilie liois" back to ilie 
 plaintiir in rHiiildallon of the ilebi. but the defendani refused to 
 ;i((ei)t Uie lioise or to canc('i tlie sale or any iiait of the debt. 
 
 The defendant fold the Imrse at public auction for ^'2-> with- 
 out warranty, that being the best pvice he could obtain foi the 
 horse, and counter-claims !i;t;u, as an etpiilable defence, and for 
 a breach of warranty, and for the keep of the hmse and ex- 
 penses of sale; and pays the >f'\r> inio ("oiiri. 
 
 On the Liuth tlay of .lu!y. ls>'.', the plaintiff unlawfully jis- 
 saulted, beat and wounded the defendant, whereby he became 
 sick, sore and in.)ured. and was unable to follow his employ- 
 ment. ■nu\ St) remained for throe weeks. 
 
 'i .le defendant was obliged to employ a surgeon to lu'al his 
 wounds, and to administer medicines during his sickness and 
 thereby incurred expense. 
 
 The defendant cotinti I'-i hums ijcu damages. 
 
 The plaintiff (dainis wages for work doiu' for the defendant 
 under an entire contract to serve him during the live sumnn r 
 months of ISOO, from the beginning of the spring work until the 
 end of the harvest, at $2.'^ per month and board and washing. 
 Before the terminauon of the contract, the plaintiff, without 
 leave (d' the defendant, wmngtiilly (piiited work, and left his 
 employ without cause. 
 
 The defendant was obliged to employ other workmen, and 
 suffered loss by being obliged to pay larger wages lo labourers 
 during harvest time, tmd counter-claims for $35. 
 
 ■!*.i 
 
 .'■'l!-| 
 ! k 
 
 
 m 
 
:n-2 
 
 |)|\isl(t\ cnl'KTS A<T. 
 
 m f\ 
 
 AKI"II)A\ ITS AX It OATHS. 
 
 22. GENEHAI. FORM OF UKADINC, AM) CON'CLrsIOX t)l* 
 
 AFFIDAVITS. 
 
 (Exct'iH wluic othcrwi.-e given.) 
 Ill the Fil'tli Divisiuii Cnuri in \hv roiiilty of FJiMiit. 
 netw"fii Aaioii Hiiii', IMiiintilT. 
 and 
 Clmrlfs C. Dyke. DeftMidnnt. 
 
 I, Aaiun Htiir. of Paris, in n,,. county of Hmnt. conlwaiinr 
 niiiki' oatli and .say uh follows: 
 Swoin .11 Paris, in tin- county of | 
 
 Brant, this day of 
 
 one thousand eight hundred and 
 
 Before me i (Signa'uiei. 
 
 Clerk. 
 
 23. AFFIDAVIT FOIl LEAVE TO SIE A I'AIITV RESIDING 
 IX AX AUJOIXING DIVISION. 
 
 In the 
 
 Division Court in tlie countv of 
 
 '• '^- "•• tJf ■ yeoman, (or I, E. F., of 
 
 yeoman, agent for A. B. of, etc..) make oath and s:iy 
 
 1st. Th.it I have a cause of action agjiinst C. I)., df 
 yeoman, who resides in the Division in the (onnty of 
 
 (if by agent. "That the said A. H. has u cau.^e of action against 
 ^- ^■' of . yeoman.") 
 
 2nd. That I (or the said A. H.) reside in the Division 
 
 in the ooiintv of 
 
|n|!Ms. 
 
 '^\'^ 
 
 3ril. Tliiit Uii' (llHtancc Irmn my n j-iilnicr (nr I'rom th- --;ni| 
 
 A B.'s rt.'Bl<lpn(f> to tin- pliifc wImic iliis Cniiit is ln'M is nhout 
 
 mill's, ami in the iil-icc whrre ilic Cmirt is luld in ilii> 
 
 DlviBlon In tlu- cuimty of is al)oiit nilifs. 
 
 4th. That the dlHtanct' lioiii the said ('. D.'s rfi-iijciict' to thi* 
 
 iilace wht'i'f tlio Court is held in the DtvlHlon wht're Iw rrsiih-s. 
 
 is about miles, and lo llie place wlieie I his Court is held 
 
 alxiul milfs. 
 
 5th. Thill the said Division and Ihis nivision adjoin each 
 other, and that It will lie more easy and inexpensive for the par- 
 ties to have this cause irie(l in tliis DivisidU than clscwher..'. 
 
 A. U. (or K. F.) . 
 
 24. AFFIDAVIT FOR LFAVK TO SIF. IN A DlVlSluX. AD- 
 
 JOININC, ONF IN WiliCli DFHTORS KFnlDE, 
 
 WHERF TllFRF ARF SEVKRAL. 
 
 1- 
 
 In ilie 
 
 
 1, A. r.. 
 
 of 
 
 *'( 
 
 . ' 
 
 say: 
 
 
 Division Cnint in llie cnuniy of 
 
 , ,\eoinan. make o'ltli and say (or F. F.. 
 , yeoman, agent fur A. B., of, et» .,) n ake oath and 
 
 1st. That I have (nr il'at the said A. H. has) a cause for 
 aetion respectively agaii' - eut'i of the debtors named in the 
 first column of the s(diedu; ■ . this aflidavit indorsed. 
 
 2n(l. 'i'hat the columns in the said schedule, numbered re- 
 spectively 1st, 2nd, 3rd. 4th, iith, tith and 7th, are truly and cor- 
 rectly lillcd up. according to the best of my knowledge and 
 belief. 
 
 3rd. That the Divisions named I;. >he second and third 
 (olumns of the said schedule, opposite each debtor's name, re- 
 spectively adjoin each other. 
 
 4th. That it will be more easy and inexpensive for the par- 
 ties to have the said causes, respectively, tried i'i this Division, 
 than elsewhere. 
 
 Sworn, etc. A. B. ((ir E. F.) 
 
 n| 
 
i: ii 
 
 ! i« 
 
 844 
 
 DIVISION cor I! IS ACT. 
 
 ((t-i 
 
 7^ i 
 
 ^ 
 
 !l I: 
 
 f ! 
 
 /', 
 
 X. 
 
 v^ **- ■/--—. > y, ,« 
 
 y. 
 
 r. 
 y. 
 
 ?. 
 
 o 
 
 i 
 
 >', 
 
 ;<" 
 
 ^ i 
 
 !^H 3 _• 
 
 v: . 
 
 
 i >'. ' 
 
 X, 
 
 
 I> 5 
 
 ^CW 
 
1(1 U.MS. 
 
 \\'> 
 
 'H; affidavit for attachment AC.AINST AliSCONDlNCi 
 
 DEBTOR. 
 
 (If nuiiU' after suit coniiiK-ncfd insert Ktylo of Couri and rauM'.) 
 1 A. B.. of the \n llu' County of im' 1. i'^- F., uf 
 
 i.tc. agrni foi' th.- said A. 1'.., of etc.). i.iake .lath and sny: 
 1st. 1 iiat C. D., of (or late of) in the county of 
 
 is justly and truly indebted to nie (or to ilie said .\. H.) in the 
 sum of dollars and cents, (tlio aniouni liciv slated 
 
 musi not exceed $100 or be less llum $1. li tl'.e claini is for a 
 sum in excess of $100, such excess must '- abandoned, unle.-s 
 the claim be for the recovery of a debt or m.uiey dtnuind the 
 amount or balance of which does not exceed $200, and the 
 amount or original amount of the cUiim is ascertained by the 
 signature of the defendant. See sections Tn and 21','. li.":.) on a 
 promissory note for the payment of didlars an.' 
 
 cents, made by the said C. D., isayable to me (or the si.lu A. B.) 
 jit a day now past; 
 
 Or for goods sold and delivered ■ 
 
 Or for goods bargained and sid;i 
 Or for crops bargained anil sold 
 Or for money lent 
 Or for nnaiey paid for the said C. D. 
 
 Or for and in respect of my (or the said A. B.) having re- 
 linquished and given up to and in favour of the said C. D., at 
 his request, the benefit and advantage of work done and ma- 
 terials found and provided and moneys exp nded by me .or the 
 ^•aid A. B.) in and about the farming, sowing, cnltivaung ana 
 improving of certain land and premises; 
 
 Or for the ttse by the said C. D., by my permission (or by 
 „.e permissi.m of the said A. B.) of messna.^es and lands ot me 
 (or the said A. B.) 
 
 or for the use by the said C. D. of pasture land ef nu- (or 
 the said A. B.) and the eatage of the grass and herbage thereon 
 by the permission of me (or the said A. E); 
 
 Or for the wharfage arui warehouse room of goods deposited. 
 stowed and kept by me (or the said A. B.) in and upon a whari 
 warehouse and premises of me (or the said A. B.) for the satd 
 C. D., at his request; 
 
 i 
 
 l)y me (or the ['aid A. 
 !*..) U) the said C. D. ; 
 
 f 
 
 ii 
 
 ll 
 
 
 M 
 
I I 
 
 • m" ■: 
 
 1 
 
 316 DIVISION torilTs Alt. 
 
 Or for horse meat, stabling, care and attoiid 
 
 and bestowed by me (or the said A. U.) in feedi 
 
 liorscs for tlie said C. D. ai his r 
 
 anee provideil 
 ng and keeping 
 
 equesl; or for woriv done and 
 
 nuiteriais provided by me (or tlie said A. li.) for the said C. I 
 at his request; 
 
 Or for expenses necessarily incurred by me (or the said A 
 
 li.) in attending as a witness for the said C. I) 
 
 at his request, 
 
 to givi' evidence upon the trial of an action at law th 
 
 iug in the 
 
 Court, wherein the said C. D. 
 
 vn depend- 
 
 and one E. F. defendant. 
 
 Or for money received by the said C. D. f( 
 the use 11' ilie i-aid A. 1!.); 
 
 Or for money found to be 
 
 was p!ai:itiff 
 
 ir my use (oi- for 
 
 due from the said C. D. t( 
 
 1 me on 
 
 an account stateii between us (or to the said A. 1? 
 
 on ;:n ac- 
 
 caiise of action, stating 
 
 count stated between them) (or otlier 
 
 the same in ordinary and concise language). See form mitr 14 
 
 f<ir causes of action in matters of debt or contract. 
 
 2nd. 1 further siy that 1 havi 
 
 good reason to believe, and 
 
 do verily believe that* the said C. D. with 
 
 intent and 
 
 defraud me (or the said A. B.) of 
 
 -ign to 
 
 my (or his) said debt, hatli 
 
 absconded from this Ptovince, leaving personal property liable 
 to seizure under execution for debt in the said county of 
 
 (Or instead of matter between the asterisks.) 
 
 The said C. D. is attempting to remove his pers lual pr.i- 
 perfy liable to seizure under execution for debt out of thi.i Pro- 
 vince, or from the county of to the county of 
 in this Province; with intent and design to defraud me (or the 
 said A. P..) of my (or his) said debt; (or the said C. 1). keeps 
 concealed in the county of in this Province to avoid ser- 
 vice of process) with intent and design to defraud me lor the 
 said A. i3.) of my (or his) said debt. 
 
 3rd. That this affidavit is not made l)y uie, nor the process 
 thereon to be issued, from any vexatious or malicious motive 
 whatever. 
 
 Sworn, etc. 
 
 A. U. 
 
 
FOUMS. 
 
 3 IT 
 
 27. AFFIDAVIT FOR ATTACHMENT AGAINST AN AB- 
 SCONDING DEBTOR WHERE THE DEBT IS OVER $l(to. 
 
 (Iiia^Tl title of Court ami style of cause.) 
 
 Commence as in the preceding Form (2r.). 
 
 Insert after the words " indel)ted to me (or the said A. B.)," 
 in the sum of one hundred and dollars (or two hun- 
 
 dred d(dlars) for principal money on a promissory note tor tlie 
 luihuue due on a promissory notf^ made l)y ilie said C. D.. 
 whereby he premised to pay to me (or the said A. B.) or beiror 
 the sum of $ Mt a day now past. (If thi' note is payaljle 
 
 to order, substitute for the foregoing words "or beai'ev," the 
 wt.rds '-or order") which note was duly transferred (or en- 
 dorsed) to me (or the said A. B.) and is now due and riai)i.;d. 
 
 [If the debt is a money demand other than a promissory 
 note, state it according to the fact, as ii Form Vlu)]. bm add 
 that the amount of the said debt (or money demand) or the 
 original amount, or the balance due (hereon does m.t exceed 
 $200 for principal money and has been ascertained by tlie s^ig- 
 nalure of (he said C. D. (or of B. K.. th.' person whom a-^ e;:e- 
 cutor (or administrator) the said C. 1). represents). ICon.icio at- 
 in the 2nd and 3rd paragraphs of the next preceding Fnrra.] 
 
 (See section 70). 
 
 2S. AFFIDAVIT OF SERVICE OF SIMMONS. 
 (Cnmmence as in Form 22). 
 
 I, Lachlin Weir, bailiff of the First Division Conn of the 
 county of Oxford (or of the said Court, ur of the Third Division 
 Court of the county of Kent) make ..a.th and say. th:u 1 did. on 
 the day of '8 . duly serve tue abovp 
 
 named defendant with a true copy of the summons, no'lces and 
 warnings therein and endorsed thereon, and the ivvticulars of 
 
 i 
 It-, 1 
 
 iiii 
 
 ■1 
 
 Al 
 
 
i;;:' 
 
 I 
 
 .lij 
 t'flii! 
 
 11 
 
 318 
 
 DiNisioN corirrs aci". 
 
 claim tlirrowith in this onuso, Ijy (lelivcriiiK llic suiie i,i r,«; 
 
 .1 o «3 a; d 
 
 T* S-* !• j;; '■*■ 
 
 - i w — 
 
 2 - T 6^ _^ S 
 
 T ~ -:: „ c 1 
 
 •r r S o o K 
 
 r ;; - c ^2 
 
 Mlly to tlic said drfondant, (.or defiii- 
 dants,) (or it' Ijiil one t^erved, " to C. 
 
 I)., one of tlie sjiid defendauh 
 
 (I'l' ii 
 
 ■::: c 
 
 r: - 
 
 - t: c -tf "H ^• 
 
 Sworn, etf. 
 
 (lie service was nol isersonal, stale 
 how and on whom served.) by deliver- 
 ing the same to his wife, or to his 
 servant, or to one Henry lloe. who is 
 a grown i)er>()n and an inmate of and 
 at the defendant's dwelling honse or 
 usual place of abode, trading or deal- 
 ing (see section t*!) of the Act), and thai 
 1 necessarily travelled miles 
 
 to make such service. 
 
 •-5 a "-■ 
 
 5'|^ 
 
 Z^ fV 
 
 ~ T ffl 
 
 TTt 'S r4 
 
 Z n 
 
 3 "s 
 
 V- 
 
 w 
 
 IJailiff. 
 
 (Or. this form may be used when the allldavit is endor.ied ou the 
 
 summons). 
 I swear th.-it this summons and clai!ii therewith wer: 
 
 >rv( d 
 
 by me on the 
 
 (lay of 
 
 ))y (hdiveiing a Iriu' ctn'.v 
 
 of both, iiersonally, to the defendant, (or to (he v/ife or s-rvant 
 of the defendant, or to Henry Roe. a grown up person being an 
 inmate of. and at thi' defendant's dwelling-house, or usual place 
 (;f abode, trading or dealing), and that 1 necessarily iravelled 
 miles to do so. 
 Sworn, etc. 
 
 V W— , 
 
 ISailiff. 
 
 NM5.— This affldavit must not be prepared in a perfunctory 
 v.ay. In all cases it mtist hi> prepared by (he Clerk and .villi caie. 
 as (o i(s corectly and amply complying with the st;i(ut(> in eveiy 
 respect. 
 
 2!». AFFIDAVIT OF SFRVICP] OF SUMMONS ON AN A15- 
 
 SCONDING DEBTOR HY LEAVING COPY, ETC.. WITH 
 
 PERSON DWELLING AT HIS LAST PLACE 
 
 OF ABODE, 
 
 (Commence as in Form 22). 
 
 1. 'i'hat I did on the d;iy of A.D. 18 , serve 
 
 fnaming him) the iibove-named defendant in this cause with the 
 
KnUVS. 
 
 :)[\} 
 
 witliin (or "annexed") summons, notices and warnings Uievein. 
 and tlie i)articulars of ciaim liierewitli in iliis cause, liy "leliviT- 
 Ing a true copy of eacli to and leaving tluni wiiii (naming tlie 
 leison), at tlie last pUuc oi" abode in liiis Province, ni ilie ;!l)0ve- 
 iiamed defendant, and that at the time (if such service the siid 
 (naming the person to wluim papers delivered) was dwelling at 
 the defendant's said last place of abode, and that T necessarily 
 travelled miles to make such service. 
 
 Sworn, etc. 
 
 CO. .AFFIDAVIT OF SERVICE OF SUMMONS ON AN Al'.- 
 
 CONDING DEBTOR F-Y LEAVING COPY, ETC., AT 
 
 LAST PLACE OF ABODE OR DWELLING 
 
 OF DEBTOR, NO PERSON BEING 
 
 THERE FOIND. 
 
 (Commence as in Form -2). 
 
 1. That I did en the day nf A.D. U , 
 
 serve (naming hiiii) the above named defendant in tins cau-e 
 with the within (or "annexed") Summons, Ncuices and Warn- 
 ings therein, and the particulars of claim therewith in this 
 catise,* by leaving a true copy of each at the last place of abi de 
 and dwelling of the defendant in this Province, and that at the 
 time of so leaving them there, no person could be there found, 
 ami that I necessarily travelled miles to make sm h 
 
 service. 
 
 Sworn, etc. 
 
 Iirl 
 
 31. AFFIDAVIT OF SERVICE OF SUMMONS ON AN AB- 
 SCONDING DEBTOR BY LEAVING COPY, ETC., Ar 
 HIS LAST PLACE OF TRADE OR DEALING. 
 
 (Commence as in last Form down to asterisk* and proceed). 
 
 P'y delivering a true copy of each to and leaving them with 
 (naming the person) at the last place of trade and dealing of the 
 above-named defendant in this Province, and that at the time of 
 such service the said (naming the person served) was dwellins^ 
 at the defendant's said last place of trade and dealing, and that 
 I necessarily travelh'd miles to make such service. 
 
 Sworn, etc. . 
 
11 
 
 ■ 
 
 i 
 
 f' ■ 
 
 1 if 
 
 _ 
 
 ! 
 
 
 1350 DIVISION' (orilTS ACT. 
 
 32. AFFIDAVIT OF EXECUTION OF CONFESSION. 
 tCumnience as in Foi-ni 22). 
 
 I. CUik (or bailiff) of the Division Court in 
 
 the rounty of (cr of tlio said Court) make oath and say, 
 
 that I saw liio above (nr annexed confession) duly e.Kecuted by 
 tile defendant, and that I am a stibseribing witness thereto and 
 that I have not received, .and that I will not receive anything 
 from the iilainliff or defendant, or any othei' person, except my 
 lawful fees, for tiikin^ such confession,, and that I have no inter- 
 est in the dem.-ind, sought to be recovered in this aetidii. 
 
 X. Y. (or V. W.) 
 
 Sworn before me, etc. 
 
 33. AFFIDAVIT FOR .TIDG.MENT SUMMONS, UNDER THE 
 PROVISO CONTAINED IN SECTION 235. 
 
 (Title (if Court and style of cause). 
 
 I, , of the of 
 
 and I'rovince of Onlai'io, 
 
 , in the County of 
 , make oath and say: 
 
 1. That I iim the above-named piaintiff (er " the solicitor 
 or agent " fur the above-named plaintiff (as the cate may be) 
 in this cause. 
 
 2. That jud.gment was reco-.ied in this cause on the 
 
 day of . in tlie year of our Lord, 189 , for the sum of 
 
 dollars, debt (or "damages" or "costs," as the case 
 may l)e), and the sum of dollars for costs of suit, and 
 
 that the whole (or dollars, " part ") of the s:iid Judg- 
 
 ment lemains unsatished. 
 
 3. Th.-tt I believe C. D., the defendant, sought to be exam- 
 ined hfrein. is able to pay the amount due in respect of the said 
 judgment, or some part thereof (or "that C. D., the defendant, 
 sought to be examined herein, has rendered himself liable to be 
 committed to gaol i.i.l.r the Division Courts Act.") 
 
 Sworn, etc. A. B. 
 
F')1!M,S. 
 
 \VA 
 
 :H. aF1<M1)AVIT against A .IlDCi.MKN T I)I::irr()U I XhlOll 
 
 SECTION 23tt. 
 
 (Insert title of roiirt nnd style of fiuise). 
 
 1, A. 15. , of in the /'oun'y nf merchant, nnlio 
 
 (laih and say as fdlh.ws: — 
 
 1. Tlial I am the plaintiff (or the M)licilor or a,t;eni of iht^ 
 plaintiff) in this cause, and have a (erion;',} la:o\vUclge of the 
 facts hereinafter s-et forili. 
 
 L'. That the plaintiff recovereil jndfjnient ••painst the defen- 
 dant ill th.is caiu-e on the day cf A.D. 18 , f r r tie 
 si;m of dcUars, and cents, whidi is still wholly 
 (or pnilly) di:e and unpaid (st.ate how ninch). 
 
 ?,. That the defendant was siinuiioni'd and examined as a 
 
 .ludgment ('ehtor tin the day of A. D. IS , npnn the 
 
 application and at the suit of being a crrdilor of the said 
 
 defendant, (or if of this plaintiff then state it) and after 
 
 his said eyannnatinn was dischaigi'd by the .Indge. 
 
 4. Thai the defendant resides in the County of 
 
 5, 'ihat the follnwing facts which were not then before tlie 
 Conrt, npon the said examination, have aince come to my know- ' 
 ledge (here state the facts). 
 
 t). That the said defendant did not at ili(> ■-aid examinali'in 
 make a fnll disclosure of the estate, effects and debts bec.i'iso 
 (here state in what respect the defendant did not make tuch 
 disclosure) and the reasons for making this st;iten.ent are (heio 
 fully state the reasons of the deponent for making the alli'ga- 
 tiqn). 
 
 Or, instead of the foregoing paragraphs. Nes. 5 and C, slate: 
 
 That since the said examination the s:>id defendant hath 
 acquired the means of paying the said judgment or some part 
 thereof (here state what the means were, and how the dt'ponent 
 is aware of the facts stated as to the defi'udant having acquired 
 such means"! 
 
 '4 
 
 I 
 
 Sworn. . ic. 
 
 A. B. 
 
 my, 'I 
 
 ■' ii 
 
ill 
 
 ilii: 
 
 Wmm 
 
 >!ll 
 
 5132 
 
 l»l\IS|(».\ <'()( KIS ACi'. 
 
 d:>. AFllDAViT Ul-' EXECU-nOX OF ANY INSTUUMEXT, 
 
 (Title tif Court and style of cause). 
 
 1, O. v.. of the, etc, 
 
 ni;il\" oath and say lliat on tin 
 
 (lay of A. I). IS , I was pri'sent and saw CI. H. 
 
 and K. h. (as the ease may be) duly sign and execute the annex'jd 
 award (nr bond or other instrument). 
 
 'That 1 know the said i)ersons who so signed iind ex,.. lUed 
 the said and 1 am a subscril)ing witness to tin' , \ei u- 
 
 tinn of the same by tliem r- spoctively. 
 
 Sworn, etc. 
 
 3i;. Al'^ri DAVIT FOR REVIVAL OF .IFDOMEXi" 
 
 Cl'itle (if Court and style of cause). 
 
 T. A. 
 
 County of 
 
 15. of the Of , in the 
 
 . yeoman, make natli and say as I'ollows:— ^ 
 
 1. O'! the 'lay of A. D. 18 ,1 :vcovered 
 ii .iudgmont of this Court against the .'iljove-named defendant f-.r 
 $ debt (or damages), and $ costs of suit. 
 
 2. X(i part nf said moneys so recovered has boon ],aU\ nr 
 satisfied, and tiie said judgment rem.ains in full foi'( e (or. tb" 
 scm of iiart only of said moneys has bren paid, and lh(> 
 judgment remains in full force as ti» the residue of the said 
 moneys so recovered thereby). 
 
 3. I am entitled to b.-ivo execution of the said judgmont and 
 to issue execution thereuiion for the sum of $ . as I veri'y 
 telieve. 
 
 Sworn, etc. 
 
 Memo.— If the affldavit be made by the plaintiff's attorney or 
 agent, make tlie necessary a.lterations in the above form and 
 Jidd— 
 
 4. T .•1111 the duly authorized attorney (or agent) of the plain- 
 tiff in this matter, and have a. personal know'.edF-e of the facts 
 herein set forth. 
 
 Sworn, etc. A. B. 
 
37. AFFIDAVir OX APPLICATION OF EXKCriOR ()I{ aU- 
 MINISTRATOR TO REVIVE A JFIJCIMEXT. 
 
 (Insert tillc of ("ouit iind siylc (jf cMiihe). 
 
 1, Aaron I'arr, of, otc, niako oalli ami say as follows: — 
 
 1. On tho (lay of A. 1). is . thr i)laintin', ikiw 
 (lo( ' iscd. recovered a judgment of this Court against the dofe;;- 
 <iant abovc-namod for $ dobt, and $ costs of suit. 
 
 2. 'I hat no iiart of the said jiidsnicnl so recovered lu s been 
 jiaid I r satisfied, and the said .indgnienl remains in ftill lorce (or 
 thi' sum of $ iiart only f.f the said moneys, has itcfu ptiid, 
 and the saiil judgment remains in full forc(> f( r the r<'sidre). 
 
 ;;. That 1 was (or Cliai'hs I'ox. of the Town of in the 
 
 County of yeoman, was on the day of IS 
 
 duly appointed the exeeutor (or administrator) of the pidi)i'rty of 
 the said dect ased ])laintiff. 
 
 4. That I am, as sueh executor (or administrator). einH'pi 
 for the said Charles Fox as such executor or administrator is 
 entitled) to have execution of the said judgment jind to have 
 execution issued thereupon, as I verily believe, fur the sum 
 of $ 
 
 Sworn, etc. A. 1?. 
 
 •,!S. AFFIDAVIT FOR REVIVAL OF .IFDOMENT AGAINST 
 AN EXECUTOR OR ADMINISTRATOR. 
 
 (Insert title of Cotirt and style of cause). 
 
 I, Aaron Barr, of the Town of St. Mary's, in the County v.f 
 Perth, yeoman (if the affidavit be made by the plaintiffs solicitor 
 or agent make th(> necessary alteration), make oath and say as 
 follows: — 
 
 1. On the day of , A. D. 18 , T recovered a 
 judgment of this Court against the above-named Ceorgc Ray- 
 n.ond. since deceased, for $ debt, and $ eosts of suit. 
 
 2. No part of said moneys so recovered has been paid or 
 satisfied, and the said judgment remains in full force (or " th- 
 
 ikiii 
 
 Mil 
 
 I 
 
 r'l 
 
 ■"^;;M)| 
 
mi 
 
 DIVISION' ((trifis .\« r. 
 
 sum ot* , part only of tlio s;ii<l nionovH lias hcc ii piiil, ami i!ic 
 jndgnient irmains in t'lili force as to the residue of ih • saiil 
 r. onrys sn rcooverccl tlierphy.") 
 
 3. That William Mnsli, of I lie Township of Woodhoiis ■. in 
 Ihp Comity of N'nrfolls, yoonian, was duly apixdiited tlii' uxfouior 
 (or administrator) of the pioiicrty of tlio deceased. 
 
 4. I (or " tho said i)laiiitiff") am fUtitliMl i > have cxcuiio'i 
 of tho said jiidgnKMil, and to issue cxccutiini lliireniion for th ■ 
 sum of $ as I verily holit've. 
 
 Sworn, etc. A. IV 
 
 39. AFFIDAVri^ INDICU SECTION LMT (AS AMKXDKI) BY 
 
 SECTION 24, DIVISION COURTS ACT, ISS'.t) FOIl 
 
 Fl'RTHER I'ROCEEDINas WITHOFT A 
 
 ,iri)C,FS ORDER AFTER TRAXSCRl P'l' 
 
 TO FOREIC.N COl'RT, 
 
 (Title of Court and style of cause). 
 
 m^ 
 
 (Commence as in other affldavits). 
 
 1. That the judgment rendered in this cause remains iii- 
 >-atified in wh(de (er in part, as tho case may be, shewing how 
 i.iuch remains unpaid). 
 
 2. That an execution issued out of the Division Court of 
 tho County of to which a transcript wa.i issued from this 
 Court, has been returned nulla bona [or that I bidiove the defen- 
 dant has not sufficient goods in that division to satisfy th' said 
 judgment). 
 
 (Jurat and conclusion as in other affidavits). 
 
 40. AFFIDAVIT OF DISBURSEMENTS TO SEVERAT. WIT- 
 NESSES. 
 No. 18 . 
 
 (Title of Court or style of cause). 
 
 ! : ; 
 
 I, C. D., of make oath and say: — 
 
 1. That T am the above-named defendant in this cause, and 
 
 I, A. B., of the above plaintiff (or C. D., the abov^ 
 
 defendant, or E. F., agent or solicitor for the above plaintiff or 
 
 defendant) make oath and say: — 
 
 « 
 
I'oli.MS. 
 
 Hoi' 
 
 i 
 
 i 
 
 1. That the si'voral porsons whoHC nanios ;iro nicniinii. il in 
 1h«' first column of ihe schfdiile at the f«n)t licrcof were lUM'ssary 
 anil material witnt'sscs on my behalf (or on behalf of ih" said 
 plaintiff or defendant) and it ended at the sittinss of this Couit 
 on the (lay of as wltneHscs on my l)eliah' (or on 
 behalf of the said defendant or plaintiff) and tliai ihey diil uii 
 attend as witnesses in any other canse; (if oilicrwise state ihi- 
 facts). 
 
 2. That each of the said witnesses neci s-arily travelled in 
 going to said Court and attending the ?aid trial the number of 
 miles, respectively, mentioned in figures in the second coli'.mn of 
 Ihe said schedule opposite to the names of each of tlu' said wit- 
 nesses, respectively. 
 
 :?. That each of the said witnesses was necessarily nl)si'nl 
 from his (or her) home in order so ttt attend the said trial the 
 number of days set forth in the third column of the said s.he.lul" 
 opposite the names of them respectively. 
 
 4. That the several and respective sums of money monrionod 
 in figures in the third column of the said schedule, opposite to 
 the names of the said witnt sses, respectively, have been paid by 
 me tor by the plaintiff or defendant) to the said witnesses, re- 
 spectively, as in the said schedule set forth for their attendance 
 iiml travel as witnesses in this cause. (Conclude with Jurat as 
 in other afTidavits). 
 
 A. R 
 
 HcuKDi-iao Ui:i-i:iUiEiJ to in tiik FouicdOiNo Aikii>\vit. 
 
 Names of Witnesses, j Miles. Absent from home. 
 ~^ 1 ' ;> ! 3 
 
 yunis paid. 
 i 
 
 Note.— Where the party seeks to be allowed his own exp?n- 
 ses for attendance, he must swear both that he was ;< nrces-ary 
 and material witness on his own behalf, and that he would not 
 have attended the Court except for the purpose of givi:ig 
 evidence in the case. 
 
 iiif 
 
 41. FORMS OF OATHS. E i C. 
 (a) To a witness at the trial who swears upon the Bible: 
 " The evidence yon shall give to the Court (and jury sworn) 
 touching the matters in question between the parties, shall bo 
 
 y if 
 Ml 
 
 r.< 
 
i\ji\ 
 
 hlNlsKt.V <'ol'l!TS \rr. 
 
 the irulli, llio wholo initli iiiul nidlung Imt lli.' ;rmh. So hcli) 
 y»iii ("uil." 
 
 ill) 'I'd 11 witiicsK wliu swi'iirs Willi uplillcil luiU'l: 
 
 Add to llic forrnoiiiR iil'lir tli<' lust \V( rd 'liuli." iiiul ibis 
 
 yoii do swi'iu' ill liii' iirescncc id tin' cvi rliviiif.' ( o I. :ind .-is yoii 
 
 shall answer to (lod ai tlii' ^:^^.lt jiiil;iii,iil day. Si. ludp ymi 
 (!od." 
 
 (' ) To a .I(\v: llo is to ho diir-iKil to (civir li's li ad, 'he 
 Pontjiii IK li is to 1)1' n|(>iii d and iiI.hmI iir'.'oi'c liini, thii i roc oil 
 US ill tlir lirsl I'm 111, only iiial\" ii.u (d' tin' luunc " .Ifdiovah " 
 instead of " God." 
 
 ('/) To a tiuakfr, Mcnoiiisi or TiKiki'i'. or mpnil)i>r of th ■ 
 (liiiKli known as tli(> I'nitas Kiatnmi or I'liilcd Hrrtlircn or 
 other jierson allowed by law to afllrm: 
 
 The witness is to he dire(l(d to repeat his name, aftor the 
 clerk, and the following: " I, K. L., do snieniiily, sineeitdy and 
 truly (h'cdare and affirin that I am one of the socdety called 
 Quakers," (or Menonists, Tunkers or rnit.as Fratnim or 
 Moravians, iis the (aso may he). alKr which, the afl'irnuint 
 repeatinp; his nan.e, 1, K. L.. (\i\ sidenmly, sincere'y jind truly 
 afTirin and declare that the i videiice I shall give to this Court 
 touching the matters in (luestion, etc." 
 
 (f) To a person referred to in R. S. O. (ISST). cap. 01, sec. \?,: 
 
 I, M. N., do solemnly, sincerely and truly afhrm and dtnlaie 
 that the takinp; of an oath is, according to my religious belief, 
 nnlawful; an(i I do alf-'o soleipnly, sincendy and truly athrm and 
 declare, etc. (jis in Form d) aliove. 
 
 (/■) To an interpreter (wliero witne--ses cannot speak Enejish. 
 or are deaf and dumb, or dumb). 
 
 "You s-hall truly inteiprcl between the Court (the jury), th"' 
 pprties in this cause, and tiie witnesses produced. So help yo;i 
 God." 
 
 (,'/) To jury called hy parties: 
 
 "You and each of you s-h.ill well and truly try the matter?; 
 in difference between the i\nrties, do justice between them 
 according to the best of ycur ;dnll and ability, and a true vrr- 
 dict give according to the evidenctv So help yen Ccd." 
 
 I 
 
 ■iH 
 
I'OHMS, 
 
 tii) I 
 
 I 
 
 (//) Ti» jury cullftlby the .TiKlKf; 
 
 "You and «uch nf yi)ii ^lKlll w.l! and tnily try ili" inctn 
 f.,uln»vi'rtc(l In this eiiiiae bflwt'i n ilic iiartio.-, and a true v^-rdii'i. 
 j.,ive accordluK to the evidfiu*'. So In Ip you (lod." 
 
 (i) 'I'o a defendiini who appears upon a juiluni.'nl sunuiions: 
 " Yuu bball Hue answers make to all such (lUfslinns as shall 
 he put to y..u touching tiie suhjut, uimn which yon liav.> liecu 
 now Kumnuined to sippear lor < xaniination, aiul wliat ynu shall 
 v'ate respecting the same shall lie the truth, tlu' whole truth and 
 nnthing but the truth. Ho help you Cod." 
 
 (/■) To the (ifflcer wlm conduits a retiring juror nut ot Court: 
 " You shall retire with such jurors as have have of absence 
 from this C.uirt, you shall not speak to them yourself, in re- 
 lation to the subject of this trial. n(U' suffer any pcison to speak 
 to them, and you shall return witli th.in without unnecessary 
 delay. So help you God." 
 
 (A) To the officer when the jury retire to ei.n.^ider th< ir 
 verdict: 
 
 " Y(Ui shall ktep every pers(Ui sworn on this jury in sonu- 
 private and convenient place without meat or drink: you sh;ill 
 i„l suffer any person to speak to them, or speak to tlunn your- 
 lelf. ex(eid, to ask them whether they h'o-ve agrepd un their 
 verdict. So help you (Jod." 
 
 (/) To a deponent or allirmant making an affidavit or allirma- 
 
 t'.on: 
 
 •' You do swear (.u- affirm) that the contents ..f tlik- allhlavii 
 (or allirmation) to which you have subscribed your lanie (or 
 made vour mark) are just and true. So help you (iod." (Or 
 "and so you solemnly, sincercdy and truly decluie and alLrm. ') 
 
 (m) ..ATH T.) UE AUMISU^TKHKU Tu NVlTNL;Sri UV A lUUl HAT. 'U OH 
 
 UMPIUK. 
 
 The evidence which you shall give before mc as arbitrator 
 (or umpire) touching the matters in difference, shall be the truth, 
 the whole truth, and nothing but the truth. So help yai God. 
 
 (;,) jruAT T.. Ai-Kii.AviT nv ii.i.rrKKATK OK !U.iNi> i.i:roN.-NT. 
 
 Sworn by the above-named deponent, A. B., at 
 ,ne county of . oil . , and I c-ttifv that the aOldavit 
 
 '(., 
 
 i'i'.il 
 
I 
 
 :ioH 
 
 DIVISION' CoriiTS ACT. 
 
 was fii'i^t lead in my i)i'esi'iKe to 5?ai(1 A. B., who sceiaetl perfectly 
 to undPi'stand the same, and wrote his signature (m- made his 
 mark) thereto in my presence. 
 
 X. Y., Chrk. etc. 
 
 Or as the case may b*-\ 
 
 ('/) AKI'II.MATION HY QUAKERS. i:TC., .\.N1) .ITHAT Tin:i;i:Tn. 
 
 (Insert title of Court and style of cause). 
 
 I, A. B., of , etc.. do solemnly, sincerely and truly 
 
 declare and affirm that I am one of the society called Quakers 
 (or Menonists, Tunkers, I'nitas Fratrum or Moravians, as the 
 case may be), and I do solemnly, sincerely and truly declare and 
 afPrni as fellows, that is to say (state the facts). 
 
 Solemnly affirmed at ) 
 
 in the county of 
 on , before mo. ' 
 
 X. Y., Clerk, etc., 
 
 Or as the case may be. 
 
 A. B. 
 
 42. AFF^IDAVIT ON APPLICATION TO CHANGE THE YEN IE. 
 
 (Insert title of Court and style of cause). 
 
 I, C. D.. of, make oath and say: — 
 
 1. That 1 am the above named defendant in this cause, and 
 was served with the summons herein on the day of in- 
 
 stant tor las" past). 
 
 1. That I intend to defend this suit; that I havt a good de- 
 fence to this action upon the merits; that the cause ef action 
 herein did not wholly arise in the division in which this actum is 
 brought, and that the witnesses for the defence (or Fome of tht^ 
 \>-itnesses for the defence) reside within tlM' division in which I 
 resided (or carried on business, or resided and carried on busi- 
 ness, as the case may be) at the time this action w.-is brought, 
 lamely: (here set out the names and residences of such witnesses) 
 End that the application to be made herein is not to be so made 
 f «r the purpose of delay. 
 
FHl'.MS. 
 
 ;kv.) 
 
 :>, 'Uial at the tinio this n'l'-in was s-o lirought 1 rosidod (or 
 (.■n-ned on Misine^s. or rcsidr,! and carried on l.usinosi^, as th- 
 case nniv hv) within the limits ..f tlu' IMvision ("ouit lui 
 
 the Countv of . and ;hat ihr r...xi two sittin^is ..f ih.> said 
 
 l,st mentinn.d Court will be ludd on th. (h.MV uivo th. 
 
 dat..H iiarticularly and it possible iho hour of opening of the 
 Court) and that 1 desire to have this car. -e transferred to that 
 Court, and tried at one of such sittings. 
 
 C 1). 
 
 ■ Sworn, etc. 
 
 [Should the affidavit be n!ad.> by one .if several defendants, 
 or by a solicitor or agent, it can Ije easily adapted. 1 
 
 
 CiAKMSllKKS. 
 
 43. AFFIDAVIT FOR ORDER TO GARNISH DEBT 
 
 (Insert title of Couil and style of cause). 
 
 I, A- 
 
 of 
 
 y . nf the of iu the county 
 
 the plaintiff in this suit (if the affidavit be made 
 
 hv the plaintiffs solicitor ov a^n-nt make the neeessaiy alterath-n). 
 make oalh and say that judgment was recovered m ih.> c^nis^ 
 against the above-named defendant en ihe day ot 
 
 IS f..r the sum of $ debt und costs (or according v^ the 
 
 jndgment. in case the .iudgment has been transferred -o another 
 Court here state the fact.) That the .aid .iu.l.;men, remains 
 wholly unsatisfied (or that $ , part iheieof. yet remains un- 
 satisfied). 
 
 ■1 hat 1 have reason to believe, and d.. believe, that E. F., who 
 is residing at . ^vithin this Province, is (or if the p.vson 
 
 indebted to the defendant be not known say "that one or more 
 persons who are residing within this Province, whom I am un- 
 ,M, ,0 name, are") indebted to the defendant in tu. sum of 
 $ (nr if the amotini be unknown say " in an amount which 
 
 I a.m unable to name.") 
 
 Sworn before me at the 
 in the county of 
 r!av of A.D. 18 
 
 of 
 
 ) 
 
 this 
 
 B- 
 
 m 
 
V i-l' 
 
 El 
 
 iC 
 
 * 
 
 30) 
 
 J)ivi?^iux cornrs act. 
 
 44. GENERAL FORM OF HEADINCx AND CONCLUSION OF 
 AFFIDAVITS IN GARNISHEE PROCEEDINGS. 
 
 Jii the Fifth Division CoKit of the county of Hiant. 
 I'i'twFfii A. 1].. I'liniaiy Crtditor. 
 and 
 C. D., I-riniary Ueljtor. 
 
 and 
 L. I-"., Garnishee. 
 
 I. G. H.. (if 
 
 cotinty of 
 
 day of 
 
 eight hundred and 
 
 before me. 
 
 make oath anl siy: - 
 
 [Signatui'o I 
 
 in thi' 
 . this 
 one thousand 
 
 SI ALMoxsKS .\X!) WAl.'l.'.W'l'S. 
 
 45. GENERAL FORM OF ALL SUMMONSES, SrBIM:\AS. 
 WARRANTS. EXECU'I'IONS, AND OTHER PROCESS. 
 UNDER THE SEAL OF THE COUR'I'. 
 
 No. , A.D. 18 . 
 
 In the First Division Co .:t ni the County of York. 
 
 Between .John Doe, Plaii'Jff 
 
 [Seal. I 
 
 T'o 
 
 Benjamin Franklin, DjfmJant. 
 
 Given under the seal of tie Court: this Fenth Day of liino 
 AD. 18 , 
 
 R. ROE, ChTk 
 
 4 
 
roKMS. 
 
 • > 1 1 
 
 • > 1 1 
 
 4r, In garnislKM. notices aii-l pr.KcP.lin 's. ir'nusson ■. o .1 
 and warrants, etc.. cliango tlu' foregoing (Form 45) as follnws: 
 No. . A.D. 189 . 
 
 In the First Division Court in tlic Cmnly of I'.iant. 
 Between Aar^n Burr, 
 
 Piinary C:eHtt r. 
 
 fSr.l1. 1 
 
 and 
 Charles Uykc 
 
 and 
 Eli Forbes, 
 
 I'rinnu'v D'liniv, 
 
 Carnishee'. 
 
 (NoTi:.-lf another ratty adiled, insert " (Uofrey llobcrls .n. 
 Claimant, added as a party.") 
 
 Dated this ilny (,f . 18 • 
 
 Clerk. 
 
 (Or person sending notici' or making admission or signm^i 
 order.) 
 
 To 
 
 (The rcrson to whom notice is sent.) 
 
 Htl 
 
 47. SPiXlAI, SUMMONS. 
 
 No. A.D. 18 . 
 
 ji^ ,.e Division Court in tl.. County oi 
 
 [Soal ] 
 
 r.etwcen Henry Bray, Flaintiir, 
 
 and 
 ,lohn Nokes, Defendant. 
 To the above-named defcm.nnt: — 
 
 Take noti^e Mmt ^he ab-ve-named l.lain.itT .-.aims fr.uu 
 ,,, doUar.. as shown 1. his particulars or claim hcre- 
 
 luh If the amount of the claitu with lawful costs be patd tx, 
 ;U Clerk of this Cour, v:.hin days f nan the set. ^ < 
 
 hereof r^on yn,. no ..rther proceedings will be taken. 
 

 ;lil 
 
 J3()2 
 
 DIVlSfOX roTTIlTS .\r'T. 
 
 I t 
 
 p -1 
 
 I 
 
 Unless within days jifter tho service cf this summons 
 
 on you you enter with the cleiiv nf this Court a notice in wiitiuK 
 that you inlend to dispute this cljiim, the clerk may enter ju('g- 
 ment at his office and issue execution against yoti. 
 
 In case you give such notice disputing the claim, the cause 
 will he tried at tho sitting of this Court to he held at in 
 
 the said Cunty of next after the expiration of days 
 
 from the time this summons is served on you, and the sit lings or 
 the Court are set forth helow. 
 
 (liven under tho seal of the Court this day of A.D. 
 
 JS 
 
 Ciaiiu f 
 
 Cost^', exclusive of mileage . . $ 
 
 RICHARD ROE, 
 
 Cleik. 
 
 XiiTIOKS A\l> WAIiMXi;;' Tm niv: I iKKKNOA NT. 
 
 Xo. 1. If the defendant disputes the plaintiff's claim, or any 
 part of it, he must leave with the clerk witliin days after 
 
 the day of the service hereof, a notice to the effect that he dis- 
 putes tho claim, or if not the whole claim, how much he disputes, 
 in default whereof final .iudgment may he signed for the Avho'.o 
 claim, or such part as is not disijuied at any time within one 
 month after the .eturn of the summons, without prejudice to 
 the i)]aintiffs right to i'e(ovrr for tlii' icmaincier of the claim. 
 
 No. 2. If the defend.ant desires to set-off any demand or 
 counter-claim against the plaintiff at the trial or hearing of thi^ 
 cau.se. or to take the benefit of any statute of limitations or other 
 statute, notice thereof in writing, together with particulars of the 
 set-off or counter-claim, must he left with the clerk of the Court 
 and served on the plaintiff, or left at his usual place of :!l;o(!e, if 
 he is living within the division, not less 'han five d:iy.s hefoie 
 the day on which the cause will be tried, ;\nd in case the plaintiff 
 does not reside within the division such noti(e and j)articular-; 
 must be left with the clerk for him. 
 
 No. 3. In cases of tort or rophniu wliere the sum or va'u ■ 
 of the goods or damages sought to be recovered exceeds $2ii a:.d 
 in all other cases, where the amount sought to be recoveiKl ex- 
 coeds $30, the defindant may have the action tried by a .itiry l)y 
 giving notice in writing at the clerk's office five days after service 
 of this summons on him, and on payment of fees for summoning 
 the jury. 
 
 W^ 
 
I'd K MS. 
 
 '.\{j:i 
 
 No. 4. On the day of trial tlu' d.'fondant must bring a 1 the 
 b.iuks and uaijevs necessary to prove liis lase or hi any way 
 connected with it or with his transactions with the i.lainlitT. 
 
 No 5. Stimmonses for witnesses and for ih^ production of 
 documents may l)e obtained at the ofiice of tlie clerk upon pay- 
 ment of the proper fee. 
 
 No. (i. The ensuing sittings of the .„, . vill be held as 
 follows, viz.: at o'clock a.m. on Mn. the ''ay 
 
 of x\.D. IS , at o'clock a.m. on ■I'uc.-, , ay, tlie U''> 
 
 IS , etc. 
 (Here may be inserted the tiu.e of one or more subsequent 
 sittings spe.Mfying the hour of the day of the week and .uonlh. 
 plainly written in words at u.H length, an.l not rM-res.^ed l)y 
 figures or contratclions of words.) 
 
 Kn.lorse notice under section iiS (.Form No. 48). 
 
 of 
 
 48. NOTICE REQUIRED TO BE ENDORSED UPON EVERY 
 SUMMONS. r.Y SECTION DS. 
 
 To the within-named defendani: 
 
 Take notice, that in any ••ase in which an order may be 
 made changing the place of trial, application must be mad • laere- 
 for tn the Judge of this Court within eight days after the day of 
 .erv^T hereof (where the service is required to be ten days before 
 .he rett.rn). or within twelve days after the day of such service 
 (^vlu.re the service is required to be fifteen days or more before 
 the n'turn). 
 
 ^i. 
 
 No. 
 
 
 A.D. IS . 
 
 
 
 In the 
 
 
 of 
 
 49. ORDINARY SUMMONS. 
 
 Division Court in the County 
 
 IScal] 
 
 Between Henry Bray, Plaintiff, 
 
 and 
 
 John Nokes, Defendant. 
 
 To the above named defendant: 
 
 Take notice that the above-named plaintiit elaints frotn 
 
 yoti 
 
 notice tnar lue uuuvc-i».«"— • l 
 
 dollars, as shown by his Statement of Claim herewith. 
 
 i-i' 
 
,111, 
 
 tlltll! 
 
 
 
 ; ■_[ 
 
 \\ 
 
 I 
 
 ll 
 
 i 
 
 304 
 
 DIVISION COIKIS ACT. 
 
 Unless within days after the service of this siinimoiis 
 
 on ynii, you enter wiili the Cleik of the Court a notice in writing 
 ihai ydU intend to (lisi)ute the claim it will be considered tliat 
 you have no defence, and the said plaintiff may, at tlie sitiing 
 of this Court next after the expiration of days from the 
 
 lime this summons is served on you, proceed to prove the amount 
 of his claim against you, in your presence or absence. In -aKe 
 you jiive such uctice disputing the claim, the (ause will lie triid 
 at the sitting of this Court to be held at , in the said 
 
 County of . next after the expiration of d.iy5 
 
 from the time this summons is served on you, and the sittings ol 
 the Court are set forth below. 
 
 (Jiven under the seal of the Court this day of A.i* 
 
 18 . 
 
 RICHARD ROE, 
 
 Clerk. 
 Claim « 
 
 Costs, exclusive of mileage.. $ 
 
 Add notices and warnings as in form for special su'ii:\o;is 
 
 (N'o. 17) except N'o. 1. 
 
 I.'iii'.oric n(.ii(e under i-ection 98 (Form No. 48). 
 
 fiU. In case of an action against an executor or administrator 
 where it is intended to charge him with a devastavit add the 
 following suggestion: 
 
 (Commence with form of Summons, as in " Ordinary Sum- 
 mons " but naming defendant as executor or administrator, .-lud 
 adding after the words "against y ui " in the above* and the 
 l)laintiff alleges, that yiui, the defendant, have money, goods, and 
 chattels, which were the in-oi)erty of the said C. I)., deceased, at 
 the time of his de.'ith. and which came to your luinds a> such 
 executor (or a(lministrat(U) to l)e administered; and if not. thai 
 you have withheld or wasted the same. 
 
 51. MEMORANUL'M TO BE PC 1' ON ALL O'lllER Sl.MMONSES, 
 
 On the day of trial the defendant must bring all the books 
 and papers necessary to prove his case, or in any way connected 
 with it or with his transactions with the nlaintiff. 
 
 : 
 
roiiMs. 
 
 ;u;5 
 
 m <aM's of tort or loplcviii wIuto ihr sun. .t vahir of ;hr 
 ^ouds vv (InnntgrB koumIU tc be mnv.ir.i, .xiecis $:u.,m, au.l iu 
 • ill ntluT .asos whei-e Wm' nmoxun sourUi tu In- ivovciv,! ex,. .mIs 
 '«o,,H,n and in all cases of inteii.'.ea-l.'i ih>' deie.uiani miiy hav,- 
 Uie action tried by a jury by piviuji uniicc in writu.^ at .lie 
 Clerk's office (ive days alter s,.rvice of iin> suuhw.mis nu h a.. 
 (,r payment of tcs f.r the (.xiim.^es of the jury. 
 
 anu 
 
 (idC'l- 
 
 Summonses for witnesses and tor the i.rndr.rtion nf d 
 luonts may be (d)taiued at the ollic;' ui^on iMynimi nf ihe proi^er 
 ft>e. 
 
 WMININO TO UK A1V)KI) TO TUF. I'AUTlCrLAR-^ iVd 
 THE WARNlNfiri ON TIIK Sr.MMONS WllKlll': Sli r 
 UflOronT I'NDKU SKCTION 1^\^. 
 
 and tau 
 
 ', ;ont(l tha' 1 --• 
 
 •■ Tlu' defendant is iu.'ornird 
 
 K (insert the name of the b;..e':<ial ilainliff) only ha. 
 
 ,„.vv-n- to dis,hnrj;e this suit, the .ubje: t ma.er thereoi irnvi. « 
 been seized under execution," 
 
 53 SIMMONS TO EXECl TOR OR ADMINISTRATOR. ^MIERE 
 
 Vl MNITFF INTENDS TO APPLY TO THE COPRl , 
 
 ALLEOINC. THAT ASSETS HAVE COME TO 
 
 THE DEFENDANTS HANDS SINCE 
 
 JUDGMENT. 
 
 In the 
 
 (Seal. 
 No. 
 
 ©Tvisir.n Court in the County of 
 
 Eelwi.en A H • Pbi^ntiff. 
 
 nn'1 
 
 A.D. IS . 
 
 (-. T)-~- . Exectitor oe' .idniini-'- 
 
 Trator) of E. 'v. de- 
 ceased. Defendant, 
 
 The plaintiff having learned that property of ;he .-.v 1 ''<- 
 ceased has come to your h.nds as eveeutor ,cr -Injitns^r .t, r 
 since the judgment herein, to he admintst. red and tba 
 Uave ^^•ithheld and wasted the same, intends to ^PPly at jhc 
 sitting of this Court, to be held at ''■' ' "'^ ' 
 
 '' %: 
 
 'I'. 
 
m 
 
 aco 
 
 1»1\IS1(»N' (OntTS ACT. 
 
 rotinty of next, after tlie cxii'.iiuidn 
 
 of (lays from the time this siimmonH is nerved 
 
 on you fur nn order that the deht and costs l)e levied of tlic gomls 
 and chattels of the said deceased, if you iiave so much thereof to 
 l)e administered, and th it if ynu have not, then that it shall be 
 levied of your own pmpcr goods and (diattels. and that th" costs 
 be levied of your proper goods and ch.-ittels. 
 
 You are. therefore, hereby summoned to appear at th ■ said 
 Court, to answer touching the nuitter iiforesaid. The sittings of 
 the Court are set forth beluw. 
 
 Given under the seal of the Court this day of 
 
 IS . 
 
 To 
 
 The abnve named defendant. 
 Add warnings and notices as in the ordinary summon?. 
 Add dates of sittings of Court, 
 And endorse notice under section 9S. 
 
 Plaintiff, 
 Defendant. 
 , A.D. IS 
 
 the 
 
 nt. RCMMOXS TO DRr^EXDANT AFTER ,irnC,MEXr 
 
 Tn the Divisien Court in the County of 
 
 No. , A.n. IS . 
 
 Between A. n. 
 [Seal.l and 
 
 C, D. 
 To the above-named defendant. 
 
 Wherejis on the day of 
 
 plaintiff duly recovered judgment against you in said Court for 
 $ for debt, and $ fnr costs of suit, which remains 
 
 unsatisfied, you are therefore hereby summoned to .-ipiiear at 
 the next sittings of this C(Uirt, to be held at , in the 
 
 said county , on the day of A.D. 
 
 18 , at the hour of o'clock in the noon, to be then 
 
 and there examined touching your estate and effects, and Ihe 
 manner and circumstances under which you contracted the said 
 di'bt (or incurred the damages or liability) which was the sub- 
 ject of the action in which the said judgment was obtained 
 against you, and as to the means and expectations you then 
 had, and as to the property and means you still have, of dis- 
 
r«»itMs, 
 
 ;U)7 
 
 charging the sniil (U-bt (or daniagos m- liability i. ami as lo thr 
 disposal you may have mad*' of any ot your pmiieriy. Aiul lake 
 noiico. that ii yon do not apiirar in ob.ditncp tn this snmmun>. 
 you may. by older of this Court, be eommiited to the .-ommou 
 gaol tif the county. 
 
 tliveu under the seal of the <"onii this day of , 
 
 IS . 
 
 I'.y the Court. 
 
 X Y 
 
 -, Clerk. 
 
 Amount of judgment . . 
 Costs of this summons. 
 
 In the 
 [Seal.] 
 
 No. A.IJ. IS 
 
 [Stamp.] 
 
 5.5. JL'DGMENT SUMMONS AF'rEIl DEFAULT. 
 
 Division Court in Uie County of 
 Hriwecn A. U. • I'laiutiff, 
 
 and 
 (J. B, ■ , Dofendant 
 
 Whereas at the sittings of the Court (or of. etc.). liol^'eu at 
 tlie in the town of "f ^ • '" 
 
 Ihe county of • on the day of 1^^ ■ 
 
 th.« above-named plaintiff obtaim d a judgment against you tor 
 Ihe sum .d- $ for I'ebt. l:esides inter, s: thereon, .-i-nl 
 
 I costs to be paid , and which .aid judirment 
 
 remained unsatisfied. 
 
 And whereas by a summons bearing dal^^ the day 
 
 qJ , is , you were summoned to npi)ear at ili" 
 
 sittings of this Court, holden at the of . In 
 
 the county of , "" Hie 'l'^>' "^' 
 
 18 , at the hour of of the cl.,ck in the forenoon. 
 
 ,o be then and there examined by the .Judge of the said Court 
 touching vour estate and effect... and the manner and circum- 
 Htances under which yon contracted the said debt, which was 
 the subject of the action in which the said judgm.^nt was obtain- 
 ed against y<.u, and as to the means and expectations y.,u then 
 rat the time of contracting) had, and as to the property and 
 means vou still had (at the said last day aforesaid) of discharging 
 the said debt, and ns to the disposal you may have made of 
 any of your property. 
 
 ' And whereas upon your appearing thereto, and up.m exam- 
 iraticn ..nd hearing of both parties (or of you, and the evidence. 
 
 I . 
 
 ii 
 
 i t 
 
^»l 
 
 I'llli 
 
 itii li 
 
 ' if 
 
 ' h 
 
 MB 
 
 DIVISION' <nri!IS A'T, 
 
 if ;m,vi. it appeared ti> tlio satlafiu'tion of the s.iid .IikIkc, that 
 you I hen hail (or had since ilic Jinlgnient obtained against yon 
 (as tlH' (Mse may be), snfllcient nirans and ability to i)a>- th" 
 tuid di'bt and tho interest tlierenn and costs so recovered against 
 you: atid the siild .IndRe did llieii and llieif order and direct lliat 
 you !-hould pay to the said plaintiff ilie sum of $ dcl)l. 
 
 and inteicst llu n accrued, and $ costs, and also 
 
 I (osis of tile saiil lasi mentioned summons, to 1m> 
 
 paid as folh)\vs, that is to s;>.\, tlic sum of $ to 
 
 le paid en tlie ilay of . IS , the furlht r 
 
 sum ul $ '" '"' !'■''*' *'" ""' ''''^' 
 
 of , is . oi' f(U'i!!\vitii (us iIh' (ase w.\\ ])<■). 
 
 And wiiiTeas tlie plainlilT alif.Ufs tluit you lia\i' not paid 
 ijio iind instaluK nts of each, 
 
 (or the said sum:-) i-o ordered to be imid. 
 
 Y(ui are tberefore herol)y summoned to app«ar at tlie next 
 siltinps of this Ciuirt, to be holden at tlie Itt 
 
 llie town of in 'he co\inty of , on 
 
 the day of 18 , iU tho hour of •>!' 
 
 tho clock in the forenoon, to be then and there examinr'd iiy the 
 .liuige of the said Court touchins your estate and effects, and 
 the manner and circumstances under wliich yiu contr.uted th' 
 said debt, which was the subject of the action in wiiich the 
 said judgment was obtained against you, and , - to the means an<l 
 expectations you then had, and as to the property and means 
 yon still have, of discbarging the said debt, and as to tlie disposal 
 you have made of any of your property, and as to the reasons 
 why you have not paid t(» the plaintiff tlie said and in- 
 
 stalments of each, of the said delit, so ordcu-ed to 
 
 be paid by yon, as last above mentioned and recited, i)ursuant to 
 the said order of the Judg(\ 
 
 And also to show cause why you should not be committed to 
 the common jail of the county for not complying with th - said 
 order of the said .Judge. 
 
 Given under the seal of the Court this day 
 
 •Of 18 . 
 
 By the Coun, 
 
 X Y . 
 
 Clerk. 
 
 .Amount of judgment ? 
 
 Amount of instalment 
 
 Cost of this summons 
 
 i 
 
 1 
 
m^ -w 
 
 InliMS. 
 
 .WO 
 
 5(1. SUMMONS AT INSTANCI-: OF CI.HUK I'Oli I'.\YM1:N l O'' 
 KICKS INDKlt SKC'I iON ..:.. 
 
 (Insert llile ul' ("niiii and >\\\i' <il' laiisf; if iiioiu lausc-;. than 
 one, Hlalr ilu' (jllni>). 
 
 LSeal.J 
 
 'I'o till' aljovi'-nauK'd i)laintift' *t,r to X CI ): 
 
 ■|lic clrrk of this Conn di'mamls nf yo\i llio sum ><i ;? fur 
 
 iht' Ices and costs of this suit, and you aif iiucliy suinnioi'fd ic 
 bo and appear at the next ;-ittinK <'l' this Cuiirt to lie hiddiii ul 
 (as (lie casi" may hv) in the auid runnty of . on Monday, 
 
 ,1„. day of , A.l). IS , at ilir lioiir of lo 
 
 o'cloclx In liic fnrtMioon, tlicn and llu rf to sliow causi' wiiy ynn 
 should not i)(" ordfri'd by tho ,!udK<' lo pay liu' ^-aid ffi's and 
 (osts, a slaii'mcnt of wliiih is In'icunio annrxcd: uiid wliirli, 
 according to Iho provisimi id' tlu^ r.lili section of 'I'lic Division 
 Courts A'-t, were payable in tlie lirst instance l)y you, but wliicii 
 you did not pay. 
 
 In tlie (>vent of yotir not so !ii)peafing and showing ca>ise 
 why y(.u shouhl not pay the same forthwith, or of your not iiay- 
 ing the sanu', an order of the .liidge will l)e obtained and issued 
 agiiinsi you, under the a^th section o, th" Act. directing;- you to 
 pay the same to the clerk, wliicii will l)c fnllnwed and .iifdired 
 by execution iigainst your goods ••ind chattels, or by <uch other 
 ways and means as any debt or damages ordered by the Court to 
 be paid can be recovered. If you i)ay the same before the sittings 
 of the Court, no further costs will be incurred th.in tie' costs of 
 this summons and the bailiff's fees for s. rvice hereof and 
 
 mileiige. 
 
 (Conidude as in other sumnions"S). 
 
 Jnd.H'.-'. 
 
 daN 
 
 [Sea 1.1 
 In the 
 
 .57. SrM?*IONS TO .JCRORS. 
 
 Division Court in the County of 
 
 You are hereby summoned to appe.ar and serve as a juror 
 
 the day 
 
 in this Court, to be hoUlen at 
 
 I..C.A. •-'! 
 
 OU 
 
 
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 1.8 
 
 
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DIVISION <'(il'lt'l'.S ACT. 
 
 of , A.D. 18 , at the hcur of 
 
 not at your iiciil. 
 
 GivfU inul'.T the seal of the Court this 
 
 Of . 1^ 
 
 a.m.; horoin fail 
 (lay 
 
 X. Y. 
 
 Clerk. 
 
 58. SUMIMONS TO WITNESS. 
 
 (Insi'rt title of Court and style of cause). 
 [Seal.] 
 
 You are hereby required to attend at the sittings of the said 
 Court, to be holden at on Tuesday, the 7th day 
 
 of July, A.D. 18 , at the hour of in the forenoon, to 
 
 give evidence in the above cause, on behalf of the above- 
 named [and then and there to have and produce 
 
 Given under the seal of the Court this i'-ty 
 
 (state particular documents required) and iill other papc's relating 
 to the said action in your custody, possession or power.] 
 
 of 18 • 
 
 X. Y.. 
 
 f|'o Cleik. 
 
 59. SUMMONS TO \Vi'''NESS TO APPEAR BEFOUE 
 ARBITRATOR. 
 
 (Insert titU' of Court and style of (ause.) 
 [Seal.] 
 
 You arc hereby required to attend before the 
 
 Arbitrator (or Arbitrator.s) to whom this cause stands referred, 
 nt on the day of A.D. 
 
 18 , at o'clock of that day. being the 
 
 time and place appointed l)y the said arbitrator for a meeting 
 upon the said reference, to give evidence in the above cause on 
 behalf of the aliove-named [and tln'ii and there to 
 
 have and produce (state the particular documents required) rnd 
 all other jnipers relating to the said action in your custody, 
 i ijssession or power.] 
 
 Given under the seal of the Court this day of A.D. 
 
 18 . 
 
 X. Y., 
 
 To Clerk. 
 
I'OltMS. 
 
 371 
 
 GO. A'.TACIIMEXT AC.AINST AN AByCOXDING OH RE- 
 MOVING DEBTOR. 
 
 To A. B., biiiliff of the nivisioii C'cnirt in Iht- couniy 
 
 (if (or to A. I'.., a constable of the cuunty of , as the 
 
 cast' may be.) 
 
 Yon arp hereby conimiindod to attach, seize, tal\e and safely 
 keep, all the personal estate and effects of C. D. (naming the 
 debtor), an absconding, removing or concealed debtor, of what 
 nature or kind sopvor. liable to seizurp under execution for a 
 debt within the county of (here name the county), or a sufficient 
 portion thereof to secure A. B, (here nanip thp creditor) for the 
 sum of (here state the amount s\v<irn to be due), together with 
 the costs of his suit thereupon, ;ind to return this warrant, to- 
 gether with an inventory and appraisement of such property as 
 you shall have attached, to the clerk of the (here suite the num- 
 ber of the division) Division Court in thv county aforesaid tortli- 
 v.'ith; and herein fiiil not. 
 
 Witness my hand and seal (or the seal of the said Court) 
 the day of . one thousand eight hundred and 
 
 [Seal.] 
 
 X Y , 
 
 Clerk (or .Justice of the Peace, as the case may be.) 
 
 m 
 
 1IK1MJ-:\!N, 
 
 t;i. AFFIDAVIT TO OBTAIN .TUDGE'S ORDER FOR WRIT 
 
 OF REPLEVIN. 
 
 Division Court, in tlu' county of 
 
 make oath and say 
 
 in the 
 
 County iif , > J .^ 13 _ of 
 
 To wl! : ' 
 
 1, That I am the owner of (describe property fully) at pre- 
 fer nt in the possession of C. D.; or that I am entitled to the 
 immediate pos..ession of (describe property) as lessee, (bailiff or 
 agent) of E. F.. the owner thereof (or ?s trustee for E. F.), (or 
 as the case may be) at present in the possession of C. D. 
 
 P ; I 
 
372 
 
 DIVISION' COl'liTS .\f"|". 
 
 2. 'l'h;it the s;il(l goods, flinttcls and lifi'sonal i)nip('rty aro 
 of the value of dollars, and not exceeding sixty dollars. 
 
 3. That on or about the day of , the said goods. 
 chattels and personal property were lent to the said C. I), lor .i 
 period which has expired, and that although the said goods, 
 chattels and personal property have been duly demanded t'loni 
 the said C. D., he wrongfully withholds and detains the same 
 from me, the said A. B., or, that on or about the dny 
 of , the said C. D. fraudulently obtained pcissession of the 
 said goods, chattels and personal property by falsely rvpreseat- 
 ing that (here state the false representation) and now wrong- 
 fully wiihholds and detains the s;inie from me, or, that the said 
 goods, chattels and personal property were on the day 
 of distrained or taken by the said C. 1). under color tif a 
 distre^d for rent, alleged to be due by me to one E. V.. when in 
 fact no rent was due by me to the saiil R. F. (or as the ease may 
 bo, setting out the facts of the wrongful taking or detention 
 complained of with certainty and precision). 
 
 4. That the said C. D. resides (or carries on business) at 
 , within the limitr, of the Division Court, in the 
 
 county of , (or that the said goods, chattels and personal 
 
 property were distrained), (or taken and detained), (or (h'tained) 
 at , within the limits of the Division Court, in the 
 
 county of 
 
 Sworn, etc. 
 
 I 
 
 G2. AFFIDAVIT TO OBTAIN WRIT OF RFPLEVIN WITH- 
 OUT JUDGE'S ORDER, IN THE FIRST INSTANCE. 
 
 The first four sections may be as in last form, except that 
 the third section must show that the property was wrongfully 
 taken out of the possession of liie ••liiimant, or was fraudulently 
 got out of his possession, and it will not be sufficient to show 
 merely a wrongful detention of the property, and the following 
 must be stated in addition: 
 
 5. That the said personal i)roperty was wrongfully taken 
 (or fraudulently got) out of my possession within two calendar 
 months before the making of this affidavit, that is t-u say, on 
 the day of last. 
 
 iiK- , 
 
1''(>I!MS. 
 
 'M:\ 
 
 6. I am adviseil and bdievo that I am cniiikd to an order 
 for the writ of replevin now n\n)\U'i\ for, and I have Kcod reason 
 to api'i-t'h^^"'^ P-"'^ ^^^ apprehend that nnh-ss the said writ is 
 issned without waiting for an order, the delay will materially 
 prejudice my just rights in respect to the said property (or if 
 the properly was distrained for rent or damage feasant, the 
 statement given in the last specific allernative under the Srd 
 clause of the above form will be sufficient to obtain the writ 
 without order). 
 
 G3. CLAIM IN REPLEVIN. 
 
 Xo. , A.D. 18 . 
 
 i„ tliL. Division Court, in the county of 
 
 A. 13.. of , states that C. D., of , did on or Jibout 
 
 the day of , A.D. 18 , take and unjustly detain (or 
 
 detain, as the case may be), and still doth detain his goods, chat- 
 t(ds and personal properly, that is to say there set out Ihe de- 
 scription of property), which the said A. 15. alleges to be of the 
 value of dollars, whereon he hath sustained damages, and 
 
 the said A. B. claims the said properly with damages on this 
 
 behalf, as his just remedy. 
 
 A. B. 
 
 ! \ 
 
 04. SUMMONS IN REPLEVIN. 
 
 Xo. , A.D. IS . 
 
 1,1 ,ii,. Division Court in the county of 
 
 [Seal.] 
 
 To Henry McPhail, the bailiff of ilie said Court, and to 
 
 John Nokes: 
 
 You. the said bailiff, are commanded that without delay you 
 do take the security required by law and cause to be replevied 
 to Henry Bray his goods, chatttds and personal property f.dlow- 
 ing, that is to s.ay: (here set out the description of tlie property 
 as^'in the affidavit filed) which the said Henry Br.ay alleges to 
 be of the value of $ (here set out value as in the atfidjivit 
 
 filed), in order that the said Henry P.ray may have his just 
 reniedv in that behalf. 
 
 n 
 
;J71 
 
 DINISIoN ('((IJtrs A< r. 
 
 ,, I 
 
 And yon, the said Jolin Nokes, iirc hereby rcquiroil to lake 
 notice that a statement of the claim of tlie said Henry IJray is 
 hereto annexed, and tliat unless within days after the ser- 
 
 vice of this summons on you, you enter with the clerk of this 
 Coui'l M notice in writing lluit \i)u iutenil to disi)ute the claim, 
 it will be considered that you have no defence, and the said 
 Henry Bray may either cause judgment to bo entered against 
 you by default for $2 and costs, or may at the sitting of this 
 Court to be held at next, after the expiration of 
 
 (lays from the time this summons is served on you, pi'oce mI in 
 the same action in the same manner as if you had aiipeaied and 
 had a<lmitted his right to the ixtssession of the goods. 
 
 The days of sittings of the Court are set forth below. 
 
 Given under the seal of the Court the day of , IS 
 
 DAVID I'.. .lOXES. 
 
 Clerk. 
 Cl;iim for return of goods and damages $ 
 Costs, exclusive of mileage $ 
 
 
 MAItM.NG. 
 
 If you claim a right to the pusse ;un of the goods by reason 
 of any claim which you may have to urge mu'.ev iiuy stitute. 
 or to take the benefit of any Statute of Limitations or other sta- 
 trite, notice thereof in writing must, not less than five days be- 
 fore the day on which the case will be tried, be left in 'he oHice 
 of the clerk of the Court and given to the said plaintiff, or left 
 at his iisual place of abode, if living williin the division, and in 
 case the said plaintiff does not reside witliin the division, such 
 notice shall be left with the clerk for him. 
 
 Ensuing sittings of the Court will be held as follows, viz.: 
 At 10 o'clock a.m. — 
 
 'I'uesday, the 9th day of .January. 18 . 
 
 'i'uesday, the <Jth day of March, 18 . 
 
 ( Here may be inserted th(> time of one or more subsequent 
 sittings.) 
 
 Add memorandum (Form ijl.) 
 
 Endorse notice, under section 98 (No. 48). " 
 
FOUMS. 
 
 875 
 
 C5. REPLEVIN BOND. 
 
 Know all m.-n by these pivsents that w.'. Honvy lU-ay. of 
 etc Robert Li«slie, of. etc., and Horace Kilborn. nf, eic, are 
 jnintly an<l severally held and bound to Henry McPhall, bailiit 
 „f the Division Court in the count ..f , in lh,> n.m 
 
 ^^j ^ to be paid to the said bailiff or his certain attorney, 
 
 'executors,' administrators or assigns, for which payment, to be 
 well and truly made we bin<l ourselves, and eacli and every ..f 
 us in the whole, ..ur and each and every of our h.-irs, .'xcutois 
 and administrators, firmly by these presents, sealed with our 
 seals, and dated this day of , A.D. IS . 
 
 'rh.> coudith.n of this .d)ligation is such that if the .-.b.-ve 
 bounden Henry Bray do prosecute his suit with effect, and with- 
 out delav, against .lohn N.d<es for thi" taking and unjustly de- 
 taining (nr unjustly detaining, as the case may be), of his cattle, 
 g.ods and chattels, to wit: (her,> set forth the property dis- 
 trained taken or detained), an.^ do make a return of the said 
 propertv if a return thereof shall be adjudged, and also do pay 
 such damages as the said .T.dm Nokes shall sustain by reason ot 
 the issuing of the writ of replevin, if the said Henry Bray tails 
 to recover judgment in the suit (if the goods were not taken 
 under distress for rent or damage feasant, and if the case comes 
 under the provisions of Rule No. . here insert), au.l shall 
 
 also indemnify and save harmless the .aid .lohn Nnkes Irom 
 all loss and damages which he may sustain by reason ot the 
 seizure and of any deteriorath.n of the property in the mean- 
 time in the event of its being returned, and all costs, charges 
 .,nd 'expenses which the said John Nok.'s may incur), and tur- 
 ther do ..bserve, keep and perform all orders made by the .Judge 
 in the suit; then this obligation shall l)e v.dd, or else .ema.n 
 in full force and effect. 
 Signed, sealed and delivered \ ^ ^- ^ • 
 
 „ I (\j. b.) 
 
 in the presence of ' ,t C2 \ 
 
 i1, 
 
 ¥ 
 
 Gt3. FORM OF ASSIGNMENT TO BE ENDORSED. IF RE- 
 QUIRED. 
 
 Know all men by these presents that I. Henry McPhall, 
 bi.iliff of the Division Court in the count ot , 
 
 have at the request of the within-nam.ed John Nokes (.the de- 
 
H7() 
 
 DIVISION (oiitrs Acr. 
 
 fcndant) assigned over this lepU-vin bond unto the said .lohu 
 Nokes, pursuant to tlie rule in such ease made and provided. 
 
 In witness whereof I have hereunto set my hand and seal 
 this day of . A.D. 18 . 
 
 Signed, sealed and delivered • [Seal.] 
 
 in the presence of , t 
 
 G7. BAILIFF'S UETIRN TO WRIT OF REPLEVIN. 
 
 In the Division Court in the count of 
 
 Between Henry Bray, Plaintiff, 
 
 and 
 
 J(din Nokes, Defendant. 
 
 In pursuance of the Division Court Rules in that behnit, I 
 have taken from the said plaintiff a bond conditioned as by the 
 said rules required, made by him, and two sureties, namely, 
 Robert Leslie, of the village of Kemptville, in the county of 
 Grenville, and Province of Ontario, Esquire, and II'"'-, ice Kil- 
 born, of the village of Newboro', in the county of eeds and 
 Province of Ontario, Esquire, which bond bears date the 
 day of , LS . ;ind is witnessed by S;iiniii'l McCammon, of 
 
 the town of Gananoque, in thi' county of Lee(W, I'^siinire. And 
 by virtue of the annexed writ to me directed, 1 have sei'/;cd and 
 delivered to the plaintiff the goods mentioned in said writ, that 
 is to say: (here describe the goods by number, quantity and 
 quality: |or if only a \f\vi had been repbvii'd, say. a ijution of 
 the goods in the said writ mentioned, that is to say (here de- 
 scribe them), and I cannot niak<' re])'evin of the residue ;if said 
 goods, namely (shortly describe them), as by said writ com- 
 manded, by reason of the same having bi'cn lemoveil or carried 
 out of this county by the defendant (or as the case may be], 
 dated the day of , 189 . 
 
 Hen y McPhal', 
 
 Ba'liff. 
 
FOltMS. «>'< 
 
 68. INVENTORY OF GOODS URPI.EVIICU. 
 
 In the Division Curt, in the cmmt of 
 
 Between Henry Hrny, Plaialiff, 
 
 iind 
 John NokcH. Defendant. 
 
 An inventory o£ property an.l effo.is by mo this day reple- 
 vi..d in the township of Elizahothtown, in Uie (ounty ot Leeds, 
 by virtue ..f a writ of replevin, issued hy David D. .lones, clerk 
 of the Division Court in the count of , on be- 
 
 half of the plaintiff against the defendant: that i.s lo say (here 
 stale all the urticU'S repknied). 
 
 Dated the day of , 18 ■ Bailiff. 
 
 No. , A.D, IS 
 
 In the 
 Between 
 
 count of 
 
 09. WRIT IN REPRISAL 
 (Capias in Withernam.) 
 
 Division Couvt in the 
 
 Henry Bray, Plaintiff. 
 
 and 
 .lohn Nok.'S, Defendant. 
 
 [Seal.] 
 
 To Henry McPhall, bailiff of thi' said Court:- 
 
 rp;n application of the plaintiff, and it appearing by your 
 return to the writ of replevin issue.l herein on the clay ot 
 
 18 . that the goods, chattels and personal property o 
 , porUon of the go.uls, chattels and personal property, as the 
 a' my be) mentioned in the said writ had been removed o 
 carried [eloigned) by the defendant out of this county so that 
 you could not make replevin of the same. 
 
 Yon are now hereby commanded that without delay you d.. 
 take in withernam (in reprisal) the goods, cl^tt^s an pe.on 
 propertv of the said defendant in this county, to '^^^f"^ ^ 
 th g ods, chattels and personal property by the satd uetend nt 
 be oe taken and do forthwith deliver them to the satd platnttff 
 
U|||l, 
 
 
 H 1 
 
 1 
 
 ffl 
 
 
 J 
 
 ! 
 1 
 
 1 IP 
 
 
 ' ,'' 'il 
 
 ! 
 
 1 1 I 
 
 S78 
 
 iMVisioN ('(iritrs mw 
 
 to bo kopt l)y liiin iiniil (lie said (Icfondaiit dolivers Iho Koods, 
 chattels and personal property last aforesaid to the said plaintiff. 
 And you are hereby further eonimanded that if the said 
 plaintiff shall give security to you air' provided by law for the 
 prosecution of tlie plaiiiiiff's claims and for llie return of the 
 goods, ehatlels an<l i)roi)erty so to be taken in withernam as 
 aforesaid, if the rciurn thereof shall be adjudged, then that you, 
 the said bailiU', do take seeurily with two suUicieni surelies from 
 the said defendant to answer to tiie said i)laintiff for the taking 
 and unjustly (l"taining of his goods, ehalttds and ijcrsoiuil pro- 
 perty aforesaid. 
 
 And you are hereby ftirther romnianded forthwith to make 
 return to the clerk of this Court what yoit shall have doii(> in the 
 premises and do also return tbis writ. 
 
 Given under the sea! of the Court the day of , IS . 
 
 D.WII) 15. .lONES, 
 
 Clerk. 
 
 (;.\!.'\isiii:i;s. 
 
 70. Sl'MMOXS TO C, AKXISIIKI': AND PRIMARY DKHTOR 
 
 AKI'I-m .Jl'DCMKX'r. 
 
 [Seal.) In Divi.^ioii Couit, in the county of 
 
 No. , A.n. IS . 
 
 Between Abialiani Berner, Primary Creditor, 
 
 •-uid 
 Charles Dooiittle, Primary Debtor, 
 
 ;'.nd 
 
 Emery Wheeler, Garnishee. 
 
 Judgment recovered (»n the day of 
 
 Divison Court in the county of 
 
 A.D. IS , in the 
 Amount itnsatis- 
 
 f.ed, $ 
 
 You, the above-named garnishee, and the primary debtor, 
 are hereby summoned to appear at the sittings of this Court, 
 to be held at in the said county, next after the expiration 
 
 of days from the time this summons is served on yoa, to 
 
 state and to show whether or not you. the said garnishee, owe 
 
FOUMS. 
 
 U7!) 
 
 any and wlmt 'l'i)i i<> H"' alx.v.-uunir.l priniiiiy .U.hi.,r, :>u.l 
 why you slH.uKl nol pay 'he same into Court, to the cxloul duo 
 on tho jib..v(-uamr(l ju.lwiii.nl, lo siuiary th.' siiuu'; 
 
 And you, tho said Kainisli.'.". af' h»-nd,y nolithMl th;it Iruni 
 .^,^,, .„„,,: ,,,.. tinu" nf the Hei'vhc of this summ.ms on ymi all 
 debts dui- or a.cruinK due from you to the iibove-naniel C ')., 
 are atlaehed, and if you pay the sanu. to any one other ihau to 
 the person hohling the proper onb'r to re<>..ive the same, nr 
 into t'ourt, you will be liable t.. r.'pay >t. in ease the Court nr 
 Judge so order. 
 
 And you, the said primary debtor, and garnishee, are hereby, 
 severally, reciuired to take nollee lluit if any or either of you 
 deshTs to srt up any statutory or other defence .,r any s<i-olf. 
 or to admit any liability of any ..r eith.'r of you. in wh .le nr in 
 part, for the amount elaimed in this action, you must lilc with 
 the clerk nf this Court the particulars of such def.-nc or .et-off, 
 ,„• an admission of the amount due or owing by any or either 
 of vou (US the case may be), wiihiu eight days after service on 
 you respectively of this summons. In the absence of any notice 
 of such defenc.' or set-off the .Judge may, in his .liscretion, give 
 judgment against ynu. or either of ynu. 
 
 Vou. or any one interested, may also show any other cause 
 why the said debt should nol go to satisfy the said judgment. 
 •jhe sittings of the Court are set fnrth below. 
 Given, etc. (close ms in Form IT.) 
 
 ! 1 
 
 .\( /ii('i;s 
 
 AM. WAKNM.Nd T< > O A K.S l^'l iKl ■: ANO I'Kl.MAKY UUUTUU. 
 
 No 1 The primary debtor, the garnishpe. and all other par- 
 ti..s\n anv way interested .u' lo be affected by this proceeding, 
 are entitle.l to set up any defence, sot-off. or countei-claim. as 
 between the primary creditor an<l the primary d(d)tnr, which 
 the latter would be entitled to set up in an ordinary acli-.n, an 1 
 also anv defence, set-off. or counter-claim as between th garni- 
 shee and the primary debtor.-and may also show any other 
 just cause why the debt sought to be garnished should not be 
 paid over or applied in or towards satisfaction of the claim of 
 the primary creditor. 
 
I 
 
 m 
 
 11 ii 
 
 ;)80 
 
 DIVISION col Hi's \( r, 
 
 NiiH. 2, 3, 1 ami •'. AiM waniliiKH luinibpi'od 3, I, r» n»<l fl iis 
 sliowii In Fonii 17. 
 
 No. (1. Kmluisi' lint ice as (lircctcd l).v hccIUiii S»S in Foiiii 48. 
 
 No. 7. McnioiaiKluiii in l''niin 71 as iriiiircd by hccIio i 177, 
 in cii.'^cs wiicro (Icbt soukIiI to be gaiiiiHlitMl 1h for waRcs or 
 Halaiy, lo be a.il(I( d lu'ic, unless includi'd in parUcnlars of claim. 
 
 71. ME.MOK.WnrM I'N'nKU SKCTION 177 OI-' THE DIVISION 
 COI'U'I'S .\("l' IN' .\ (i.NUN'ISIlHE Hl'MMONS. 
 
 (1) 'I lit' i)riniary d('l)tnr rcsjdos at the (iiy of I'aniilton, in 
 the IM'ovincc of Ontario, and liis (icciipalinn in tlic scrvico of the 
 Kill nil- liccs is tli:it of an enKine-di'lver (nr ;ik tiie case may l)e) on 
 tlie railway of the jj;ai'nishees (tlie (hand Trunk Ilailway Com- 
 pany of Canada) :ind is nccupied as sucdi on said railway be- 
 tween ihe citi(>s (if 'I'nronto and Hamillon (.or as the case may 
 be). 
 
 (2) 'I'lie debt allegiMl (nr if after judgment " adjudged") to be 
 due l)y the pi'iniary debioi- to the jiriinjiry ci'c'ditor was incurred 
 for board or lodging. 
 
 7J. KIM.MOXS TO PRI.MAKY DEDTOR (BEFORE JUDGMENT) 
 
 AND GARNISHEE. 
 
 (luscit title of Court and style (if cause as in Fdrm 4C.) 
 
 [Seal.] 
 
 N(i. , 18 . 
 
 'I'be i)iinKiry crcdildr clainis from the i)rimary dcldor the 
 amount of tlie annexed account. 
 
 You. the ahdve-niimed lu'imary d(>bt(ir, are liereby summoned 
 to apiiear at tlie sittings of thi^ C. urt, to lie held at tlie Court 
 House, in the City nf St. 'IMio;,ias. in the said counly of Flui'i, 
 ne.xt aft r the exjiiratiiin of d.ays from the time this sum- 
 
 mons is served on vdu at the hour of (rclock in the fore- 
 
 noon to answer tlie primary creditor who sues for the recovery 
 of the annexed claim; and you, the garnishee, are requiie'l to 
 appear at the same time and place t(» state and show whether 
 or not you owe any and what debt to the primary debtor, and 
 
I nIt.Ms. 
 
 ani 
 
 why you should noi p.'iy thi' Hamc into rnuii. lo th.' (Aicnt nf 
 t'lio primniy cn-ilitorH chilin. lu s;iilHtii(tl..n thpn-nf; ami lak<' 
 noticf tlKit if i<iiy ( !• I'iihn- of vnii dcsin' to s.m up ;niy siatiiluiy 
 or olhcr ilcri'ucc, or any sct-olT, m to ndiuii ilir lial)ility of any 
 ,„. ,.iii„.r til' v.,n in wliole or 1) pail for the amount (laiinnl in 
 IhlH action, you shall tilt' with ilu' ch'ik of this Couii th." par- 
 liculars of such ddVun- or Hot-off, of :in admission of lh<- amount 
 due an., owiuK' hy any or oiihcr of you iihin cii ht days aftor 
 service o'l you, respectively. ..f tliis summons. Vou ;ind all otIi.MS 
 interested may also show any other .use wliy the .leh; owin^' 
 from the ,';arniKhee should not he paid and applied to saiisly 
 the Bald claim of the primary creditor. 
 
 The sittings of the Cdurt are s. i rnrlii helow. 
 
 Given under the seal of tlw Court, day of A.l), 189 . 
 
 ALRX. McliUlDE. 
 
 Clerk. 
 
 Claim ^ 
 
 Costs of summons, excdusive of ndleatte. $ 
 
 w.xuM.Ni: Til i',.\un;shi:i",. 
 
 To the ahove-named Garnishee: 
 
 Yon are herrhy notllii'd that from and after thr time of the 
 service <>f this summons on you all dehts due or aecruins due 
 fnmi you to the above-named primary debtor 
 are attached, -o-id if you pay the same In .any other than to the 
 person holding the proper order lo receive the same, or inln 
 Court, you will be liable to repay it in casr the Court nr ,ludge 
 (■() (irder. 
 
 WVUNINii TO I'KIMAIiY "I'.e.TnK A N" 1 1 ( ! A KNISH I'.I". 
 
 Here add notices, warnings and endorsements a.s recpiired by 
 Form 70 and days of sittings of Court. 
 
 73. .irDOE'S A'l"r.\C!IIXn OKDER. 
 
 In the Divisidu Court in the county nf 
 
 Between A. 1!.. IMaintiff. . Judgment entered in the 
 
 .,„,! -nivision Curt in the county of 
 
 C. D.. Defendant. - on the day of 
 
 ' A.D. 18 . 
 
 tr 
 
 "(■ 
 
 'Mi 
 
 1 ! ' ■»! 
 
382 
 
 j)i\'isi()N' corurs Af'i', 
 
 Amount 'insatisflcil $ 
 
 On applitiition of the plaintiff, and tiixm reading liis affidavit, 
 [or Iho affidavit of A. B., his solicitor (or "agent," as Ihe case 
 may be,)] it is ordered that all debts now owing to the defen- 
 dant from E. F. or from any part.\ in this Piovince, wlieth. r 
 due, or aooruing due, be and the same ;ire hereby attached, to 
 satisfy the judgment in this cause. 
 
 Dated tht 
 
 day of 
 
 , A.I). IS . 
 
 Add warning as in next form. 
 
 Judge. 
 
 7;!'/. WARNING TO GARNISHLE. 
 
 To K. F. and all others, Garnishees: 
 
 You .-nv hereby notified that from and ;ifter the time of the 
 service of this order on you, all debts due or accruing due, from 
 you to the above-named C D., are attached, iind if you pay the 
 same to any one other than to the person holding the piop»>r 
 order i.. receive th<> same, or into Court, you will be liable to 
 repay it, in case the Court or Judge so order. 
 
 73//. GLERK-S MEMORANDUM ON NON-APPEARANCE OF 
 
 GARNISHEE. 
 
 Under Consididated Rule of Supreme Court of Judicature 
 
 No. 943.) 
 
 Memorandum. 
 
 I, X. Y.. clerk of the Division Court in the with'n 
 
 order named, attended this day of , IS , at the i)lace 
 
 within mentioned, from o'clock in the imon t'as the 
 
 case may be) till past in the noon (as the case may Ije) 
 
 of the same day. :ind the said J. K. (garnishee) did not ap-u'.ar 
 before me according to the said order. 
 
 X 
 
 Cierk. 
 
I'oltMS. 
 
 .SB3 
 
 ME 
 
 MORANDU.M el' ADMISSION' (JF UHBT, WUICN SI'jXEU liY GAIiNlSilKE. 
 
 Menioranclura. 
 Oil this 
 
 day of 
 
 18 , the within namod 
 
 (Garnishee) appeared Ijel'ore me a. cording to the witliin order, '^ 
 and admitted that he was and is indebted to tlie within named 
 G. H. (jndgnienr debtor) in tlie sum of $ (if tlie whole debi 
 
 be not admitted, add, "and no nioie."j (If the garnishee be 
 willing to sign the admission, add " and signed the subjoined 
 admission in my presence "). 
 
 X Y , 
 
 Clerk. 
 
 I, ,j. K. , within named, admit that there is a. debt 
 
 of $ (If the whole del)t be not admitted, '.uld, " and no 
 
 more") due from me to the within named (judgment debtor.) 
 
 J. K. (Garnishee signature). 
 
 .Mi:Mi)HAM'rM, \viii:i;i: (•..\I!N1siii:i-; im;mi:s iii:r.T. 
 
 On, etc. (as in previous form to the asterisk'^), and disputes 
 the debt claimed to be due from him to the within named 
 
 (.Judgment debtor). 
 (If the garnishee be willing to sign the denial of del)t, i'.d 1, 
 "and signed the suujoined denial of d(>bt in my pres(>nce.") 
 
 X. Y. 
 I dispute the debt claimed to be dtie from ir.e lo 
 
 within named. 
 
 J K . 
 
 (Garnishee signature). 
 
 74. F^ORM OF AFFIDAVIT OF SERVICE OF GARNISHEE 
 
 SUMMONS. AFTER .irDGMENT. ON THE AGENT OF 
 
 A BODY CORPORATE. rxniMl SECTION isj 
 
 OF THE ACT. 
 
 (Title of Court and style of cause). 
 
 ''(, 
 
 T. A. R.. of 
 1. That 1 did on the 
 serve G. H. 
 
 etc.. make oath and say as follows: 
 
 day of 1^ • •'"'^' 
 
 with a true roiiv of th" vi'h'n 
 
 ! M 
 
' i^ I 
 
 s 
 
 
 
 
 
 
 1 
 
 J 
 
 I 1 
 
 
 1 
 
 1 
 
 
 
 1 
 
 ! 
 
 
 i 
 
 Ml 
 
 'J! 
 
 a^4 
 
 DIVISION conns ac r. 
 
 (or annexed) s^\ ir.irons, noiiti'S, niemoraiulum, or warnings 
 Iheri'in iind thereon, In this Lause, by tlelivering the samu to the 
 said G. H. personally. 
 
 2. That al the linie of such service the said G. H. was the 
 agent of the abovo named garnishees at (name of place), and that 
 at the said time lie as such agent had an oflice at (name of place), 
 that snch oHice wob at the time of said service within the limits 
 of the Division Court of the county nf , and 
 
 that I necessarily travell<'d miles to make such service. 
 
 Sworn, etc. 
 
 75. FORM OF AFFlD-WI'l' OF SFRVICE OF GARNISHEE 
 
 SUMMONS liFFOUF .II'DGMFN'!' ON TMl-: AGENT 
 
 OF A ItODY CORPORAIF I NDFR SECTION 
 
 185, SIU-SECTION 2. 
 
 Commence as in Ft)rm 74 to end of paragraph (1). 
 
 2. That at the time of such service the said G. II. was the 
 agent of the above-named garnishees at (name of place), and that 
 at the said time he as such ;ig('nt, had an oflbi^ at (name of 
 place), and that I necessarily travelled miles to make 
 
 Fuch service. 
 
 Sworn, etc. 
 
 7G. BOND UNDER SECTION I'JG. 
 
 (Conimencement and conclusion same as in r(>pleviu bond except 
 
 that the bond must be to the clerk by his name of odlce, 
 
 conditioned as follows.) 
 
 Whereas, in a certain garnishee proceeding under the Division 
 Courts Act. wherein the said A. B. is primary creditor, C. I), 
 primary debtor, and E. F. garnishee, a certain debt of $ due 
 
 from the garnishee to tlie iirimary debtor, has been garnishf d 
 to answer the debt of the primary creditor, and whereas the .Tudft' 
 of the said Court acting under th(> irtGth section of the said Act. 
 ordennl thiit upon payment of the said debt by the garnishee 
 fo the primary creditor, security should be given by or on behalf 
 
Foli.MS. 
 
 ys5 
 
 of the primjiry croditjr for the repayment thereof intu Court 
 l;y the primary creditor. Now the condition of this obligation 
 is such that if the aljove bounden A. JJ. do pay into Court th ^ 
 faid debt, in case a proper order shall be made for such repa>- 
 ment, within five days after notice of such order, then this 
 (ibligation to be void, else to remain in full force. 
 (Close as in replevin bond Form 65.) 
 
 ]\ii.\i'n:s OK jri)(;.MKN"r in PRocKDriM-: jiuok. 
 
 77. OP jrUG.MENT AGAINST DEFENDANT FOR DEl'.T 
 
 OR DAMACEhl. 
 
 Judgment for the plaintiff* for $ and $ costs; 
 
 to be paid in days (when an excess has been aijandoue.l, 
 
 ;.dd, being " in full discliarge of his cause of action set fonh in 
 the claim "J. 
 
 * Add, "On verdict by jury," if such be the fact. 
 
 7S. OF JUDGMENT UNDER SECTION 109 OF THE ACT. 
 
 The defendant, having been served with " Special Summons," 
 r.nd p.-irtitulars of claim, and not disputing same (or "not dis- 
 puting $ part thereof), it is adjudged that plaintiff recove/ 
 $ for debt, and $ costs. 
 
 R. ROE, 
 
 Clerk. 
 Dated day of , 18 . 
 
 79. ORDER FOR IMMEDIATE JUDGMENT UNDER 
 
 SECTION 111. 
 
 Upon hearing and upon reading the affidavit 
 
 <:f filed and 
 
 It is ordered that the plaintiff be at liberty to have the clerk 
 of this Court enter, and the clerk is hereby empowered to enter 
 final judgment in favour of the plaintiff against the defendant'" 
 
 * If desired, the amount fcr which judgment is to be signf^d 
 may be stated here in.stead of words in brackets. 
 I'.cA.— 25 
 
 
I 
 
 886 
 
 DIVISION COrHTS ACT. 
 
 (for the amoinit of tht' plaintiffs debt (or money demand) sought 
 to be recovered in this iietion, as appear by the partl'julars of 
 ch'iirn. endorsed on (or attached to) the special summuuo herein, 
 with interest, (If any), and costs to be taxed. 
 Dated the day of 18 . 
 
 Imlae. 
 
 SO. JUDGMENT U.\DER SECTION 311 
 
 Commence as in Form 78 to the words " claim " inclusive, 
 then proceed— and disputing same (or some part therettf, as the 
 case may be) and the plaintiff having made application to the 
 .ludge for an order for judgment, as provided by section 111 of 
 the Act. and upon due notice to the defendant, the Judge, on 
 ihe day of , A.D. 18 , made an order em- 
 
 powering the clerk to sign I'.nal judgment herein for the amount 
 of the debt (or money demand) set forth in the said particulars, 
 together with interest and costs it is adjudged, etc., conclude as 
 in Form 78. 
 
 81. OF JUDGMENT WHERE SOME DEFENDANTS HAVE 
 
 BEEN SERVED WUPH SPECIAL SUMMONS, AND 
 
 OTHERS HAVE CONFESSED. 
 
 The defendant, C. D., having been served with special sum- 
 mons and particulars of claim, and md disputing $ part 
 thereof, and the defendant E. F. and G. H. having confessed the 
 same sum as due to the plaintiff. It is adjudged that the plain- 
 tiff recover $ for debt and $ for costs. 
 
 82. OF JUDGMENT OF NONSUIT OR DISMISSAL FOR WANT 
 
 OF PROSECUTION. 
 
 Judgment of nonsuit, " or that the cause be dismissed " (if 
 costs, etc., ordered, add. "and th.e plaintiff pay $ for 
 
 defendant's costs," or $ for defendant's trouble end 
 
 attendance, and $ for his costs, to be paid in days). 
 
 iii;;n ! 
 
()|;Ms. 
 
 yb7 
 
 of $ 
 ill 
 
 83. OF JUDGMENT OX AWARD. 
 
 .Tiulgnient for the plainUff (or defendant) for the sum of 
 and $ costs (or for the auni 
 
 costs^) pursiiant to award: lo be paid 
 ("ays. 
 
 81. OF JUDGMENT FOR DEFENDANT. 
 Judgment lor the delendant* (cr for ih.' defendant 
 
 for $ costs; or 
 
 ance, and also $ 
 
 fer his tioiible and attend- 
 for his costs; to paid fortliwith. 
 
 S5. OF Jl DGMENT FOR DEFENDANT ON SET-OFF, WHERE 
 SET-OFF IN PART SA'ITSFIED. 
 
 It appearing that the defcnihmfs set-off exceeds the phuntiff's 
 claim; as proved by over $100, it is adjudged that the plaintiffs 
 claim, proved at $ be discharged, and that the defendant's 
 
 set-off lo $ be satisfied, and further, that the defend; nt 
 
 do recever against the plaintiff $ for costs to be 
 
 paid in days. 
 
 86. OF JUDGMENT l^OR DEFENDANT FOR BALANCE 
 
 OF SET-OFF. 
 
 It appearing that the defendant's set-off exceeds the plain- 
 tiff's claim; it is adjudged that the plaintiffs claim, proved 
 at $ , be discharged, and that the said set-off as to 
 
 that amount be satisfied, and further, that as to $ 
 residue of such set-off, the defendant have judgment for thii 
 same, together with $ for his costs, to be paid 
 
 in days. 
 
 m 
 
 87. JUDGMENT IN CASE OF COUNTERCLAIM. 
 
 It is adjudged that the plaintiff do recover against the de- 
 fendant th(> sum of $ for debt (or damages') and$ for 
 costs amounting together to the sum of $ , and that 
 
 u 
 
DIVISION OH' UTS A< r. 
 
 the deR«ndant, on his countiT-cliiim. do recover against the 
 phiinliff the sum of $ fov debt (or damages, as the 
 
 case may l)i') and $ for ousts, amounling together 
 
 to the sum of $ , and thai the said sums be set-off one 
 
 against the other and that the do recover from 
 
 die the sum of $ (being the difference 
 
 between tbe said sums) to be paid in days. 
 
 88. FORMS OF JUDGMENTS AGAINST MARRIED WOMAN. 
 
 ((/) In respect of liabilities inciirrt-d, whether fur costs ur 
 otherwise, during marriat^e 
 
 It is adjudged that the plaintilt (or defendant) do re- 
 cover $ and costs against the defendant (or plaintiff I; 
 such sum and costs to be payable out of her separate proi)erty 
 as hereinafter menti«med and nut otherwise. And it is ordered 
 that execution hereon be limited to th(> separate property of the 
 defendant (or plaintiff), B. A., not subject to any restri-tion 
 rgainst anticipation, unli'ss by reason of the Married Woman's 
 Property Act, the i)roperty shall 1)p liable to execution not with- 
 standing such restriction. 
 
 (/() Where the judgment is recovered in respect of a debt 
 contracted by her before marriage. 
 
 It is adjudged that the plaintiff do recover the sum of 
 $ and costs against the defendant. A. B., such sum and 
 
 costs to be payable out of her separate property whether s'lbject 
 to any restriction against anticipation or not, and not otherwise. 
 
 89. JUDGMENT FOR COSTS UNDER SECTION 209 OF 
 
 THE ACT. 
 
 The defendant having disputed the plaintiffs rialni— but 
 aftf-rwards, before the opening of the Court to which he was 
 sunmioned, confessed judgment— (or paid the cliiim) so short i^ 
 time before the sitting of the Court that the plaintiff cndd not 
 in the ordinary way be notified thereof— and the jjlaintiif having 
 hona /idr :ind re.-isonably incurred $ expenses, in pro- 
 
 curing witnesses to attend the Court to prove his case (tir in 
 attending at Court). 
 
 It is therefore adjudged and ordered that the defendant do 
 pay the said plaintiff th(> sum of $ for such costs. 
 
I'd RMS. 
 
 B8'.> 
 
 •to. ENTRY OF JIDCIMENT FOR DEFENUAN'l'S COS I'ri 
 L'NUER RULE 252(^ 
 The i)liiiutiff being desirous (.f not proceeding in iliis cniise. 
 but fiiiling to give notice thereof and pay defendant's (osts, and 
 nni inoceeding to trial at a Court holdm ihis day. the defendant 
 having applied for his costs (or the cause not being withdrawn 
 until after the opening nf Court), it is adjudged that the de- 
 fendant di. recover against the plaintiff the sum of $ for 
 costs incurred in preparing f«.r trial (or iu attending Ctuirt) 
 before notice of such withdrawal, and for costs of his defence. 
 
 >.']. MINUTE OF .lUDGMEN'l' FOR CLERK WHEN 
 JUDGMENT POSTPONED. 
 
 Division Court, in the County of 
 
 In the 
 
 Between A- 
 
 B- 
 
 Plaintiff, 
 
 and 
 
 18 
 
 C D . Defendant. 
 
 At the sittings of this Court held on the day of 
 
 at , in the said Division, this case came on to be 
 
 heard, and after the hearing thereof by the Judge in open Curt 
 the giving of judgment thereupon was postponed by the Judge 
 ,i]l ,hp day of 18 . at the hour 
 
 (,f , at the office of the Clerk of this Cotirt; the 
 
 case ha\ing since been maturely considered by the Judge. It is 
 adjudged, etc. (according to judgment). 
 
 Th(> Clerk will read this decision to the parties or their 
 agents, if present, and forthwith enter judgment according to 
 the statute in that behalf. 
 
 Dated, etc. 
 
 Jud^e. 
 
 
 02. FORM OF JUDGMENT AGAINST A FIRM. ETC. 
 
 Judgment for the plaintiff against the said firm of A. B. & 
 Co.. and also against O. P., the partner thi'reof served with the 
 copy of summons herein, and who has failed to appear (and also 
 against R. S. who has admitted in the notice of dispute or de- 
 fence filed that he is, or who has been adjudged a partner of the 
 said firm; for $ , and $ costs, to be paid 
 
 forthwith (or as the case may be). 
 
 Ill 
 
390 
 
 DIVISIDX COllirs ACT. 
 
 Il 
 
 !.I3. OF ORDER FOR I.MPOSITION OF FINE FOR CONTEMPT. 
 
 It is adjudged that E. F., .-it tlu' sittings of tliis Court, now 
 holden, in oi)eii Court, is guilty of a contempt of the said Court, 
 by wilfully insulting , Judge (ur deputy or iieting 
 
 ■Judge) of the said Court (or "in view of the Court, by will'ully 
 insulting , clerk (or bailiff) of the said Court, duiing 
 
 his attendance at such Court " (or by wilfully interniiUins the 
 proceedings of the said Court "); and it is ordered that the said 
 G. F. forthwith pay a fine of $ for such offence, aad, in 
 
 default of immediate payment, be commilled to the 'onimon 
 Jail of litis county for days, unless such fine, ih'? costs 
 
 herein, and the expense attending the commitment be snon'-r 
 raid. 
 
 94. OF IMPOSITION OF FINE ON A JUROR FOR NON- 
 ATTENDANCE. 
 
 Adjudged that G. H. was duly summoned to attend this 
 Court, now holden, as a juror, that he hath wilfully neglected (or 
 refused) to attend the Court in obedience to the summons, and 
 that he do within days (or forthwith) pay a fine of $ 
 
 ! i' I ! 
 
 95. ENTRY IN THE PROCEDURE BOOK UNDER THE 
 CREDITORS' RELIEF ACT, WHERE THERE IS A 
 
 JUDGMENT. 
 
 The plaintiff (or defendant) as a creditor of the defendant (or 
 plaintiff) having served upon the sheriff of the county of 
 a memorandum of the amount of this judgment under tho 
 Cr«'ditors' Relief Act, under which procei'dings were taken 
 against the defendant (or plaintiff) for the recovery thereof a.id 
 because the same was not p.-iid in full (where part of the judg- 
 ment ha? been paid through those proceedings or otherwise hero 
 state it thus) but $ . part thereof, having been paid 
 
 the said sheriff hath returned as follows (here state the return) 
 
F(.1!MS, 
 
 !3:il 
 
 ana bccaubo he was unable lo iiiaUe ilir rcMiliie (nr the nunu-y 
 thiri'on) satisfaction is entered lor Uie Hum of $ , part 
 
 thereof (If no part was recover(««l leave out the words " satisfac- 
 tion is entered for tlie sum of $ . I'lU't thereof," and 
 judgment is entered for the plaintiff (or defaidant) for the sum 
 
 oi 
 
 bahince of th»' debt (or damages) and $ 
 
 COS'S. 
 
 li i 
 
 9(1. JlDGMEX'r UNDER THE rUEDl'rORS' HELIEI' WW 
 
 (Where the proceedings were not upon a judgnu-nt or execution, 
 but upon a certificate of claim). 
 
 (Proceed as in previous form to tlie words "a memorandum " 
 and thence as follows: A certificate fur a claim within the juris- 
 diction of this Court, amounting to the sum of $ debt 
 (or damages) and $ cost, under the Creditors' Relief 
 Act, under which proceedings were taken for the recovery thereof 
 against the defendant (or plaintiff), which not being paid in full, 
 and the said sheriff being unable to make the money thereon, 
 returned the same under the provisions of the said Act, judgment 
 is therefore entered for the plaintiff (or defendant) for $ debl 
 .,,1(1 $ costs. (If the sheriff has returned that he Ins 
 made part, then the fact sh.aild be slated and judgment should 
 be entered for the residue only). 
 
 ' 1^ 
 
 
 97. ORDER FOR .irDUMENT WlTHOrT I'LAlNTIFFri VUASiv 
 
 NOTE SUED ON. 
 
 (Title of Court and style of cause.) 
 
 (Date, etc.) 
 
 Upon the application of the plaintiff, and upon reading the 
 affidavit of , hleil- i' 's ordered that the plaintiff be at 
 
 liberty to havt> judgment entered in his favor in this action with- 
 out his filing the note sued on herein, on his filing a true copy 
 
 thereof with the clerk of the Court.* 
 
 Judge. 
 
 "(. 
 
 ♦Provide for case of bond where no'.e lost. 
 
:i!)2 
 
 DivisroN' coritrs Acr. 
 
 ftS. .irDfiMRN'l' AC.AINST DJ-]!' RNDANT ON ('(iNKESS.Olf 
 
 ISHrOUK ACTION. 
 
 ('. I)., Ijclng indebted to A. H. in ilic simii ..f .$ U)v .i Ui'l)i. 
 
 and li'ivinK iirlcnowledKc-d Mic same in writ'iiK iwitli pur.iciilaiM 
 altadicd iliiTcto) lK>f(.ic (]. h., dork (or haiilll) of this Couit, 
 and liii' same licinK duly i)r(.ved an(i iircdiueil to the jikIkc urd 
 the said A. I!, irriuestins judgnu'nt thu-eon. it is adjudged that 
 the said A. U. dn ncovt r ajiainst tlie said ('. I), ihc said ^^unl of 
 $ for dcljt, iuiii $ for costs. 
 
 9!). Jl'DGMENT ON CONI^M']SS!ON AI'^TFR ACTION. 
 
 'fhc defendant liavinj-; Iji en sei ved witli summons and IjUV- 
 ticulars of claim for a debt, am.uintins to $ (and the plaintiff 
 having consented to tal<e the defendant's acknowK'dsment lor 
 the sum of $ , part thereof, and i>.bandoned the n>s-idue; or 
 having allowed the defendant's set off thereout; or made certain 
 deductions claimed therefrom), and the defendant having con- 
 fessed the same (or $ ) in writing before G. ij., clerk (or 
 bailiff), and the confession l:eing duly in-ov. d and pioiluce'. 
 (Conclude as in the preceding form.) 
 
 I ! 1 
 
 100. JUDGMENT WHER3 EXECUTION POST! ONE!) BY (ON- 
 SENT OF JUDGMENT CREDITOR BEYOND 50 DAYS. 
 
 Judgment* for the plaintiff for $ debt ;.nd $ for 
 
 costs, to be paid .-is follows:— (Here state the time when, or th" 
 instalments by which tho judgm.ent is to be satisfied) the li'iin- 
 liff (or the party entitled to the ranie) having C(tnsented io this 
 postponement. 
 
 (When an excess has been abandoned or the defendant has 
 paid money into Court which has nor been accepted add, " being 
 in full discharge (.f his cause of action set forth in the claim.") 
 
 *Add " on verdict of jury " if the cause was tried by the jury. 
 
I'Oli.Ms. 
 
 '.V.)\\ 
 
 K.l. OHItKIl TO SrSPI-ZND ORwKll. OR .11 l)r;.MI-:NT, OR i:X- 
 
 KCM'IIOX. 
 
 (Inst'i-t tiili' of Cniirt ar.d style uf rausc.) 
 
 It l8 ordered that tlio judgment (or order) lor tliat tlie <xcc!;- 
 linii under the judgment (or order) of this Cniiit in thl.-^ action. 
 heariiiK date the di'v of . A. I). IS . he sus- 
 
 pended until tlie (iay ol' . AD. is 
 
 Dated this day of , A.D. IS . 
 
 [ud_e. 
 
 t) (CM.) 
 
 ; 
 
 loii. ORDER I'OSTRONIN'd EXKri'TION- OR ,iri-(!MRNi' 
 INDER SKCTIOX 147. 
 
 (Title of ("nr.i'l iUid style of eaiiKe.) 
 
 Whereas, tht: plaintiff ohtainecl a judgment against the defen- 
 dant in this Cor.rt on the day of , lo , for the 
 payment of $ deht (or damages) and $ for costs 
 and the defendant was ordered to pay the same at a day now 
 past (if hy instalments, specify them), and it has been made to 
 appear to the satisfaction of the judge by aflidavit (or affirmation, 
 or otherwise) that thi; defendant is uivable from sickness (or 
 other sufficient cause) to pay and discharge the debt (or damages) 
 recovered against him (or any instalment thereof, if the same 
 was ordered to be paid hy instaJnunts) io ordered lu 'je paid. 
 I di> therefore order that the said jiulgment (or executhm. or 
 order, as the case may be) be stayed (or suspended) for (here 
 specify the time and terms upon which the order is granted). 
 
 Dated this day of , 18 . 
 
 Judge. 
 
 103. ENTRY IN THE PROCEDURE BOOK OF JIDGE'S ORDER 
 FOR EXECUTOR OR ADMINISTRATOR TO REVIVE 
 
 A JUDGMEN'l'. 
 
 On the day of 18 , it was orderod by the 
 
 judge that the plaintilV as execuKu- (or administrator) have execu- 
 tion against the defendant of a judgment of this Court (or of the 
 Division Court, etc.,) w^hereby the said C. D. in his life- 
 tiii'e, on recovered against the said defendant the sum o£ 
 
 $ etc. 
 
 I i 
 
 in 
 
 f 
 
i3<Ji 
 
 DIVISION C'JLUTS act. 
 
 lOL HNTUV OF OUDKll IN I'llOCHDl'llK HOOK THAI" .UlJU- 
 
 MKN'I' UK HKVIVKI) A(!AlNSr AN KXECL'TOU OH 
 
 ADMINIS'IUATOH. 
 
 Oil the day nf » iS , It was (irdcri'd by the 
 
 Judge that \hv plaintiff have oxrcutlon !ip;ainst il •■ leftMHlaiit, 
 as fxocuior (or aiiiuinistraturt of !•]. !•'.. (iiceast'd, of a jinlgiuent 
 of this Court (or of he DlvisidU Cnurt, t'tc.,) whereby tho 
 
 plaintiff, on recovered against tlu- t-aid E. F. in his life- 
 
 time the sum of $ tn l)i' Icvit'd of th(> godds jind chattel -i 
 
 of the aiiiil dcreaHcd, in the hands of thi- siibl d<>:eu(lant to bo 
 administered. 
 
 105. OF Jl'DO.MFNT AOAINST KXIXM-IOR OR AD.MINIS iliA- 
 TOR ON DEVASTAVIT AFIKU JL'DGMEN'r. 
 
 Judgment that the defendant has wasted goods and chuttel!* 
 of A. B.. deceased, to the suiu of $ , whereby a juilgmout 
 
 recovired against him by the plaintiff in the Division 
 
 Court in the County of . on the day of 
 
 , IS . remains ungalisfied; and that th" p'aintiff 
 now recovi-red against tlie defendant the first naiuod Finn, and 
 also $ costs; to be paiil iu day^. 
 
 I 
 
 106. OF .Il'DGMENT AGAINST i;XFCrTOR OR ADMINISTRA- 
 TOR, WHO ADMITS HIS REI'RFSENTATIVE CHARAC- 
 TER, AND THE PLAINTIFF'S DEMAND, BV T 
 ALLEGES A TOTAL OR PARTIAL ADMIN- 
 ISTRATION OF ASSETS AND DOES 
 NOT PROVE 'I HE ADMINIS- 
 TRA'ITON. 
 
 Judgment for plaintiff for $ debt, and $ costs, 
 
 to be paid in days; full (or partial) administration, wiiich 
 
 was alleged, and disputed, not having been proved, Ordered that 
 the said sums be levied of the goods and chattels of tho deceised; 
 failing such goods, then the debt of the goods and chattels, here- 
 after to come to the defendants hands to be administered, and thi>- 
 fosts to be levied of the defendant's proper goods. 
 
F<»I!.MS. 
 
 :;ii5 
 
 107 OF JllKi.MHNT AIJAINSI' i:X''(MT()l'. Oil AD.MINISIR \- 
 
 TOR. WHO AU.Mrrs UlS llKi'llHriKNTA'lIVK CiiAKAC* 
 
 TKU. AND THK PLAINTIFFS DKMANU, liUT 
 
 ALI.ECIFS A TOTAL OR I'AU'lTAL ADMINIH- 
 
 TRATION OF ASSMTS AND I'ROVFS 
 
 TDK AD.MINIS'IRATION. 
 
 JndKtupnt for i»lalntiff lor $ , to !)•• paM In 
 
 iliiyh; lo 1)1' levied of the goods anil rlialtcls of ilu; dct'cast d, li>'ie- 
 after to come to the drfrndanl's hands to be ailnilnist'Mfd if.e 
 debt not IxdiiK denieil, and lull (or pariiall adminlstr uloii. 
 wliicli was denied, having been proved, Ordered tint th- iilaintili 
 pay ,^ for tile dflendiinfs (osts in days. 
 
 108. OF .H'DGMHiNT AOATNSI" FA'FCr TOR OR AD.NUNISTRA- 
 TOR, WIlFRK TDK DHFFNDANT AD.Ml IS IIIS llHl'RF- 
 f^ENATIVlO CHARACrKR. UTT DKNIFS TIIF DF- 
 .MAND AND ALLFC.KS TOTAL OR PARITAL AD- 
 MINISTRATION OF ASSKTS, AND 'I'HF 
 PLAINTIFF I'ROVFS HIS DKMAND AND 
 TilF DEFENDANT DOFS NOT PROVE 
 ADMINISTRATION. 
 
 .Judgment for plaintiff for .$ for debt, and alno $ 
 
 cot-iH, to be paid in days, to bo levied of the goods and 
 
 cb.ittels of the deceased; failing such giicds, then the said costs 
 ;o be levied of the defendant's pioper goods, and the ibbl to be 
 levied of the poods and chattels of the deceased, hereafter to come 
 to the defendiinfs hands to h? administered, tho plaintiff's 
 demand having been proved, whicli was denied, and administra- 
 tion, which was alleged, not having been proved. 
 
 109. OF .llDGMEN-r AGAINST AN EXECUTOR OR ADMINIS- 
 TRATOR. WHERE HE ADMITS HIS REPRESENTATIVE 
 CHARACTER. lU'T DENIES THE DEMAND. AND 
 ALLEGES TOTAL OR PARTIAL ADMINIS- 
 TRATION OF ASSETS. AND THE PLAIN- 
 TIFF PROVES HIS DEMAND, AND 
 THE DEFENDANT PROVE! 
 ADMINISTRATION. 
 
 Judgment for the plaintiff for $ debt, and also $ 
 
 (osts, to be paid in days: the plaintiff's demand which wa. 
 
 ■ ! 1 
 
 I 
 
 
1 
 
 ll^!' 
 
 Hi! 
 
 ! 
 
 !i!l 
 
 31tG 
 
 DIVISKJN ('OriiTS A< I. 
 
 <lenii'(l, having proved and full (or partial) adminlstrafou aUo 
 having been proved, which was denied, the said costs to be levied 
 of the goods and chattels of th? deceased; failing such gcods, 
 then of tho defendant's piopcr goodri; the said debt to be levied 
 of the goods and chattels of the deceased, hereafter to come to 
 the defendant's hands to be i'.dministered ; and ordered that $ 
 the costs of proving such administration, be paid by the plaintiff 
 in days. 
 
 110. OF ORTIINARY Jl'DGMP^NT AGAINST EXECl'lOU OR 
 
 ADMINISIRATOR. 
 
 Judgment for plaintiff for $ and $ costs, to be 
 
 pa d in days, to be levied of the goods and chaitv'ls of 
 
 th.? (lece.uod: failing such g( ods, the costs to be levied ef the 
 defendan'/s juci or goods and chattels. 
 
 111. OF JIDGMENT AGAINST AN EXECl'TOR OR ADMINIS- 
 TRATOR. V. HO ADMITS HIS R.CPRESENTATI/E 
 CHARACTER, AND DENIES 'IHE DEMAND. 
 
 The same as in ordinary judgn.enl i gainst e:;ecutor o.' 
 r.tlministrator. Form 110. 
 
 112. OF JUDGMENT AGAINST AN EXECFTOR OR ADMINIS- 
 TRATOR WHO HAS DENIED HIS REPRESENT.VITVE 
 CHARACTER, OR PLEADED .\ RELEASE TO 
 HIM.SELF. 
 
 'Ihe same as in (irdinary judgment against e.Kecutor or ad- 
 ministrator. Form 110. 
 
 118. OF JUDGMENT AGAINST AN EXECUTOR OR ADMINIS- 
 TRATOR, WHO HAS WASTED ASSETS. 
 
 Judgment for plaintiff for $ and $ costs, to be 
 
 paid in days, to be levied of the gc.ods and chattels of 
 
 the deceased; failing such goods, then the whole (or the sum 
 of $ and the said costs to be levied of the defendant's 
 
 proper goods and chattels; the defendant having watted the good^ 
 of the deceased to that amount. 
 
I'OltMS. 
 
 114. :M1NUTE in procedure book of JLD.iMEXr 
 AGAINST GARNISHEE ON .lUDGMENl' ALREADY 
 
 ENTERED. 
 
 (tiiy of 
 
 ill the 
 year No. 
 
 Div 
 
 . IS 
 
 Jiulgini'Ut cnipred ou the 
 ision Court in thi" County of 
 Amount unsatisfied, $ 
 
 On hearing all parties, [nr ou " hearing the alove-namrd ■" 
 (the parties appearing), and upon proof of the debt, it is .uljudged 
 that the garnishee is indebted to the primary dcbtur in $ imw 
 
 due (or coming due as f(dlo\vs. ) which 
 
 (01- <5 of which) ought to he applied in sai is action 
 
 (if the said judgment, .-ind that the said primary creditor ilo 
 recover the s:>me against th" garnishee, for levying wlureof 
 .'xecntion may issue days from this date unless 
 
 the garnishee shall moner pay the same into Court, to satisfy 
 the said judgment. 
 
 Entered the day of A.D. 18 . 
 
 115. MINI TE WHERE THE DEBT DIE BY THE GARNISHEE 
 IS PAYABLE BY INSTALMENTS. 
 
 Same as above, from the words " priir.ary drb:or " $ in- 
 
 clusive, and from thence proceed, not now due, but payable by 
 instalments, as follows (here state the instalments and when 
 p^-able). $ of which ought to be applied in satisfaction 
 
 of the said judgment and that the primary creditor do recover 
 against the garnishee, by instalments of $ every (here 
 
 specify when payments ordered to be made.) The first of such 
 instalments to be paid on the day of IS .unless 
 
 etc., close as in the preceding form. 
 
 IIG. MINUTE IN PROCEDURE 1500K OU .lUDGMENT 
 
 AGAINST PRniARY DEBTOR AND AGAINST 
 
 GARNISHEE. 
 
 On hearing all parties [or " on hearing the primary creditor 
 (or as the case is) the primary debtor (er as the case is having 
 made default ] It is adjudged, 1st., that the primary debtor is 
 
 i 
 
 iHi 
 
398 
 
 DIVISKjX <•()(.■ It'l'S A<"l', 
 
 iiulebrod to tho primary creditor in $ . mikI that he do 
 
 pay the same and $ , costs in days. 2nd., 
 
 That tlie garnishee is indebted to the primary debtor in $ 
 *\vhich, (if the garnishee's debt be larger than tlie primary 
 creditor's claim, say, " to the extent of the two first mentioned 
 Slims") ought to be applied in satisfaction thereof, "rd.. thai the 
 primary creditor do recover agnins^t tho garnishee th(> said sum 
 of $ to be raid in days (as time may 
 
 be given for payment or debt becomt^s duo) in satisfaction as 
 aforesaid. 
 
 117. WHERE THE nEl'.T m'K P.Y THE GARNISHEE IS 
 PAYABLE BY IXSTAEMKNTS. 
 
 Same as Form (ll(i) up to the a^teiipls"-^^ from thonce proceed, 
 not now duo. but payable by instalments as folli^ws: (here i-tale 
 the instalments and when jiayablo) as in Form (UG) to the end. 
 
 !:1 
 
 
 118. WHERE THE GARNISHEE HAS SET FP DEFENCE 
 WHICH HE KNEW TO RE FNTENARLE, 
 
 P 'llllllH I 
 
 ' M 
 
 And inasmuch as the garnishee has set up ;i defence, which 
 he knew or ought to have known was untenable, it is adjudged 
 that he do pay the costs of this precr eding amounting to $ 
 forthwith (or within days.) 
 
 m 
 
 hif 
 
 119. MINFTE OF .TFDGMENT IN FAVOR OF GARNISHEE, 
 PRIMARY DEBTOR OR CLAIMANT. 
 
 On hearing all parties (or on hearing the g:irnisheo, the 
 
 primary creditor having made default), it is adjudged that the 
 
 garnishee is not indebted to tlio primary debtor as claimed by the 
 
 primary creditor, and that tho primary creditor pay the garnishr^e 
 
 ■.■$ for his costs, to be paid in days. 
 
Fdlt.MS. 
 
 bill) 
 
 lliit. JIDOMENT WHERE PRLMARY CREDnOU FAILS IN 
 RECOVERY OR PROVING FOR CLAIM AND PRO- 
 CEEDINGS HAVE P.EEN COXTINIEI) AS 
 BETWEEN THE PRLMARY DEHl OR AND 
 THE GARNISIH'ZE. 
 
 The primary creditor having failed to prove his claim asains 
 the primary debtor or become iKin-s^uited, and upon hearing the 
 matter in controversy between the primary debtor and ihe 
 garnishee, it is adjudged that (here follow any otli. r funn of 
 judgment suitable to the case of an ordinary proceeding between 
 plaintiff and defendant) and it is crdcred that the primary 
 en ditor do pay the i)rimary debtor (or garnishee.) Here state 
 whatever the judgment may be as to costs or otb.crwii-i'.) 
 
 1- 
 3 
 
 
 12L .Tudgm.ent for the primary debtor (or for the garnishee, 
 or for Ihe third iiarty claimant) against tbe primary (reditor fur 
 $ costs (or for $ . for his trouble nnd attend- 
 
 ance and for his costs), to be paid forthwith (or within fourteen 
 days.) 
 
 122. It appearing that the set-off of the i)rimary debtor ex- 
 ceeds the claim of the primary creditor, as proved by over $100, 
 it is adjudged that the claim of the primary creditor proved 
 at be disch?i.rged and that the set-off of the primary 
 
 debtor to $ be satisfied: and further that the primary 
 
 debtor do recover against the primary creditor $ fi^r 
 
 his costs to be paid in days, and that the attachment of the 
 
 debt garnishi ed be discharged. 
 
 "(. 
 
 123. SUMMONS UNDER SECTION 197. WHERE A THIRD 
 PARTY CLAIMS THE MONEY GARNISHED. 
 
 (Title of Court and style of cause.) 
 
 Upon reading the garnishee summons issued in this cause, 
 and upon hearing the primary creditor [the primary deb^u'] and 
 the garnishee; 
 
 1 ii 
 
'100 niVl.SloN (.OL'ltTS ACT. 
 
 It is ordered that the further hearing of 
 said stimmons herein do stand adjourned until the 
 
 .f 
 
 A.D. ISO 
 
 the i)anies to 'ho 
 
 day 
 
 Court ") and that G. H. 
 
 at (or " the next sittings .>:' t 
 
 who claims u, h-? entitl'd V) t 
 
 deht, tlie primary creditor, tlie primary debtc 
 
 nis 
 II' said 
 
 (heir solicitois or agents, 'Utend before th 
 
 next sittings of this Ccuirt, at 
 
 of 
 
 the 
 
 r, and tjie g.ir.iishes 
 
 e presiding .ludge at the 
 . on the 
 
 . A.D. ISO . at 
 
 day 
 • I'cjicli in 
 r.Odii, (if tlip sam.e day (or such ntiier lim.' as may 
 he appointed) .and state the nature and rani, ul.ars o; their 
 respective claims to such debt, and maintain or lelinqirsh the 
 ?ame, and abide l)y such nrder -i-^ may by the said presiding 
 Judge be made herein, and that the costs of the ad.i.anniiient .and 
 of tliis order be costs in the cause. 
 
 Dat.'d, etc. j„^,,e_ 
 
 l-'i. .JlDGMENTri IN REPLEVIN. 
 In faver of plaintiff, 
 .ludgment for tlie plainiitr (if case tried with ;•, jury ;:(! 1 o i 
 
 •ind i? ci s!P, to 1 e ii.iid in 
 
 verciic t l)y juiy) fur .•? 
 ('avs. 
 
 125. I.\ F.WcK (![■■ I.KKK.VI'AXT I\ I! i-.lM.KVlN FOR inONT. 
 
 Adjudged that the plaintiff do return to th > defendant the 
 goods and chattels (or (attle), (stating the particulars) and pay 
 $ for cests in days [or adjudged that the amount duo 
 
 for rent in arrear from the plaintiff to the defendant is $ 
 and that the goods and chattels (or cattle) were of the value of 
 ^ . and that the plaintiff do in days i)iy the 
 
 said sum of $ and also the sum of ^ f,,r costs 
 
 of suit,] 
 
 12(), I.\ FAVon OF nKFKNDANT IX nFrt.KVIN OF rATTI.K, DAMACI.; 
 
 ;"I\\SANT. 
 
 Adjudged that the plaintiff do return to the dof»-ndant the 
 cattle (here specify the cattle) or do pay in days the sum 
 
 "f ? which is adjudged as the amount ef damage sustained 
 
 by the defendant, and that the plaintiff do pay within 
 da.ys $ for custs. 
 
 sk. 
 
l);iy 
 duo 
 
 / 
 (I 
 
 FORMS. 
 
 -401 
 
 127. IN FAVOR OF DEFENDANT WHERE REPLEVIN lis NuT F')U KENT 
 OH FOR DAMAGE FEASANT. 
 
 Adjiulged that the phiintiff do return to the defendant the 
 goods and chattels (.or the cattle) (stating the particuLira theieal) 
 lo the plain! nff, or do pay thi' sum of $ their value, to the 
 
 defendant in days $ for costs of suit (if damages 
 
 be awarded add, and $ for damages sustained by the 
 
 defendant.) 
 
 DETLXll-:. 
 
 128. JUDGMENT FOR DELIVERY OF GOODS. 
 
 It is adjudged that the plaintiff do recover against the defen- 
 dant the following goods and chattels of the plaintiff wrong- 
 fully detained by the defendant, that is to say: — 
 
 (Here enumerate the chattels which the Court decide'^, have 
 been detained) or $ their value, and also the sum of .$ 
 
 for damages, for their said detention, and the sum of $ 
 for costs. 
 
 Andit is ordered that the defendant do return the said goods 
 to the plainiiff, or do pay the sum of $ their value, to the 
 
 clerk of this Court, on the day of A.D. 18 
 
 And it is further ordered that the defendant do pay the said 
 damages and costs, amounting together to the sum of $ 
 to the clerk of the Court, on the day of 
 
 A.D. 18 (or forthwith.) 
 
 If the Judge makes an order at the trial for a return of the 
 goods and chattels without giving the defendant the option of 
 returning them, omit the words in brackets and substitute the 
 following: — 
 
 And it is ordered that the defendant do return the said goods 
 and chattels to the plaintiff, on the day of A.D. 18 
 
 and that in default of his so doing a warrant of delivery do issue. 
 
 129. FORM OF JUDGMENT, WHERE IMMEDIATE RETURN 
 IS ORDERED WITH DAMAGES AND COSTS. 
 It is adjudged that the defendant does unjustly detain the 
 goods and chattels of the plaintiff, viz.: (here enumerate 
 v.c.\.—2() 
 
 and 
 
i i ' 
 
 402 
 
 DIVISION COL'irrs ACT, 
 
 shortly describe tho goods) and it is ordered tliat th(> defendant 
 
 do return tlie same to liie plaintiff fortlnvitli, and that a warrant 
 
 of delivery do issue therefor, and that the defendant do pay 
 
 $ damages for the unjust detention thereof, and $ 
 
 tho costs (if this suit, amounting together to the value of $ 
 
 to the clerk, forthwith, and in default of his so doing that exi u- 
 
 tion do issue therefor immediately. 
 
 130. ORDER ON PARTY TO PAY COSTS TO CLERK, UNDFR 
 
 SECTION 55. 
 
 (Insert title of Court and style ofraiise, or causes, if more 
 
 tli.an one.) 
 
 Upon reading the summons herein granted on the day 
 
 of , A.D. 18 , the afTdiivit filed, the affldavit of service 
 
 thereof, and upon hearing the clerk of the said Division 
 
 Court, and the said plaintiff (or as the case may be), I do, order 
 that the said do pay to the clerk of this Court the sum of 
 
 $ within days from this d.-ite, as the fees which 
 
 should have been paid by him to the clerk of the Court on the 
 proceedings herein, and which now remain unpaid, together with 
 the costs of this proceeding, and in the event of the said sum 
 not being so paid, it is further ordered that execution do issue 
 against the goods and chattels of the said , or that the 
 
 same be made and levied by such ways and meat s as any debt 
 or damages ordered to be paid by the Court may or can bo 
 recovered by process of the siiid Court, and that an entry of this 
 order be made in the Precedure book. 
 
 Dated at this day of , 189 . 
 
 Judge. 
 
 131. APPEAL TO THE HIGH COURT. 
 
 Form of entry of judgment under section 152. 
 
 This case having been appealed to a Judge of the Court of 
 Appeal, who having ordered (or given direction) touching the 
 decision (or judgment) to be given herein, judgment is therefoie 
 entered (here state the short material provision of the order), 
 as the case may be (with costs to be paid, as ordered.) 
 
roKM.- 
 
 103 
 
 'i 
 
 KXKcl 'I'loNS. 
 132. AGAINST GOODS OF DEFENDANT. 
 
 (Inscil title (if Court aud style of ciiuse.) 
 
 m. , A.D. IS . 
 [Seal] 
 
 Wlu'veas, on the day of , A.D. 18, the plairitil'f 
 
 duly recovered in said Cotiit judgment against the difendai t, 
 for $ fur debt (or damages), and $ for cos-Ms of suit, 
 
 which remains unsatisfied (when the judgment has been revived, 
 add, "and on the day of A.D. 18 , the said judginei:t 
 
 was duly revived "). ymi are heri'by re(iuired to levy of tli(> 
 goods and chattels of the defendant, in the said County 
 (not exempt frcim e.xeeution), the said moneys aniDunting to- 
 gether to the sum of $ and your lawful fees; so that you 
 may have the same within thirty days from the date hereof 
 and pay the same nver to the clerk of this Court for the plaintiff. 
 
 Given under the seal of the Court this 
 A.D. 18 
 
 day of 
 
 X. Y. 
 
 Clci k. 
 
 T(. V. \V. 
 
 Bailiff of said Court. 
 
 .ludgnient 
 
 Interest 
 
 Subsequent costs 
 
 This execution 
 
 T.evy the sum of 
 
 ful fees upon this precept. 
 
 , and ycur law- 
 
 132»^ In case several judgments have been recovered against 
 an absconding debtor, and one execution is issued thereupon, in 
 pursuance of Rule 30, such execution should recite the several 
 recoveries, with their respective amounts. 
 
 ^ lii 
 
 i I 
 I I 
 
 1 
 
401 
 
 DIVISION COUKTS ACT, 
 
 133. WARRANT OF EXECUTION WHERE ONE OF SEVERAL 
 
 PLAINTIFFS HAS DIED AFTER JUDGMENT AND 
 
 BEFORE EXECUTION. 
 
 4 
 
 Same in all respocls iis nther warrant except that th" full iw- 
 ing may be iuserti-tl after th«' statement of the recovery uf judg- 
 ment: 
 
 And whereas G. R., one of the pl.-ilntiffs, has died sin e jud,^- 
 ment was given (or signed) and before execution execute 1. 
 
 134. AGAINST GOODS OF PLAINTIFF. 
 
 (Insert title of Court and style of cause.) 
 
 No. , A.D. IS 
 
 [Seal] 
 
 Whereas, on the day of A.D. 18 
 
 in said Court, judgment wa.s given for the defendant, and for 
 $ costs (or judgment was given th.-it plaintiff be nun- 
 
 suited; or that the action be dismissed, and that the plaintiff do 
 pay the sum of $ to the defendanf for his trouble an 1 
 
 attendance, and $ for his coasts which remains unsatisfied 
 
 —(here follow the last form of execution, to end, transposing 
 the words "plaintiff" and "defendant" where they occur.) 
 
 135. ON JUDGMENT FOR BALANCE OF SET-OFF. 
 
 (Insert title of Court and style of cause.) 
 
 [Seal] 
 
 No. , A.D. 18 
 
 Whereas, at the sittings of this Court, holder, on the 
 day of , A.D. 18 , it w;is adjudged that th" 
 
 above-named defendant should recover against the above-named 
 plaintiff the sum of $ , the residue of his s -t-off exceeding 
 
 the plaintiff's claim, together with $ his costs of suit, which 
 
 remains unsatisfied, you are hereby required. (Conclude as 
 directed in last form.) 
 
nil! MS, 
 
 ICT) 
 
 I 
 
 130. FOR COIN rERCI.AlM. 
 
 TliP same as tho forogoins form, lo tlu wmds " tlic l•o^i(ll;c> " 
 ini'litsivf, and procei-cl nf his coiuilcv-claiin (cxci o(ling*ilit' iilain- 
 lift's rlaim (as the case may be) tojiotlior with $ , hs 
 
 costs of (lofonco and i>f proving liis said ooiuui r-daim (or, a^ tlic 
 case may l)c) whicli remains nnsatisfird, otc (rnncliidp as (linctpd 
 in prrvions forms.) 
 
 in:. EXECUTION UNDER SECTION S2. WHERE .MDliMENT 
 OTTAINEI) AGAINST A DEFENDANT RESIDING IN A 
 FOREIGN COUNTY. 
 
 JSeall 
 No. 
 
 (Insert title of Court and style nf ra\'se.) 
 
 A.D. 18 
 
 Whereas, the plaee of sitting of this Court is ntare.-^t to the 
 defendant's residence, and ai the sitting of the said Court liolden 
 on the day of A.D. 18 . in find f. r the sad 
 
 division, by judgment of the said Court, the plaintiff recovered 
 against the defendant, under the pr.>visions of section 82 of the 
 Division Courts Act. the sum of $ for debt, and $ 
 
 for costs remaining unsatisfied, y.ui are hereby requiral to levy 
 of the goods and chattels of the defendant (not ext-rapt from 
 execution in the said County of or in the County of 
 
 where the defendant resides) the said moneys, elc. 
 {Conclude as in Form 132.) 
 
 138. ON TRANSCRIPT OF JUDGMENT FROM ONE DIVISION 
 COURT TO ANOTHER. 
 
 (Tnrert title of Court and style of cause. ) 
 
 No. , A.D. 18 
 
 [Seal] 
 
 Whereas, on the day of , A.D. 18 
 
 the plaintiff duly recovered in the Division Court 
 
 in the C.mnty of • judgment against the defendant 
 
 for $ for debt, and $ for costs of suit (If the judg- 
 
 (r. 
 
•iOO 
 
 iJl\l.-Sl(»N cuLHTS ACT. 
 
 '%l\ 
 
 >|mI 
 
 'iff 
 
 J 
 
 nient was ifvivcd, use the followinR words, "and (Hi the 
 day of , AT). IS , tho snid judKmi'at was duly 
 
 revived ") us apiioars l)y ;i transcript (if tlif entry of such jiidK- 
 nient attested by tlic seal of the Court, certified and s'gned by 
 the clerk thereof, and sent and iiddressed to the clerk 
 of this Division Court, pursuant to the provisions of " 'i"he Divl 
 sion Courts Act: " And wliereas, it Mppears, by ccrtitlcate of the 
 first mentioned clerk at tho foot of the said transcriiit, that the 
 :i mount unpaid on the said judgment is $ , whicli said trans- 
 
 cript and certificiiie is duly entered in the buok of tliis Court. 
 therefore you are hereby rcf;uired, etc. (Conclude as in Form 
 132.) 
 
 139. FOR AN F:XECUT0U ON jriXiMRN'!' REVIVKD IN HIS 
 
 FAVOUR. 
 
 (Title of Court.) 
 
 No. , A.I). IS . 
 
 between A. B., executor of C. D. (or admiiiisiiat u), d ce.sel, 
 
 Plaintiff, 
 
 and 
 
 E. F., Defendant. 
 
 (Seal] 
 
 You are hereby required to levy of tlie goods and chailels of 
 the defendant (not exempt from excijution) in the said County of 
 the sum of $ , which C. D. in his lifetime in 
 
 this Court (or in the Division Court, etc) on 
 
 recovered against the defendant for liis debt (or damiige>) and 
 costs. (Leave having on the day of A.D. IS 
 
 been given to the plaintiff or executor (or administrator) of the 
 said C. D. to issue execution for the recovery thereof with costs), 
 together with your lawful fees. 
 
 And you are further required to have that money within 
 thirty days after the d.ate hereof, and to pay the same over to the 
 clerk of this Court for the plaintiff. 
 
 (Concludt" as in other forms of executions.) 
 
 =■#' 
 
Foil MS. 
 
 407 
 
 no, 
 
 OF jrDGMEN'r nRXMVEI) AfJATNSr EXRCL'TOR OR 
 
 In tho 
 
 ADMINISTIIATOU. 
 
 Division Court, in ilie 
 
 County if 
 
 No. , A,D. 18 
 Between 
 
 A, 15., IMiiintiff, 
 
 and 
 
 C. I).. F'^xccntor of E. F., di'foasod, Dcfondant. 
 
 [Seall 
 
 You arc hereby comniandfd (m- as liefme <!r as ot'li'n Ijefoir) 
 to make and levy by dislrcss and sale of the goods and chattels 
 of E. F., deceased, in the County of (not exempt 
 
 from execution) in the hands cf the said defendant, as executor 
 (nr administrator) to be administered, the sum <if 
 which the plaintiff in this Court (or in the Division 
 
 Court, etc.), on , recovered against the snid deceased in 
 
 his lifetime for the plaintUfs debt (or damages) and costs, and 
 whereof It was on ordered by the Judge of this Court 
 
 ,(„. of the Division Cnurt, etc.), that the said plaintiff 
 
 should have execution against the said d(>fendanl as exccator 
 (or administrator) of the said deci'ased, to be levied of the goods 
 and chattels of the said deceased in the said defendant's hands 
 to be administered, together with the costs of execution herein, 
 and your lawful fees; ho that you have the same within thirty 
 days after the date hereof, and pjiy the same over t.. the clerlv 
 of this Courr for the plaintiff. 
 
 (Conclude as in previous forms of executions.) 
 N.B.— Executions upon the judgments in other causes against 
 executors may be drawn fmm this Fnrm, with the requisite 
 alterations. 
 
 'ilf'^l 
 
 a;, 
 
 
 141. AGAINST GOODS OF TESTATOR. 
 
 In the Division Court in the , County of 
 
 No. . A.D. 18 
 
 Between A. B., Plaintitr. 
 
 and 
 C. D., Executor (or Administrator) of E. F., deceased, 
 Defendant. 
 [Seal.] 
 
408 
 
 DIVISION t'oL'UTS ACT. 
 
 Wlicrcas on lln' 
 
 (lay (tf 
 
 A. 1 1. 18 , IlKi 
 
 plalnlift' duly n-coverecl In the said Court. judKinont afialuHt tliu 
 said defendant as excfutor (or admlnlntrator) of K. l\, deceased, 
 ilit> sum of $ . for a certain debt with | for 
 
 (osts. to be levied of tlio gnodH iind ciialtels of llu> doceased; 
 failing Hueh goods, (he costs to be levied of the defendant's pro- 
 per goods and chattels, which said debt and costs were ordered 
 to 1)0 i)ald !it a day now past, and remain unsatisfied: These are 
 therefore to coniniand you. lorthwlth to make the le\y. by 
 distress and sale of tlie poods and chattels, which were the pro- 
 perty of the said E. F. in his lifetime, in the liands of tlie de- 
 fendant to be administered in the paid County of (not 
 exempt from execution), the said dei)t and costs, amounting 
 together to the sum o'f $ , together with the costs of 
 this execution, if the defendant have so much tliereof In his hands 
 to be administered; and if he luith not so much thereof in lii.s 
 hands to be administrated, then that yvyii levy of tlie proper 
 goods and chattels of the defi'ndiint, in the said County 
 of not exempt from execution, the said costs and 
 your lawful fees, so that you may have the same within thirty 
 days after the date hereof and pay the same over to the clerlt 
 of this Court for the plaintiff. 
 
 (Conclude as in previous forms of executions.) 
 
 'i!.f; 
 
 142. FORM OF EXECUTION IN REPLEVIN AGAINST PLAIN- 
 TIFF WHEN RETURN OF GOODS AD.IUDGED WITH 
 DAMAGES AND COSTS. 
 
 No. , A.D. 18 . 
 
 In the Division Court in the County of 
 
 Between Henry Bray, Plaintiff, 
 
 and 
 John Nokes. Defendant. 
 LSeal.J 
 
 Upon hearing this action of n'plevin at a sitting of the Court 
 holden at in and for the said division on the day 
 
 ©f 18 , it was adjudged that the plaintiff do return 
 
 to the defendant the goods and chattels (or the cattle, stating 
 the particulars thereof) forthwith or in days), and that 
 
 the plaintiff do pay the defendant in days $ for 
 
 m.mi 
 
FollMS. 
 
 10!) 
 
 rnhls o£ Huit tit" (UimaRCH havr h.fii nwanl.Ml luM :in.l ..Ihi 
 « for (huiuiKCH suHtalni'il l).v ilu' Mtiil il'liinhiiiM jii 1 
 
 thr i.lMiiilil'f liiis nut ivmni.'il to tl.r M.i.l ,i iMuhmi !!..■ ^:iM 
 guo.lH and chutt.-lH (or thr sal.l .•■•ittlr., or i.al.l iIm- sm.1 m.s:s (if 
 .laniapos have- beon awanU-l and have not Ihtm luiid ad 1 and 
 ,l..,„Kinr^.), llu'so aro therefniv K. ivquir.' an I oidn- that wW.M.at 
 dolav vou caurt.' 11h> sal.l B<...ds an.l dmtt.ds (or Hi" s,id .Mi'rt 
 to hv returned to tin- dol>ndani and that ><.u Wvy "i Uu' s-onas 
 and chnttelH of the idaimiff in tlie Hald County vi niol 
 
 exempt from execution), the said moneys amount in-^ topetlier to 
 
 „'„, sum of $ "•"' >■'""• '"^^■'"' '■''•"'*• '" """ •■"" 
 
 may have ih.' same within ihiity days after the datr heirnf. and 
 p„y the same over to the elerk of this C.un lor thr idaimiff. 
 
 An.l vou an. also required and ordered forthwitli to make 
 return t.."the elerk ..f this Court of what yoti shall hive done in 
 and about returning tae said gcods and chattels (or tlie said 
 eattle) to the defendant. 
 
 Given under the seal of the Court this day of 
 
 IS . 
 
 DAVID n. .lONE-^. 
 
 Chrk. 
 
 To Henry MePhall. i 
 
 Bailiff of said Court. 
 
 Judsment $ 
 
 Interest $ 
 
 Subsequent costs $ 
 This execution. .$ 
 T.evv the sum of $ besides your lawful fees on this procei,t. 
 
 143 EXECUTION ON ORDER FOR N0N-PAY>1ENT OF FEES 
 TO THE CLERK, UNDER SECTION 5... 
 
 ISeal.] 
 
 1 4,.i« .,f piime MS In suninuns u-s in 
 (Insert title of Court and style of cause 
 
 Form ofi). 
 
 party o„ w„ose l>eh,«lt the sa„l 7^« ";,"'" ,.,..,„„,„ ,„ 
 .uch ptoceedlnSB .ere taken :nu ,„s,,, .e K 
 .eel ion 54 ..t the Division Courts Act; an.l the ,...>■ 
 
 I ' H 
 
 'm^: 
 
410 
 
 DIVISION COrjM'S ACT. 
 
 has been ordered by the Judge, of which the faid plaintilT (or 
 X. G.) has had due notice; the same having been duly demandod, 
 and there being now due thereon the sum of $ , which 
 
 the said plaintiff (or X. G.) has neglected to pay. 
 
 You arc therefore ordered and required to levy of the goods 
 and chattels of the said plaintiff (or X. G.) not exempt from 
 execution, the sum of $ and your own fees, etc. (conclude 
 
 as in other executions against plaintiff for costs). 
 
 To 'J'hoiuas Sturge, ^ 
 
 Bailiff. Judge. 
 
 (Mem. as in other executions.) 
 
 Clerk. 
 
 <;.\1{.\1S1IKK 1M{(K'KE1)1NC;S. 
 
 (I I; 
 
 144. EXECUTION AG INST GARNISHEE ON JUDGMENT 
 ALREADY RECORDED. 
 
 In the 
 
 Division Court in the Countv of 
 
 I3et\vt en A. H., Primary Creditor. 
 
 I Judgment recovered dU the 
 ! day of A.D. IS , 
 
 - in the Division Court 
 
 I 
 
 j in the County of 
 
 Amount unsatisfied $ 
 day of A.D. IS'J , it 
 
 and 
 C. D., Primary Debtor 
 and 
 [Seal. J E. P., Garnishee. 
 
 Whereas, on the 
 
 was ordered that the garnishee should pay the primary creditor 
 the sum of $ (or if by instalments, state the fact) being 
 
 the (or so much of the) nmount of the debts found to be due 
 from him to the primary debtor (or as is sufficient to satisfy tiie 
 jtidgment of the primary creditor) and default having been made 
 therein (or $ part thereof being in default) according 
 
 to the said order. 
 
 You are hereby required to levy of the goods and chattels of 
 the garnishee in the County of (not exempt from 
 
 execution), $ so owing from him to the primary del)tor. 
 
 and ordered to be paid; and your lawful fees. 
 
 And what you shall have done, etc. (proceed the same as in 
 ordinary executions). 
 
 i ! 
 
I'ollMS. ■Ill 
 
 14-, FORM OF EXECUTION AGAINST GARNISHEE ONLY, 
 
 ON A CLAIM NOT A JUDGMENT, WHERE NO 
 
 JUDGMENT GIVEN AGAINST PRIMARY 
 
 DEBTOR. 
 
 (Title of Coun iind s'.yle uf cause.) 
 
 [SeaUJ 
 
 Whereas, at the sittings of this Court hrUi on the day 
 
 ^^. 18 , it was sufficiently yrovcd that ihr sum ot 
 
 I was and is due and owing fur a debt (or mon^-y 
 
 demand) over which this Court had jurisdiction, from the i.rimary 
 debtor to the primary creditor, and that the sum of $ 
 was and is due and owing to the primary debtor from th. sarni- 
 shee (or E R., one of thr garnishees) lor a debt (or money 
 demand) over which this Court had jurisdiction, and the luimary 
 creditor hath attached such last mentioned debt fr..n the 
 garnishee (or E. R.. one of O.u- garnishees), or sufficient thereot 
 to satisfy his claim to the extent of $ • ^"^^^ t|>" 
 
 garnishee was ordered to pay into Court the sum (or part oi th > 
 sum) so due and owing by him to the primary debtor (it by 
 instalments then state them) to satisfy the claiu. of the primary 
 creditor and default having been made therein, yoti are h.-r. by 
 requested to levy, etc. (Here proceed as in F,am 144). 
 
 14(J. EXECUTION AGAINST PRIMARY DEBTOR AND 
 
 GARNISHEE. 
 
 I,^ the Division Court in the County of 
 
 Between A. B., Primary Creditor, 
 and 
 C. D.. Primary Debtor, 
 and 
 [Seal.l ^- !'•' Garnishee. 
 
 No. . A.D. 18 . 
 
 Amount adjudged due from the primary debtor to the primar, 
 creditor, the day of . A.D. 18 , for debts $ 
 
 For costs 
 
 $ 
 
 Total debt and costs 
 
 Amount adjudged to the primary creditor, for money 
 
 owing from the garnish^, the day ot 
 
 A.D. 18 
 
 
 '\\\ 
 
 I ; li 
 
i ; 
 
 412 
 
 DIVISION COURTS ACT. 
 
 To V. W., rniliff of the said Ccnirt. 
 
 You ;ire hereby required to levy of the godds and chattels of 
 the primary debtor, in the said County of K. (not exempt 
 
 from execution), $ .-ibove adjudged to be due to the primary 
 
 creditor from the primary debtor, together with the costs of 
 this precept, and your lawful fees in executing the Kame. And 
 if so much goods and chattels of the primary debtor be not 
 found in the said County as will satisfy the said judgment, then 
 that you levy of the goods and chattels of the garnishee in the 
 said County (not exempt from execution) $ (or so much 
 
 thereof as may be necessary to satisfy the sa'd judgment) money 
 owing from the garnishee to the primary debtor, and which has 
 been adjudged to the prinr ly creditor; and your lawful fees 
 and what you shall have done herein return with this \vrit 
 within thirty days after the date hereof. (Conclude as in ether 
 executions.) 
 
 147. EXECUTION AGAINST GARNISHEE ON .TUDGMENT 
 
 RECOVERED AGAINST HIM AND PRIMARY 
 
 DEBTOR. 
 
 In the Division Court in the County of 
 
 Between A. B., Primary Creditor, 
 
 and 
 C. D., Primary Debtor, 
 
 and 
 E. F., Garnishee. 
 Amount adjudged due from the primary debtor to the 
 primary creditor the day of , A.D. IS , for 
 debt $ 
 
 For costs $ 
 
 [Seal.] 
 
 Total sum i? 
 
 Amount adjudged to the primary creditor for money 
 owing from the garnishee. the day of 
 A.D. 18 $ 
 
 To V. W., Bailiff of the said Court. 
 
 You are hereby required to levy of the goods and chattels 
 of the garnishee, in the said County of (not exempt fiom 
 
FORMS. 
 
 4i:} 
 
 execution), $ money owing from liim to tlic pvimMiy 
 
 debtor, and wliich hiis been adjudgea to the in'imury creaii')i-, in 
 satisfy his said claim against thr primary debtor, and y.mr 
 lawful fres and what you shall have don.' herein return with 
 this writ within thirty di-.ys after the date hereof. (Coucl.ide as 
 in other executions.) 
 
 1' 
 
 ATTACILMKNT OF DKl'.TS. 
 
 148. EXECUTION AGAINST GARNISHEE FOR DEBT AND 
 ALSO FOR COSTS UNDER SECTION 191. 
 
 (Title of Court and style of cause). 
 [Seal.] 
 
 Amount adjudg<'d due from the iiriunry debtor to the 
 primary creditor the day of A.D. 189 . 
 
 for debt ^ 
 
 For cost s ' 
 
 Total sum * 
 
 Amount adjudged to primary ere litnr for money 
 owing from the g.arnishce th'' <iay 
 of A. D. 189 ^ 
 
 To V. W., Bailiff of the said Court. 
 
 Y,m are hereby required to levy of the goods and chattels 
 of the garnishee (not exempt from execution) in the said County 
 ^f $ money owing from him to 
 
 the primary debtor; and inasm.ieh as the said garnishee set up 
 ii defence to the said claim which he knew (or ought to hav3 
 known), was untenable, the .Judge ordered that he should pay 
 the costs of the said proceeding, amounting to $ . Yon 
 
 are therefore further required to levy of the said goods and 
 chattels of the said garnishee (not exempt as aforesaid), the said 
 sum of $ to satisfy the said costs and your lawful 
 
 fees, and what you ;^hall have done herein, return with this writ, 
 within 30 days after the date hereof. 
 
 Given under the seal of the Court the d«y 
 
 cf 189. X. T., 
 
 Clerk. 
 
 f 
 
 W 
 
 Ai 
 
 rt,, 
 
 '4 
 
 m 
 
414 
 
 DiNisioN (.(•riirs A<"r. 
 
 
 ii, 1 
 
 ■HI 
 
 ■i 
 
 >'i 
 
 14{> EXECl'TION WHERE CLAIM MADE BY SOME ONE 
 
 OTHER THAN THE PRIMARY CRKDITOR OR 
 
 PRIMARY DEBTOR, TO DEBT SOUGHT '10 P.E 
 
 ATTACHED, AND JIDCE CilVES EFFECT 
 
 TO CLAIM UNDER SECTION UtT OF 
 
 Acr, wrrH costs 'io be 
 
 PAID to claimant. 
 
 (Insert title of C.miM ami style of caiisp .-is in Form 144). 
 
 Whereas, uiion this cause coming on to be iried. and iii)nn its 
 being iiroved th:M a debt was (.wing from the garnishee to the 
 primary debtor, it appeared that G, H. of . « iaimed 
 
 to bo entitled to the said debt by assignment Iheie-.f or other- 
 wise. 
 
 And whereas, the .Imlge at the sittings of this Court ho'dm 
 at in the County of npen the day of 
 
 A,D. 18 , having duly called the said G. H. and all other proper 
 parties before him by summons, for the purpos(>, as provided by 
 the 197th section of The Division Courts A(t, enquired into and 
 decided upon the said claim,* and allowed and gave effect to i', 
 and judgment was given that the ]uimury crcMliior (or as the casr> 
 may be) do pay to the said G. H. tlu> sum cf $ for 
 
 his costs of so establishing his right to the said debt, which 
 remains unpaid. 
 
 You are hereby required to levy of the goods and chattels of 
 the said primary creditor (or as the case may be) in the said 
 County of '»ot exempt from execution), th • 
 
 sum of I for the said costs of the said G. H. in so 
 
 establishing his right to the said debt, together with yotir lawful 
 fees. 
 
 (Proced as in Form 132 and conclude). 
 
 150, EXECUTION WHERE CLAIM MADE BY SOME ONE 
 
 OTHER THAN THE PRIMARY CREDITOR OR PRIMARY 
 
 DEBTOR. TO DEBT SOUGHT TO BE ATTACHED, 
 
 AND JUDGE HOLDS THE CLAIM VOID AS 
 
 AGAINST THE PRIMARY CREDITOR 
 
 UNDER SECTION 197 OF ACT. WITH 
 
 COSTS TO BE PAID BY 
 
 CLAIMANT. 
 
 As in last form to asterisk.* and then proceed, and held the 
 •same void as against the primary creditor for being a fraud 
 
FoltMs. 
 
 115 
 
 upon (ifdilors (or otluiwisp, statinK llic Kroiiiuli, iiml jiuliiUK'nt 
 was given that the said 0. H. do pay l<> iln' prinuuy citnlitor tli<> 
 g^n^ ,,f $ for his costs dl' opposing' ilio said claini, 
 
 ^vhi(dl remains unsatisfied. 
 
 Y(Hi are herel)y rcquin'd to levy of the coods and (diatuds of 
 the ^aid G. H. in tlio said Cmnly of (nut exempt fiom 
 
 exeoution), the sum of $ f<>r llio said costs of the said primary 
 
 creditor in so opposing the said claim, log. titer with yotir lawfid 
 fees. 
 
 (Proceed as in Foiiu 122 and cpiudiide). 
 
 No. 
 
 County of 
 
 l.-,1. FOR G.^RNISHEF/S COS'l'S. 
 A.D. 18 . In tiio Divls'on Gniirt in the 
 
 day 
 
 Between A. 15., I'rimary Creditor, 
 
 ISral.l «»'l 
 
 C. D.. Primary nel)tor, 
 
 ar.d 
 E. v., GarniPhee. 
 
 To V. W., Bailiff of the said Court. 
 
 Whereas, at the sittings of this Cotirt holden on the 
 ^jj ^ 18 , at .it was adjudged thar the garnishee 
 
 was not indebted to the primary debtor, as claimed by the 
 primary creditor, and judgment was given for the garnishee 
 against the primary creditor, for $ for his costs to be 
 
 paid at a day now past, and the primary creditor has not paid 
 the same. 
 
 You are hereby required to levy of the goods and chattels 
 of the above-named primary creditor in the said County of 
 (not exempt from execution) $ for his said costs, 
 
 together with the costs of this precept and your lawful f(>es in 
 executing the same, and what you shall have done ^^^^^^ ^^ 
 with this writ within thirty days after the d.te hereof. 
 (Conclude as in other executions). 
 
 1 
 
 ill 
 
i i I 
 
 -ilG 
 
 IJIVISIUN COUllTS ACT. 
 
 152. EXECUTION UNDER RULE 943 OF THE CONSOLIDATED 
 
 RULES OF THE SUPREME COURT OF JUDICATURE 
 
 OF ONTARIO. 
 
 In the Division Court in the County of 
 
 [Seal.] In the matter of th.' suit In the High Court of 
 
 Justice for Ontario (or County Court of the County of .) 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 and 
 E. F'., Garnishee, 
 v. W., ijailiff of the said Division Court. 
 
 You are hereby required to levy of the goods and chattels of 
 the above named garnishee, in the said county of (not 
 
 exempt from execution) $ money owing from him to 
 
 the defendant, which has been attached towards satisfaction of 
 the judgment of the said Court in the said cause, and which, by 
 the order of the Judge of the County Court of the said county 
 Ot dated the day of A.D. 18 , the 
 
 said garnishee was ordered to pay to the plaintiff. (Conclude as 
 other exectition). 
 
 I 
 
 iiiii 
 
 Pms 
 
 l.j.'}. EXECUTION AGAINST THE GOODS OF CLAIMANT 
 ON INTERPLEADER. 
 
 In the Division Court in the County of 
 
 No. A.D. 18 . 
 
 Between A. B., Plaintiff. 
 
 and 
 
 C. D.. Defendant, 
 
 and 
 
 E. F., Claimant. 
 [Seal.] 
 
 Whereas on the day of , A.D. 18 . the plaintiff 
 
 duly recovered in said Court, hcdden in and for said Division, 
 judgment against the defendant for $ de"!)t, and $ 
 
 for costs of suit which remained unsatisfied (when the judgment 
 has been revived add the following words: and on the day 
 
FoKMS. 
 
 41T 
 
 of 
 
 Of , A.l). IS , the saiil judgment was duly revived '). and 
 
 the said moneys nut heiuK paid, an execniion issued aj;aiusi liu' 
 goods and (luillels (d' the defendant, under wliieii (criain gnods 
 and (duittels were seized |if the intei'])!-- ad( r was in iHsi.el ii> 
 goods altacdied, omit all the preceding after the wnnl 
 " claimant," and say in lieu thereof as follows: " Wlurtas a 
 writ of attacdnnenl was sued out of this Court lor issued by a, 
 Justice of the Peace) under which certain gnuds and (duiitels, etc., 
 were seized ,aiid attached"), to which the aljove-named claimjint 
 made (laim, and whi(h (laim came on to 1)(> heaid and decided, 
 upon interpleader summons, at a sitting cd" this Couit. luld 
 on at and at siu h last-meniion< d Court it 
 
 was adjudged, toudiing the said cdaini. that the goods jor the 
 g(iOds. chattels and moneys, or procc ds (d' the goods, etc., (as 
 the ease may be) mentioned in the interpl ader summons |if only 
 for a, i)art nf the goods, etc., add the woids— " herealter men- 
 tioned, that is to say" (In re enuiuerate them)] were not the 
 properly of 1'^ F, (the claimant): and it was ordered that the 
 g„„i ,,f'^ the costs of that proceeding, should be 
 
 paid by the said claimant to the cbrk in days, for the 
 
 use of the said plaintiff; and whereas the said sum of $ 
 has not been paid, pursuant to the said order, you are hereby 
 re(iuired to levy of the goods and (hattcds of the claimant, in 
 the said Cu..nty of '"ot exempt from 
 
 execution) the saul sum of $ and your lawful fees, so 
 
 that you may have the same within 'hiny days after the date 
 hereof, and pay the same over to the (lerk of this Court fo:- the 
 l)laintiff. 
 
 (Confdude as in otlier executions). 
 
 P^i 
 
 
 .1^ 
 
 I' 
 
 
 I. J 
 
 ff' J 'I 
 
 Ik is 
 
 -f 's 
 
 ir)4. EXECUTION FOR COSTS. 
 
 (Title of Court and style of th(> cause). 
 fSeal.l 
 
 Yini are hereby required to levy of the goods and chattels of 
 the defendant (or the plaintiff) [not exempt from execution] in 
 the said county, the sum of $ for certain costs which by 
 
 r..e.A.— 27 
 
 n 
 
418 
 
 DIVISION ('<H'i!l'S .\<T, 
 
 the judginont of the said Court givon for 1).v tho order of the 
 
 Judge of tlio s.iid Court | dated thr day of , 18 , 
 
 were ordered to be i)aid by the said to the said 
 
 and which have Ix'cn duly taxed an(i aiinwcd at tlie said sum, 
 
 together with your lawful fees. (Conclude as in <itlier 
 
 executions.) 
 
 155. EXECUTION FOR SALE Ol-^ PROPERI'Y SEIZED. BUT 
 UNSOLD FOR WANT OF lUYKRS. 
 
 (Insert title of Court and style of cause.) 
 
 [Seal.] 
 
 Whereas, by an execution issued out of the said Court, dated 
 the day of , 18 , you were lately rcciuired lo levy 
 
 of the goods and cliattcls of the defendant (or i)laintiff) (not 
 exempt from execution) in the said county, the sum of $ 
 and your lawful fees; so th.-it you might have that money within 
 thirty days from the said date, and pay tho same over to the 
 clerk of this Court for the plaintiff (or the defendant), aiul you 
 at a day now past lately returned thereon, that by virtue thereof 
 you h,a<l taken goods and chattels of the said defendant (or plain- 
 tiff) to the value of $ , which said goods and chattels 
 remained in your hands for want of l)uyers. (Here state what 
 the return was, if different in any respect from wliat is herein- 
 before stated.) 
 
 Therefore you are required to expose for sah^ .and sell the 
 said goods and chattels so taken by you and every jiart thereof 
 for the l>est price that can be gotten for the same, to satisfy the 
 said execution. 
 
 In case the said goods and chattels do not srll for a suftici<"nt 
 sum to so satisfy the said execution and your lawful fees, you 
 are required to levy of the other goods and chattels of the de- 
 fendant (not exempt from execution) in the said cimnty, the 
 residue of the said sum and your lawful fees, so that you may 
 have the same within thirty days, efc. (Conclude as in other 
 executions.) 
 
FUUMS. 
 
 ill* 
 
 15G. EXECUTION IN DIVISION COllir FOR ENFORCING 
 
 ORDER MADE ON Al'l'EAL FNDER ll!!': ACT 
 
 RESPECTING MASTERS AND SER\ ANTS, 
 
 R. S. O. CAP. VM. 
 
 hi the 
 
 [Sral.l 
 
 Divisidn Couil in the Cnuniy of 
 Between A. U., Appellant, 
 and 
 C. D., ReKpondt'Ht. 
 
 Whereas, n\n>\\ the complaint under dith of tiic ^aid C. D., 
 the servant of the said A. H., the said A. H. was, on ilic day 
 
 of , IS , before E. l'\, a Justice of tlie Peace for the said 
 
 County of . ordered and adjudpied (here set out the order 
 
 of the justice. If for payment of wages state amount ami when 
 payable). 
 
 And, whereas, the said A. B., having duly appealed against the 
 said order or conviction to the Siiid Division Court of the 
 
 said County of , and the said appeal having l)een heard 
 
 before the Judge of the said C(,urt at a sittings thereof held on 
 the day of , IS . 
 
 It was thereupon ordered and adjudgi'd by tbe said Court that 
 the said appeal should be dismis!-e(l and that tlu' said (U'ller or 
 conviction should be afhrmed (or as the case may be), and that the 
 said A. B. should forthwith pay to the said C. D. the sum of ? 
 being the amount of the said wages and co^ts so ordered to be 
 paid by the said justice, together with $ being the rests 
 
 of and incidental to the said appeal a.s allowed ai:d taxed. .\nd. 
 whereas, the said sums so ordered to be paid remain unsatisfied. 
 
 Yon ;ire therefore hereby required to levy (if the <goods and 
 chattels of the said A. B., in the said County of (ni t 
 
 exempt from execution) the said moneys, amounting together to 
 the sum of $ and your lawful fees: ^o that ynu may have 
 
 the same moneys thirty days after the date hereof, and to pay 
 over the same to the clerk o^ this Court for the said D. C. 
 
 Given under the seal of the Court this 
 
 To V. W., ) 
 
 Bailiff of the said Court, i 
 
 day of 
 
 , 18 
 
 X. Y., 
 
 Clerk. 
 
 
IMNISlitN CoUllTS AC'I'. 
 
 iCXlXU riON AGAINST MAUUiKU WOMAN. 
 
 A. I). IS . 
 
 (Tlllo of Court iind slylf i>'' 'niisc.) 
 
 WhcvaH, on the 'lay of A.D. 18 the phiiiitill- 
 
 ,l„ly n'cov.Tt'd in the said ("ourt lioiden in and for said division 
 jii(l'nnu>nt for $ and msts, i.ayal.l.- out of the soparat.^ 
 
 property of the defendant A. 1'.,. wliicli r.'mains luiHatisned. Vun 
 are li.'rel).v re.iuired of Hie M)ods and ehaiKds heinK liie Si'parato 
 properly of tlie defendant A. H. (not snl)je(i to any resiriclioii 
 against antieipation unless hy reason of tlie Marri<>d \Voin< n's 
 Proporiy Act. the jiroperty sliall 1)(> liai)l<' to exeeution nniwilh- 
 standing such restriction) in llie said county (not, exempt from 
 execuiioiii ihc said moneys, amountiiifj; together to the som 
 ,,r $ and your l.a,\vfiil fees (conclude as in other forms of 
 
 execution). 
 
 J5S. WARUAN'r TO LICVV A -TNE ITON A WITNESS IN 
 COURT WHO REFrSES TO (IIVE EVIDENCE. 
 
 Whereas, 11. 11. heing hetore this Court at a sitt.iiKS thereof, 
 and called upon to give evidence in tliis cause, did wilfully refuse 
 to be sworn and give evidence without alleging any .iust ground 
 for such refusal (or after being sworn refused to give evidence 
 or to produce, as the case may be). 
 
 Whereupon il was ad,iudged and ordered by the Court that 
 the said 11. II. shiuild forthwith (or on the day of A.D. 
 
 18 (as the case may be) pay to the clerk of this Court a fine 
 of $ , for such neglect (or refusal). .\nd wlieieas the said 
 
 H. H. hath not made such i)ayiiient: These are therefore (as 
 before or as often before) to command you, forthwith to make 
 and levy by distress and su.Ie of the goods and chattels of the 
 said H. H. (not exempt from execution) the said fines and costs, 
 amounting together to the sum of $ , and your lawful 
 
 fees; so that you may have the same within thirty days after the 
 date hereof, and to pay the same over to the clerk of the Court. 
 
I'OltMS. 
 
 Glvon uiulrr tho soal of llio C'..\irt iliis 
 
 Uy order oi the .Imlgi' 
 X — 
 
 To V. W.. HailitT of tlif siiiil Court. 
 
 Fine ^ 
 
 COHIH 
 
 Expcutlon 
 
 I.cvy tho sum of 
 
 And your own lawful fees 
 
 day uf 
 
 421 
 
 is . 
 
 Y- 
 
 Clprk. 
 
 ir.it. WARRANT TO LK' V 1' INK ll'ON WITNE.^S WHO 
 
 IlEl-TSKD 'lO BK SWORN ll'ON lUS ATTKNUANCIC 
 
 rPON SrURCKNA. 
 
 (Insert tiiUM)f C'tiuri and style of cnuHc). 
 
 ^Vhereas, at a sitting; nf this Tourl holden on at 
 
 in the said Coiinty, II. H. of dn'i" dc-Tihc iho wilncss 
 
 as in tho snbpaMia) was duly sunuurncil to apimar as a wlimss 
 in this action to Rive liis Pviucncc dii the pan of tlu' i)lainiiff ((.r 
 defendant) and at Iho time of his l)i'ini:; so sinnnioncd. i)aynii'nt 
 Utv a tendor of paymrnt of his necessary and reasonable ex- 
 penses for such attendance was duly made to liini according lo 
 law) and liavins appeared did tlu>n and there wilfully refuse to he 
 swiirn and give his ev'Tdence in this action (or lo produce ar5 tlie 
 case may be). 
 
 Whereupon it was adjudged, etc (preceed as in tlie two next 
 preceding forms, after the word " adjudged " to the end). 
 
 ICO. WARRANT TO LEVY A FINE ON A WITNESS FOR DIS- 
 OBEDIENCE OF A SUBF(ENA. 
 
 (Insert TUle of Court and styh> of cause.) 
 
 Whereas, by a subpoena duly issued under the seal of this 
 Court in this cause (bearing date the day of A.D. 
 
 18 ) one H. H. of (here name and describe the person 
 
 as set forth in the subpoena) was duly sinnmoned to appear as a 
 witness to give his evidence in this action on the part of the 
 
42: 
 
 DIVISION (((rKI'S A«r. 
 
 Piii- 
 
 plaliitil'f (Of (hfciulanl) at a sittinK of this t'uiirt, held at in 
 
 iIh' saiil ctiiiiity. on tin- ilay of A.I). 18 (and 
 
 to prodiico tluMi and tiicio as ili.' nisc may bi'l. And wlicreaH, It 
 has' bcfn duly HJit-wn that payincnl (or tt ndi-r id' paytnnit) of liis 
 reasonable oxpcnsos was flidy made to the said II. II, at tlii' tlmo 
 of such service. And wheroan, the said II. II. did not appear to 
 give su(di ovidenco (or did nnt, produce bei'orf^ llic said, as tiie case 
 may be), in olx'dionce to tlie said siibiHi'iia, l)ut wiiolly fail'd 
 thendii. And whereas, the plaintiff (or ilie defendant) made 
 application to Ibis said Court on the day nf , A.IJ. IS 
 
 that the said H. H. simuld be (Ined for such newlcit and dis- 
 ol)edience l)y this said Court. And whenas. notice of the said 
 application was on ilie day of A. I). 18 , dttly 
 
 served upon tlie said II. H. And afterwards nn the day 
 
 of A.I). IS (being the day named in such notice), 
 
 the plaintiff (or deftMidant) and tlie said H. M. appearid in fur- 
 therance ihereiif, and no cause or excuse"' bdng made to ajipear to 
 tlie sailsl'aciion of tlie Cutii't, f(U" such non-attendance (or for not 
 producing tlie said, as tlie case may be) mid neglect (or the s.aid 
 n. II. made default and did uol .ipix'ar upon tlie said notice to 
 sliew cause to tlie said ,a.pi)licaticn or against his being fined for 
 puch neglect, and upon reading Ilie airHlavKs and jiapers liled 
 upon tiie said aiiplicalion sbewing due service of tlie said notice) 
 and no caus(> or excuse (iiroceed from the asterisk"' in the n 'xt 
 piecediiig i)aragraph to the end of it). 
 
 Whereupon it was adjudged (proceed as in the next iireceding 
 forms from the word "adjudged " to the end). 
 
 KJl. FORM OF EXECrTIOiX IX DFTINCE. 
 
 ('I'itle of Court and style of cause). 
 
 Whereas, upon hearing tins action of detinue at a Court 
 holden at in and for the said division on the day 
 
 of A.I). 18 . it was adjudged that the plaintiff do 
 
 recover and that the defendant do deliver to the plaintiff, the 
 deeds (or the goods, or chattels (as the case may be) stating 
 particulars thereof) forthwith, and also that the defendant should 
 pay to the plaintiff the sum of $ , the value of the s-ail 
 
 goods and chattels, in case the same are not returned upon your 
 demanding the same, and also the sum of $ for costs of 
 
FOUMS. 
 
 m 
 
 saiil plaintiff, an<l if tin- (UfotKlti.nt d.ics not rt'lurn to you tlu- wiliT 
 (Iri'tlH (or the «alil gnmirt and cluitU'lHi foilhwltli, m- pay lh<' salil 
 flanniKt'S and costs upon d<Mnaiid, you arc llicrcfdrc rctiuircd ami 
 ordered that wilhoul delay, you «:niHc llic same to lie reliin.ed to 
 tlie plainiilT, un<l Hint it Hi'' ^aid <lccda, Koods or chattels ca'inni 
 he f..;!iid ill 111"' said county, then iliat you levy of the poods and 
 chattels .if the defendant In Hie salil county (not exenipi from 
 ■ xecution) the said moneys, nmouniiii« alln«etlier to the sum of 
 « and your lawful fees, so lliat ymi may liav(> the same 
 
 withii. :?<• days after Hie date tlieienf. and pay (lie sauu> over to 
 tlie cieri< of lliis ("oiirl for tlie iiiaiiitilY. 
 
 (liven under the seal of the Cniirt this day of AH. 18 , 
 To V. \V.. Bailiff of the said Court. 
 
 X — Y . 
 
 Cieik. 
 
 (Add memo, as in i''oim i;'.2). 
 
 |i;j 
 
 WAKllANT Ol'^ COMMi'PMlCNT IN nEl''AUi/l' OF 
 APPKAUAXCK. 
 
 1,1 tiie Division Cmiit in tlie Couniy of 
 
 N.I. , A.I). IS . 
 
 [Seal. J 
 
 Between A. B., Plaintiff, 
 
 and 
 
 C. D.. Defendant. 
 
 To V. \V., Bailiff of the said ("oiul, and to all oonstaul^'s aval 
 peace officers of the County of and to (he gaoler of the 
 
 c.unnion gaol of the said County of 
 
 Wlt.'reas, at (he sittings of this durt (or of the Divi- 
 
 sion Court for, etc.), h.dden at , .in the day of 
 
 1,S , the plaintiff, by the judgment of the said Court, in a c.-rtain 
 suit wherein the Court had jurisdiction, recovered against the 
 defendant the sum of $ , for his debt (or damages) and costs 
 of suit, which were ordered to be paid at a day now past:— And 
 whereas, the defendant, not iuiving made such payment upon 
 application of the plaintiff, a summons w.as duly issued from and 
 out of this C.iurt. against th.> def.mdant, by which summons the 
 defendant war, required to app.'ar at (he sittings of this Cmrt, 
 
 I 
 
424 
 
 DIVISION conns A<r. 
 
 holclen a,t on, etc., to jinswcr Kuch questions ns might bo 
 
 put to him, touching (set out as in the summons)*:— And whereas, 
 it was duly proved on oath, :it the said last mentioned sittings 
 of this Court, that the defendant was personally served with the 
 said summons: — And whereas, the defendant did not attend, as 
 required by such summons, nor allege any sufficient cause for 
 not so attending: — And whereas it appeared to the satisfaction of 
 the .Judge that such non-attendance was wilful (or, " whereas, the 
 defendant has failed to attend after being twice so summoned.") 
 And thereupon it was ordered by the .fudge of this Conn 
 lliat the defendant should be committed for the term of days, 
 
 i-> the common gacd of the said County, accdiding to the form of 
 the statute in that belialf, or until he shotilil be discliarged by due 
 course of law: — These are thcrefnre to ie(iuite you, the said 
 Iniiliff and others, to take the defendant, and to deliver liim to 
 the gaoler of the common gaol of the said county: .And you. tht^ 
 said gaoler, are hereby recpiired to receive the (lef(>ndant, and him 
 safely to keep in the said common gjiol for ilie term of (l;iys 
 
 fiom the arrest under this warrant, or until he sliall be soon;'r 
 discharged by due course of Ijiw. according to the provisions of 
 the Act of f\arliament in that behalf; for whicli this shall be 
 your sufficient warrant. 
 
 Given under the seal of the Court this 
 A.i:). IS . 
 
 X 
 
 day of 
 Y 
 
 Clerk. 
 
 Debt and costs U]) to the time of 
 the delivering of this warrant 
 for execution $ 
 
 1G2(/. WARRANT OF CO.MMITMRNT AFTER EXAMINATION. 
 
 In the Division Court in the County of 
 
 (As in last Form, down to the a.sterisk*, conclude as follows): 
 
 And wherea.s, the defendant having duly appeared at the said 
 Court i)ursuant to the said s ' ■.nioiis. was examined touching the 
 said matters: And whereas, it appeared, on such e.vaminalion 
 that [here insert the particular ground of commitment in ll;e 
 language used in the statute, e.g., " C. D.. the defendant, incurred 
 the debt (or liability), the subject of tbir jiction, under false 
 pretences" (or by means of fraud or brejicli of trust.")] 
 
FoliMS. 
 
 -J-25 
 
 And theivupon it was ordorod by ihe said Judge that the 
 defendant should be coniniiltod Un- the term of days in tlu' 
 
 common gaol of tho said County, aec.nding to the form of iho 
 statute in that behalf, or until ho should b-' discharged by duo 
 course of h'-w. 
 
 These aro, thrrofore, to ro(iuiio you, '.he said bailiff, and 
 others to tako the said defendant, and to deliver him to ih.' gaoler 
 of the'cmmon gaol of the said County: and you, th^ said gaoler, 
 •u-e horebv rociuired to rocoivo the dofoudani, and him safoly keep 
 'in the said common r-l f"i' tbe term of days from tho 
 
 arrest under this w.-irrant. or until ho shall bo sooner dis- 
 charged bv due course of law. according to the provisions of the 
 Act of Parliament in that behalf; for which this shall be your 
 sufReient warrant. 
 
 (Jivon under the seal of the Court, this day of 
 
 A.D. 1S9 
 
 Debt and costs up to the 
 execution $ 
 
 X Y- . 
 
 Clerk. 
 
 time of the delivery of warrant of 
 
 , I" 
 
 t1 
 
 c ti 
 
 
 *l 
 
 ^■, ^ 
 
 n?>. WARRANT OF COMMITMEXT FOR CONTEMPT IN OPEN 
 
 COFRT. 
 
 In the Division Court iu the County of 
 
 To V. Vv'. bailiff of the said Court, and to all .onstaldos and 
 
 peace odicers of the County of 
 
 and to tho gaoler of the 
 
 cominon gaol of the said County of 
 
 Vnieroas at the sittings of this C...rt holdeu on at 
 
 i, was adjulgod that E. F. did. ,hon and there in open our 
 wilfullv insult me . .ludge .or deputy or acun .ludg 
 
 of tho'said Court for did. in view of tho Court. wUiuUy tasu 
 
 clerk .or bailiff) of the said Court, during his attendance 
 
 at such Conn (or did unlawfully interrupt the proceedings ot the 
 
 Lrc't':,!; and it was ordered, that tito .aid E.F.«^^^ 
 
 ,,,aia,elv pay a fine of $ . U. su.dt offence, and m defattl 
 
 ;,- ,,.,,;.;,, he committed to the comn.on gaol of the County of 
 ■ for <lavs; and whereas tho s:.id E. V . d.d not paj 
 
 The said fine, in obedion.'^ to the said -u'dor: Those are there- 
 fore to require you. the said bailiff an<l others, to take ^ho said 
 
 < 11 
 
 ;^t^*-'ia»i*i 
 
42G 
 
 DIVISION conns Ai;i'. 
 
 E. F., if he bhall bf found within the said County of 
 and deliver him to the said gaoler of the common gaol of the 
 said County of ; and you, the s-aid gaoler, are hereby 
 
 required to receive the said E. F., and him safely keep in the 
 couunon gaol aforesaid, for the term df days from the arrest 
 
 under this warrant, unless the said fine and costs, th(> costs 
 amounting to $ , and also the exi)enses attending the 
 
 commitment, amounting to the sum of $ . be sooner paid. 
 
 Civen under my hand and seal this 
 
 Sealed with the seal of the Couri 
 
 of 
 
 [L.i^.l 
 
 , IS 
 [L.S.] 
 Judge. 
 
 X. Y.. 
 
 Clerk. 
 
 TWAXSCini'TS. 
 
 164. TRANSCRlP'i' TO ANOTHER niVISlON COURT OF .TUDt}- 
 MEXT OX SPECIAL SIWIMOXS. 
 
 In the Divisiou Court in the County of 
 
 Between A B , Plaintiff, 
 
 and 
 C D 
 
 : Seal. 
 
 ing to $ 
 
 , Defendant. 
 
 ^^'1 'lie day of 18 , a "Special 
 
 Summons " requiring the defendant to answer the 
 jihiintiff's claim for a debt or money demand, u-.uount- 
 , was issued out of this Court in this cause, with 
 the pjirticulars of the plaintiff's claim thereto attached; on the 
 ''='>■ f'f "18 . the defendant was duly served 
 
 with a co|)y of du. said summons, and particulars of claim, and 
 the defendant did not leave with the clerk a notice, .-is recpiired 
 by the statute in that behalf, that he disputed the pljiintiffs claim, 
 or any part thereof (or as the case may be), the said summons and 
 particulars, with an affidavit of the due service of each, having 
 been filed, final .iudgment was entered on the day of 
 
 A.T). IS , by the clerk, as follows: (here copy minute of 
 judgment, and if judgment revived state the fact as in Form 
 mm. An execution issued ag.ainst the goods of the defendant 
 
roitMs. 40 
 
 on the ilay "f 18 , ami was naurued on Iho 
 
 day of IS , nulla bona (or as iln' cabe may be.) 
 
 Pursuant to tho i)r()Vitiious ot ihe Division Courts Acts, I, 
 
 X Y , clerk of the said Court, do certify tliat th>' above 
 
 transcript is correct, and duly taken from the procedure book of 
 the said Court, and that judgment in the above cause was re- 
 c(jvered at the date above stated, viz.: the day of 
 
 18 ; and further, that tlie amount unpaid on said judgment is 
 I , as stated below. 
 
 Given under the seal of the said Court the day of 
 
 A.D. 18 
 
 Amount of judgment $ 
 
 Debt 
 
 Costs 
 
 X y , 
 
 Total ^- Clerk 
 
 Additional costs . 
 
 do interest 
 
 Total $ 
 
 Paid 
 
 Amount duo $ 
 
 'I'o R a , rlerk of Division Court 
 
 County of 
 
 Uiu. TRANSCRIFl- TO COVXVY COURT Ol'^ JIDGMICNT OX 
 SPECIAT. SUM^IOXS. 
 
 In the Division Court in thv- Couaty of 
 
 Between A H -. Plaintiff, 
 
 and 
 - D 
 
 Dpfendant. 
 
 'I'he f(dlowinR proceedings were luul: — 
 
 On the day of 18 , a special sum- 
 
 ": Seal/: mons requiring th<> defendant to answer the plaintiffs 
 '■ \ . .'.' : claim for a debt or money demand, amounting to $ 
 was issued o;il of this Court in tliis cause, according to the 
 statut.' in that behalf, with the particulars of the plaintiffs claim 
 thereto attached; on the day of . IS • the de- 
 
 fondant was personally served with a copy of the said summons 
 
 ''^*^ 
 
428 
 
 DIVISION COl'lt'l'S .\< r. 
 
 and particulars of claiKi, and the defendant did not leave with 
 the clerk a notice, as required by the statute in that behalf, that 
 he disputed the plaintiff's cljum or any part thereof (or as the 
 case may be), the said summons and particulars, with an affidavit 
 of the due service of each, having been filed, final judgment was 
 entered on the day of , 18 , by the clerk, as 
 
 follows: (here copy minute of judgment, and if judgment revived 
 state the fact as in Form 164/() on the day of 
 
 IS , a writ of execution on the said judgment was duly issued. 
 
 (Conclude as in last form omitting the address to the clerk). 
 
 N.n. — The above form may b;' adopted, wilh the necessary 
 alteration, for a 1ranscrii)t to the County Court, of .1 judgment 
 upon ordinary summons. 
 
 164ft. TRANSCRIPT OF .TCDGMEXT OX ORDINARY SFMMOXS 
 FROM OXE DIVISIOX COFRr TO ANOTHER. 
 
 In the Division Court in the County of 
 
 Transcript of the entry of a judgment recovered on the 
 
 day of , A.D. is . i„ said (\)nrt. h(dden in and for 
 
 division in a suit numl)eicd , a. I). 
 
 lU'lween A R _, Plaintiff, 
 
 lid 
 
 [Seal.] 
 
 Amount of judgment. 
 Debt, $ 
 Corts, $ 
 
 Additional 
 costs, $ 
 
 Total, $ 
 Amount 
 paid $ 
 18 
 18 
 Total paid,$ 
 
 Amt. due, $ 
 
 and 
 - D— 
 
 D(>f('ndant. 
 
 [ Judgment for pijiiniiff for $ (lol)t. 
 
 and .$ coi-ts of suit; execution issued 
 
 i on the ,1a V of \ \\ 
 
 i 18 , and rt'tui'iicd on tlic day 
 
 of , A.D. IS (here state Ih? 
 
 ; return). (If the judgment was revived, 
 add the f(d]owing words: " and on 
 ^h^ <l:"y of A.D. IS , tho 
 
 said judgment was duly revived.'') Pur- 
 suant to the i)roviHions of "The 
 Division Courts Acts." 
 
 I- ^' Y , Clerk of flie said 
 
 Division Court, do certify that the above 
 transcript is coirect, and duly taken from 
 the Procedure Hook of lh(> said Court, 
 and tliat judgnuuit in the above cause 
 was recovered at the date ab ive slated, 
 viz.: 
 
 
I'OUMS. 
 
 imioiin 
 
 tiny of 
 t uniiaiil on sa 
 
 A.D. IS 
 id jiulgmcnt is $ 
 
 and furlhor, that Iho 
 , ab stated in tli« 
 
 miii'gin heirof. 
 
 Given under the seal of the said C.nut this day of 
 
 A.D. 18 . 
 
 Y- 
 
 Cleik. 
 
 To 
 
 Clerk of tlu' 
 
 Division Court in the County of 
 
 INTKUrLK.VDKlJ. 
 
 105. APl'LlCAllON OF BAILIFF FOR INTERPLEADER. 
 
 (insert title of Court and style uf cause). 
 By virtue of a writ of exeeution (or ■•attachment" in this 
 
 , .1 ,Mv of IS , from this Court, 
 
 cause, dated the (LO ot , is , 
 
 I did, oil the clay of .18 , seize and take n 
 
 execution (specify goods, chattels, etc., seized) as the prop, rly 
 of the defendant. E. F., of the township of , etc., now 
 
 claims the same as his property (or now claims the said 
 and as his property), and that the value thereof is if 
 
 you will therefore be pleased to issue an interpleader summons 
 ,o the plaintiff and to the said E. F.. accordin,^ to the statute m 
 that behalf. 
 
 Dated , 18 . 
 
 'I'o the clerk of th*' said Court. 
 
 V W . 
 
 Bailiff. 
 
 I , 
 
 !• 
 
 K 
 
 ^ 
 
 '.4.1 
 
 *'iif 
 
 V' ! 
 
 1 
 
 'a > 
 
 it 
 
 16G. LANDLORD'S CLAIM FOR RENT UNDER SECTION 269. 
 
 Whereas, I have been informed that you have seized the 
 goods of C. D. of , on the premises at . to satisfy 
 
 a certain judgment of the Division Court ui 
 
 against the said C. D., at the suit of A. B.; I hereby give you 
 notice that I am the landlord of the said premises, and that 1 
 claim $ for rent now in arrear, being for one (or as the 
 
S!i„ i 
 
 430 
 
 DIVISION COCK IS ACT. 
 
 case may be), niul I require you to pay the same to nie before 
 you apply the proceeds of the sale of said goods or any part 
 thereof to satisfy the said judgment. 
 
 Dated, etc. E. F., 
 
 To V. W., Landlord of said Tenement. 
 
 Bailiff of . ele. 
 
 1C7. SUMMONS IN INTERPLEADER. 
 
 In the 
 
 Division Court in the County oi 
 
 No. 
 I Seal 
 
 A.D. IS 
 
 Between Heniy Bray. Plaintiff, 
 and 
 John Nokes, Defendant, ' 
 
 and 
 Robei't Roy, Claimant. 
 You, the said Robert Roy. are herel)y summoned to appear 
 at the sitting of this Court t() 1)0 hidden on Friday, the first day 
 of November, A.D. 18 , at the hour of ten o'clock in the fore- 
 noon, at the township hnll. in tlio village of Markham, in the 
 said County, touching a claim made by you to certain goods and 
 chattels and cattle {or moneys, or securities, as the case may be) 
 viz.: — (Here specify the goods, etc., claimed), seized and taken 
 in execution (or attached) under process issued out of this Court 
 in this action (or by attachment isstted by G. R., a .Tustice^ of the 
 Peace), at which time and place you will be reriuired to maintain 
 your claim to the snid goods and chattels, and in defnult of your 
 then estal)lishing such cl;iim, the said goods and chattels will be 
 sold (or the said moneys be p.aid and delivered over) .according to 
 the urgency of the said process. 
 
 And take notice that you are required, within five days after 
 the day of service hereof upon you, to deliver or leave at the 
 clerk's offlce, particulars of the goods and chattels (iis the case 
 may be), s(t claimed by you and the grounds of your claim. 
 
 And you, the said Henry Bray, are also hereby summoned to 
 appear at the said sitting of the said Court, and maintain yo\ir 
 right to have the said goods, etc. (or as the case may be) sold to 
 satisfy your claim. 
 
I'oltMS. 
 
 l:U 
 
 And all (he said paitirs aiv rciiuiied I., takr nolico. Ui;ii vwvy 
 claim will, at the said silting ut Uu" said Court, b." adjmlicMto 1 
 
 uuon. 
 
 Given under the seal uf the Court, this day ol 
 
 January, A.U. 18 . ^^ ^^^^^ 
 
 (Mrrl<. 
 Ndtii'I'; t(i 'lUK l'.\uTri;s. 
 
 When', under sub-secliuu 3 cf section lICD of the Act, the 
 claimant to soods taken under process, claims damages from the 
 creditor, <ir from the bailiff, or in rcsp.'Ct of the sci/.urc of the 
 property, he shall in the pniiculars c,f his claim to tl.e g„ods 
 state the amount he claims for damages, and tlu^ svotinds upon 
 which he claims such damages. 
 
 Where a creditor claims damages against a b.-iiliff arising .mt 
 of the execution <.f any process, he shall, hve clear days before 
 the day upon which the interpl,>ader is to he tried, deliver to the 
 b.ailiff a notice of such claim, stating the gioiinds and amoi.nt 
 of siuh claim. 
 
 Add also menioiandinn, Form .')!. 
 
 1(!S. PARTICULARS OF CLAIM IN INTERPLEADER. 
 In the First Division Court in the County of Prant. 
 Between Aaron Parr. Plaintiff, 
 and 
 Colin Duffy, Defendant. 
 Edgar French, Claimant. 
 To whom it may concern: — 
 
 Edgar French, of , claims as his property the f.dlow- 
 
 ing goods and chattels (or moneys, etc), seized and taken in 
 execution (or attached) as it is alleged, namely (specify the goods 
 and chattels, or chattels or mcmeys, •■tc, (daimed) and the grounds 
 nf claim are (set forth iu ordinary language the particulars, on 
 which the claim is grounded, as how acquired, fro.n whom, 
 when, iind the lonsid. 'ration paid or to be paid and when), and 
 this the said Edgar French will niitintain and prove. 
 
 E. French. 
 
 Dated this day of . 18 . 
 
 N.B.— If any action for the seizure has been commenced, state 
 in what Court and how the action stands. 
 
 1. 
 
 ' I 
 
432 
 
 DIVISION CorU'lS At'T, 
 
 If'.i). ADJUDICATION ON INTI<]RI'LEADP]R. 
 
 A(ijii(it;((l, IliJit tlu' goods [or llu- guods, cliattcls and moneys, 
 or in-uceeds of the gdods fie. (as tiie case may hv)\ iii-ntioned 
 in till' int('i'i)l(^a(l('r sumnmns |ir only for a part of the gouds, etc., 
 add the \vui".is " hereafter mentioned, tiiat is to say (here eniimiM- 
 ate them) I are (or are not) the property of I-]. V. (tin- claimant), 
 or that rent to the amount of $ is due to M V. (the 
 
 claim;. nt); Ordered that $ the costs of this proce. ding 
 
 he luiid hy (heie insert sik li eider a.s to costs, or the suh.ject 
 ill dispute, if an>, as the .Iiidge shall h.ave made) in days. 
 
 WHiasi': i>.\.M.\iii:s ci.AiMiai mi AiMromai. 
 
 It is ali^^o adjudged that the said M l'\ (the claimant) has su.-i- 
 tained damages arising, or capal)le of arising out of the execution 
 of tlie process hy which s.iid gonds (or as the case may he) weie 
 taken in execution (or attached) in the amount of $ , and 
 
 that the same is recovtrahle from and payable hy A. H. (th<> 
 execution creditor or L. M., the bailifl), to the said IC !•'. (the 
 clainwHil). and \vhi(h said sum Is hi rehy oidercd to be paid forth- 
 with (or as the case may be). 
 
 170. WHERE ItOTII COODS AND I)AM.\nES ARE CLAIMED 
 AND I'HE CLAIM TO NEITHER IS ESTABLISHED. 
 
 Adjudged, touching the claim of E. l'". to certain goods, etc. 
 (as in the i)receding form) and for dama.gi s arising out of the 
 said exectitiim, referred to in tlie interpleader summons, and 
 which E. P. claims against (the execution creditor) and the bailiff 
 of the Cinirt that the said goods, etc. (nr moneys) or part thereof 
 (describe the part) are the i)roperty of (exectition debtor), and 
 that the said E. F. is not entitled to receive any damages from 
 either (the execution creditor) or the said bailiff; Ordered that the 
 costs, etc. (as in the preceding form). 
 
 171. WHERE ROTH GOODS AND DAMAGES ARE CLAIMED, 
 AND THE CLAIM TO ROTH IS ESTARLISHED. 
 
 Adjudged, totiching the claim of E. F. to certain goods, etc. 
 (as in Form 109), and for damages arising (same as in Form 170), 
 
roi'.MN. 
 
 -tsa 
 
 thnt the said gomls and chatU'lri (or nioiioys) w \iav\ tluneof 
 (si)i'eifyiug tlu-ni), are tlu- yroporty of E. F., and Unit H. F. i* 
 entitled to recover the sum of $ for dainagi's aiislng 
 
 out of the said cxecutiun against the bailiff of this Court; Ord'Mod 
 that the bailiff of this Court do luiy the said E. F. thf sum of 
 $ for damages, and the sum of $ for costs, and the 
 
 said A. I), (the execution creditor) to pay the said E. F. the sum 
 of $ for costs. 
 
 172. WHERE BO'i'H GOODS AND DAMAGES ARE Ci.AlMED, 
 
 AM) MONEY IS PAID INTO COril'l', IN RESPEC f OF 
 
 THE LATTER, AND THE CLAIM TO THE GOODS 
 
 IS ESTABLISHED AND 'I'HE MONEY PAID 
 
 INTO COUR'l' IS FOUND TO BE 
 
 SUFFICIENT TO SATISFY 
 
 THE DAMAGES. 
 
 It is adjudgi'd (proceed here as in Form l(j;,t), iiud inr dam- 
 ages arising out of the said execution and which E. F. claimed 
 against E. G., the bailiff of this Court, and in respect of which 
 he hath paid into Court the sum of $ that the said gouds 
 
 and chattels, etc. (or moneys, etc.), or part thereof (specifying 
 them or it) are the property of E. F., but that the said sum paid 
 into Court is sufficient to satisfy all damages arising out of the 
 said execution; Ordered that A. P.. (the execution creditor) do pay 
 to the said E. F. for her costs, and that E. F. do pay to thf said 
 E. G., the said bailiff, the sum of $ f^r hir costs. (Con- 
 
 clude as in Form 16D). 
 
 [The foregoing Form 172 may be adapted to the case where 
 money is paid into Court in respect of damages, or the claim to 
 the goods is established and the money paid into Court is ad- 
 judged insufficient); Ordered that A. B. (the execution creditor) do 
 pay the sum of $ for costs, and that E. G., the said bailiff, do 
 
 pay the said E. F. the further sum of $ for damages, and 
 
 also the sura of $ for costs. (Conclude as in Form KJi) 
 
 ante.)] 
 
 D.C A. 
 
 -28 
 
.j;]| KlSISliiN <t>ri!iS Ai'T. 
 
 1TP,. AD.nhKXIION FOR l).\M.\(;i:s, IX A CASi: WIIKill': 
 
 line i:xi:('i TioN ("iucdiiou uhcovkus acain-t 
 
 TIIH IIAILII'I', WHO PAYS AIONKY INT.) 
 
 ronri' 
 
 A<ljinls<"<l. tniiching tho Haini. nc cis in pic.cdiiii; forms) 
 un.l in n'spct of .Inmimcs luisiiiu niu of .-in I'xociuion in iliis no- 
 ,inn. in uhi.h M-MTS. ^ivrn fmn. iIh' Cmnt ai th- in.tan.c of 
 ,li(. said A. n. (Ill" rM'tntioii .K.liioit .lirictini; Hm' siiid ImiIiII 
 ,„, ills Court to h'xy il.o snm i'f ^ <'f aiul fnun tl,. unr,). 
 
 and cliaitcls of I'. D. nho rxriutiou d. I.K.i). and in r^ s,m ct ot 
 \vhi.h dania.u.s !•:. (!., th.' l.ailiff of this Coi ft. av.d in i-sp.M t of 
 which dania,ti«'s tiu' ^aid liailiff luillt l a .1 into Couii llu' sum of 
 $ ihal tlH' sum paid into Couri is not sultiiii'iit lo s.iiisfy 
 
 .,11 da.aa^os"a.•isin^■ out of th. said ..x.'cuth n |or that thr sam 
 paid int.) Couft is not suirua-.nt to satisfy thr dam.agcs ansim' 
 out. of thr s.aid oxccution and tliat ilu' said A. 1?. (lli<- .•x.vu,iou 
 cmlilof) is .-ntithd to i.-tov. f tlu" furtli.-f sum of $ lor 
 
 U..nnaa.s fiom tl... said i:. <'... tlir said l.ailiffl; (-fdnr,| ihat f o 
 sai.l A. 1?. do pay the said K. C ili" sum of $ for <nsls nv 
 
 that said E. (i. do pay tlir said A. I!. iIk- furilHT sain ol $ 
 for daniaijtvs. :ii;d also $ l't»r (o-ts). iCna. liuio as in 
 
 Form lt;i'). 
 
 171. WHERE BOTH GOODS AND DAMAGES ARE Cl.AIMED. 
 
 AND THE CLAIM TO THE GOODS TS, HCT THAT TO 
 
 DAMAGE IS NOT ESTAHITSIH':!). 
 
 Adjudged, touching the daiiu of E. F. to cert:. in gcod.^, etc 
 (as in Form Ui9) and for d.aniages, etc. (as in Form ITiM, but that 
 the said E. V. is not entitled to recover any damages from citlur 
 the said A. B. (the oxccaition creditor) or the s.aid bailiff; Oidered 
 tliat A. H. (the execution <i'edit.irl do pay to the said K. V. the 
 sum of $ for the costs, and that the said E. F. do pay 
 
 to the said bailiff the sum of $ for his ccsts of defendin;j; 
 
 the said claim for d.amages. (Conclude as in Form ICO). 
 
 17,-. WHERE BOTH GOODS AND DAMAGES ARE CLAIMED, 
 
 AND THE CLAIM TO THE GOODS IS NOT. BFT THE 
 
 CLAIM TO DAMAGES TS ESTABLISHED. 
 
 Adjudged, touching the cliiim of E. P.. etc. (as in preceding 
 Form KiJt) that the said goods and chattels, etc. (as in preceding 
 
 f 
 
KiU.MS. 
 
 l;l") 
 
 ,,•„,„, I'lin aic Ihf inni)cvty of \\\v huM C. 1>. ,th.' rx.ruiinu .IM,- 
 ,,„,, ail.! ihal lUe ^^iihl K. I', "lir claimant) is . iiiiH.M m n-..\.T 
 55 lor (limiiiy'S I'roiii iIh' saiil Inilitl oi' this ('..liit. li'.l 
 
 'u.,i any .laiiia;;rs Irnin A. W >^h" .■Nrruiin. .TMliioi'.; Or 'o '.H 
 ,1,;,, tl„. said !•:. K. (1.) l.ay lo llu' said A. 11. Ha' sum d' .!< 
 iMi- Ills cost.^ aiul lliat Ww said l)aililf of tliis Coiul i) pay lo Iho 
 said E. F. Ill"' ^'>iii "d' !? for danuvgt s, iiiul :J i'^r 
 
 C'Obts. (Concdudf as in i'oi'in I'l'.M. 
 
 (From ilu' l'()r('j;oiiiK. forms may easily hr framed to Miit 
 nihi r ( ircuinstauccs, as whfic ilu' cxcriuion cn'diinr uak'-?^ cl'.iin 
 for daiiiafi. s from Uk" l)aillff; and ilir daim lo .lamag' s is csiab- 
 lisli'Ml, (ir whcro il is imi c.-taljlisliod). 
 
 ITU 
 
 KXAMlNATKiNS. N KW TUIALS AM» UKIKWKN* K>^- 
 
 l-r NOriCl-: OF • M.ICATIOX FOR ORUEU TO EXAMINE 
 rilCK, AGED Oil INFIRM WITNESS. 
 
 (Insert title of Court and style of .nuso). 
 
 ,,,,, .,,tic.e. that a motion will be mado .u lehalf of th. 
 ...vo-named plaintiff t«i- aofendant, ,o,l.l,.d.o.t^^^^^^^^^ 
 
 n,o r.iint House n the Cit.\ ot H.immou 
 It his Chambers m the Couil iioust , m 
 
 1,4 11 the day or t 
 
 lor as the ease may be), on . uk 
 
 ' ■■,, oVloekin th. f.nvnoon, or so soon therealH.r a. 
 
 I nil ion ean be heard, for an order nnd.r th. i:".T.h section of 
 e Division Courts Act, to examine E. F.. etc., a tnateru. and 
 ^ sarv witness In this cause for the plaintiff tor defendant^ 
 ;;::ier tho provisions of said .eetlon, and that on such motn. 
 will be read the affidavits of 
 copies of which are hereto annexed. 
 
 Dated the day of 18 
 
 (Signature of the party, his solicitor or agent). 
 
 (Name of party to whom notice given-!. 
 
m) 
 
 DlVlsIdX ( or Ill's At'T. 
 
 177. ORDER FOR MX AMINAriOX OK riI(M<, MWA) OH IXFIit-M 
 
 wrixHss, wnKiii: uurii i'AuiiES aiteau. 
 
 UiiHtJl tilic ul' Court aiul stylo of imu,-,-'). 
 
 rpou iipijlicaiiiiii of tlu' aliovi-iKimi'il plaint il'f (nr (IciriKiinii) 
 in this cmise, and iilioii roiHlinn ilif allidavit of . til" 1 
 
 lipi'fln, notice of applicMtioii and allidavit of s rvic ■ llrftof, and 
 a copy of said aflldavit of tlu' s-aid , on Ww dff.-ndan! {ur 
 
 plaintiff) in tliis catiHi'. and npnn h'ai'lnK tli • parties liy lludf 
 iLolicitors tor agents). 
 
 It iH ordend tl.at C. 11.. of, etr., do takr .vidonce nn outh of 
 M P.. of, etc., a witness on behalf of the plaintiFf tor defendant), 
 puiK.nant to the i:!7th sectinn of the Division Ouiirts Act, at such 
 tinii' and place as the said (1. 11. may l)y writing appoint, and 
 ihall reduce such evidence to writing, and i ansc the same to he 
 signed by the said R. F.. and when so si^^ned shall duly transmit 
 the same to the clerk of this Court. 
 
 It is further ordered, that the defendant (or plaint ilT), his 
 sidicitor or agent, shall have two days' notice of tlie tintf and 
 |)lace of such e.xaniinaiion; that the costs of this oidtr and the 
 costs of the examiner be reserved until the trial of thi.> cause, 
 (Any other terms may be here inserted.) 
 
 Date 
 
 Judgi^. 
 
 178. ORDER FOR NEW TRIAL. 
 
 In the Division Court in the County of 
 
 Between A — B . I'laintiff, 
 
 and 
 
 C D , Defendant. 
 
 It is ordered, that the judgment rendered in this cause, and 
 all subsequent proceedings, be set aside, and a new tiial be had 
 between the parties on (set out the terms and conditions, if any, 
 on which the order is made). 
 
 Jud:e. 
 
 Dated 
 
 , IS 
 
Ft»I!M«<. 
 
 lat 
 
 IT-.. FORM OF OUDFR FOR Jl-IKIMEN'l' I'NDFR SECTION Urt. 
 
 Cl'ltlo ol' Ctiurt and HtyU' iif cjiuse.) 
 
 At the BlttluRs of this Court held on llie day nf 
 
 )j;f> j,t , in the said Division, this cavt' tanu' on to li • lii'ini, 
 
 and JnilKMicnt was n>ndi'red fur thf l'"!' $ 
 
 And afterwards appH^'ation liaviiu; Ikm n mad" liv l"r 
 
 a new trial therein— and I, liavint; since ( ousidcml ilir uuMs of 
 tin- (asi', and the nirriis of tlu' said ai)i)licati()n. do luTchy. in- 
 stead of granting a new irial, hrroin pronoiinfo as my jiidKment 
 that whii'h in my opinion mighi tn have licen pronounced at the 
 trial, and I do now o-der judKiiieni to l)c entered as follows: — 
 
 (Here act forth the nature v : the order as in Form IM). 
 
 IbO. FORM OF ENTRY IN PROCEDCRE BOOK FPON .ICDdE'S 
 ORDER UNDER SECTION Uti. 
 
 (After entering the judgment first rendced proceed as follows:—) 
 
 '{•he defendant (or plaintiff, as the case may hv) made ai)pllea- 
 tion for a new irial, and the Judge, instead of granting the same, 
 ordered that judgment be entered as follows.— 
 
 It is adjudged, etc. (here set foi'h that part of the ,Iudge'3 
 order which directs how judgment is to be entered). 
 
 ISl. ORDER OF REFEUL.\JE, 
 
 In the Division Court in the Coimty of 
 
 Between A. B., Plaintiff, . 
 
 [Seal.] aii^l 
 
 C. D.. Defendant. 
 By consent of the plaintiff and defendant (or tlieir solicitors) 
 (or as the ease may be) given in open Court (or produced In 
 writing to the Court) it is ordered that all matters in difference 
 in this cause (and if consented to, add, ■• and all other matters 
 within the jurisdiction of this Court in difference between the 
 said parties") be referred to the award of (if ther.' be 3 arbitra- 
 tors, here insert, or of any two of them) so as said award 
 be made in writing, ready to be delivered to the parties entitled 
 
 -,:SWi6S-S'«S*»iKaiK»* 
 
4m 
 
 l>l\ls|(iN lorU'l'S ACT, 
 
 to till' same, on ur bfforo the il:iy of , or aiuli fur- 
 
 ther (lay ;is the said arbltnitur may by writing mulcr his html, 
 emiorbed hercun, enlarge the time for making his said awani, 
 and I hat the said award may be entered as thf judgment in tlii- 
 cause (add any terms ilvai the Judge may i)res(ribe, or thf 
 parlies may agree upon such as in F(irm Lsr)). 
 
 Dated this day of . IS . 
 
 X. v., Clerk. 
 
 182. APPOINr.MEXT 01'' THIRD ARHri'RAl OK OR r.\!l',Ri: 
 
 TO BE ENDORSED. 
 
 It , '1 1 
 
 I 
 
 ! 
 
 
 M 
 
 Wv iii'ri'ljv appoini . nf, etc, as a thiid arDitriKir 
 
 Willi us fur dctoi'miniiig tlie mailers in dL-putr within ri. r:'id 
 to us. 
 
 Or. — We hereby appoint . (if. etc, as an umpire as 
 
 to certain differences of upiniiui whicli have .arisen b^'tween us as 
 arbitrators of the matters within referred. 
 
 183. APPOINTMENT FOR MEETING ON REFERENC'I': 
 
 In the, etc. (state title of Court and style of cause). 
 
 B. I I a]ijiiiiiit 
 V. '- hour uf 
 I). J reference. 
 
 To (both p.-irties). 
 
 the 
 
 , ai 
 
 liiiy of next, at the 
 
 , fi.r |iioreediii'j nn this 
 
 , Arbitrator. 
 
 184. ENl.ARGEMENl' TO BE ENDORSED. 
 
 I enlarge the time for making my award respecting tiie 
 matters referred to me by the within order of reference, unt'.l 
 th-e' day of , IS . 
 
 , Arbitrator. 
 
 Dated, etc. 
 
IMIIIMS. 
 
 4m 
 
 Ul] 
 
 1S5. ORDER OF RKFERENCP: CONTAINING SPECIAL 
 
 Cl.ACSES. 
 
 (Conimiiue as ill F<nin 1>;1.) 
 
 fSoal.l 
 
 1 The said :.rl)itrator to have i.oNVcr, by wriiins, signed !»■ 
 
 him. from tim^ to tinio to ..nlarse the limr for nialun^ his a-.vaul. 
 
 " That if ei- r nf th.> parties be drad boiov the making oi 
 
 ,he award, that Hie same may b^ afterwards delivprt-1 co th.ir 
 
 .cspeetive personal representatives who sh.all u-piire the same. 
 
 3 That the costs of th.' refer^'uee and award shall ho at .he 
 .■iscretion of 'Iim said arhitratur (nr as th. easr may be). 
 
 1 Thai the arbitrator shall b- at liberty t.. order and det-n- 
 ,,nn.. what he shall think lit to be don. by either of the pavti s 
 r 'speeting the matters referred. 
 
 ',. That Iho witnessrs and parties shall be examinMl by the 
 
 arbitrator on o.alh. 
 
 ,j -niat the arbitrator shall be at liberty tn proc^vd .: < 
 liarte in ease oither party, after reasonable nmiee. shall at any 
 timo neglect or refuse to attend on the r^ierenee. 
 
 7 That the parties r.spee.ively shall pru.luee before the 
 ,,,,i„ator all books, d..eds. papers, aeeonnts, vonehers. writings 
 and doeumeiits within their possession or <.nitrul. whuh th • 
 arbitrator may re(„iire and call for as in hi. jiulgnient relatmg 
 to the matter refured. 
 
 8 Thai neither party shall wllfnily and wnn.gly do or eanse 
 I., „,"aon.. any act to delay or provent the arbitramr from maktng 
 
 liis award. 
 
 y That neither of said parties shall bring a- i mseento ans 
 action against the arbitrator conceding the matters referred. 
 
 10. That if ei.ber party shall, by aff..t..d delay nr o.h.TWise, 
 ^vilfnllv prevent the arbitrator from prnceeding in the reference. 
 .„. iron, making his award, he shall pay such costs to th- other 
 as the arbitrator shall think re,a..oniibh>. 
 
 11 The said parties jointly and severally agree with the said 
 •trbitrator. in consider.ttion uf his taking npon himselt the 
 burthen of the reference, to pay him his reasonab:.' .barges tor 
 (he arbitration ; nd award. 
 
 (Here add any other terms that the Judge may prescribe or 
 the parties may agree npon). 
 
 Given und.>r the sral of the Court this day o. 
 
 R. ROE, Clerk. 
 
 ■'^SilSwS*-*""^ 
 
4i0 
 
 DIVISION cori'.rs A' r. 
 
 18G. AWARD. 
 
 After hearing and considering tlio proofs laid before me (or 
 us) in tlie matter of tlie witliin reference, and in full determina- 
 tion of the matters to me (or us) referred, I (or we) do award that 
 the within named A. B. is entitled to recover from the within 
 named C. D. the sum of , together with the eas;s of 
 
 this suit, and also the costs of this reference Cor as 
 
 the case may be), and that the same shall be paid by the said 
 C. D. within days, and that judgment be entered in tlie 
 
 within mentioned case accordingly. 
 
 Dated this day of , IS . 
 
 Witness 
 
 Arbitrator. 
 
 (Add affidavit of execution, Form 35). 
 
 187. BOND ON Sl'l^ERSEDEAS 'fO WARRANT OF ATTACH- 
 
 MENT. 
 
 (Insert title of Court and style of cause). 
 
 Know all men oy inese presents, that we, C. D. of [inseit 
 place of residence and addition], ♦h. abovi> defendant, E. F. of, 
 etc., and G. H. of, etc., are, and each of us is, jointly and sever- 
 ally held and firndy bound to A. B., of, etc.. the above plaintiff, 
 In the sum of , to be paid to the said plaintiff, his 
 
 certain attorney, executors, administrators, and assigns, for 
 which payment, well and truly to be made, we bind ourselves, 
 our heirs, executors, and administrators, and each and every of us 
 Dinds himself, his heirs, executors and administrators firmly by 
 these presents. 
 
 Sealed with our respective seals, and dated the day 
 
 of IS . 
 
 Whereas the above-named plaintiff hath sued out a warrant 
 of attachment against the goods and chattels of the defendant, for 
 the sum of and under and by virtiu' of the said attach- 
 
 ment, ci in goods and chattels of the defendant, to wit: (specify 
 property ;. ized) kave been seized and attached: and the defendant 
 desires that the said warrant be superseded, and the property, 
 so attached, restored to him under the provisions of the 2r)9lh 
 section of the Division Courts Act. 
 
FoltMS. 
 
 Now the coiulilioii of this obligaliou is such, thui if ilir saul 
 defemlani, his heirs, executors or mlminislratur.. do miuI shau in 
 tire .vent of the claim, in the said cause being proved, and ,,ud^- 
 nn-ut being recovered thereun, as in other cases, where pro. .d- 
 ings have been commenced against the per.on. pay the same. 
 o pav the value of the said property, so taken and setze 1 as 
 a on-Jaid, to tl^e plaintiff, his executors or adtni,ns,rato,s or 
 p oduce such authority, whenever thereto recpured. to sat. 
 such judgment: '.hen this obligation to be void-else to r.matn 
 
 in full force and virtue. 
 
 C, D, n.s.). 
 
 G. H. ti-^-)- 
 E. F, U-.s,). 
 
 Sealed and delivered 
 in presence of 
 
 (Add affidavit of execuiion. F..rm 35). 
 
 1.S BOND ON SEIZURE OR SALE OF PERlSHAi.LE 
 
 PROPERTY. 
 
 In the 
 
 Division Ccui I ui the C'.uaty (>f 
 Between A. B., Plaintiff, 
 
 :'.lld 
 
 C D Defend:uit. 
 
 ...="~T:?E;HH:ri::: 
 
 fendant. in the sum o ^^^^ ^^^.^^^^^^ ^.^^,^,,„,, 
 
 property) to be paid to the ^ ^^^^^^^^ ^^.^^^ 
 
 executors, administrators, and ^^^'^ \^;^^ ,,,,niovs and 
 
 and truly to be t.tade, we bind oursehes o ^^ ; ^ " ,.„^ 
 
 ■rdministrat,>rs. and each, and every ot us. binds hims . 
 ller^^ecutors and administrators, firmly by these presents. 
 
 sealed with our respective seals, and dated this day 
 
 "' Whereas the ^I^elmJd plaintiff hath sued out of th. said 
 
 P.l that certain perishable property, to \Mt tspecuj i 
 ;',„:;,„;.., ,.. <U.,K,a„., -.,- „.. .^-..^ «„., ton>»v„h expose., 
 
442 
 
 l>I\ls|()\ col'KTs ACT. 
 
 and sold, under and by virtue of the stiid warrant of altacdiaient 
 tor whereas certain perishable property, to wit , belonsini; 
 
 to the defendant, hath been seized tinder and by virtu( of a war- 
 rant of attachment issued (nit, of the said Court (.or by a Jtisiice 
 (if the Place) in the abdve-nanied cattse. and hath been dttly 
 appraised and valued at the sum of $ and is now in the 
 
 hands ot the clerk of the said Court: and whereas ih;' plaintiff 
 hath requested the said clerk to expose and sell the said go.ids 
 and chattels as perishable property] according to the form of the 
 statute in that behalf. 
 
 Now the condition ot this obligation is such, that if tlie said 
 plaint ilf. his heirs, execittors or adminis'.rators, do repay to tsie 
 said defend;int. his executors, or administrators, the value of the 
 said goods and chatt<ds. together with all costs and damages, 
 (lK!.t may be incurred in consequence of the t-eiztiie and sale 
 thereof, in case judgment be no; obtained by the plaintiff, accord- 
 ing to the Division Courts Act: Then this idjligulion to be voi 1— 
 else to remain in full force and virtue. 
 
 Se;il((l and delivered 
 in er.'sen..' oi 
 
 A, n. [i..<.j 
 
 E. V. li...<.J 
 G. H. 1 1. .S.J 
 
 ISO. r.oxD Foi? SEciHrrv for costs, where plain iti-f 
 
 OUT OF ONTARIO. 
 
 (Title of Cottrt and style of cause,) 
 
 Know all men by these presents— (proceed with penal pan oT 
 Li'ud u.s in ordinary cases). 
 
 Whereas, an action (or plaint) was upon the ' day 
 
 "' -•^•^'- 1^ , entered by the above-named plaintiff 
 
 against the above-mimed G. H. in the First Division Court of th.' 
 County of Brant, 
 
 And whereas, it has been made to appear that the said plain- 
 tiff d.ies not reside in the Province, and it has bi^en ordered that 
 pi.iceedings herein shall be stayed until security for costs of the 
 defendant shall have been given to the satisfaction of t! J clerk 
 of the said Court, or until deposit of a sullicient sum to meet and 
 pay the sa.id costs shjill have been made with the clerk oi the 
 said Court; and no such deposit having been made. 
 
 II 
 
l-OliMS. 
 
 u:; 
 
 \n,l whereas, the naid plaint Ui and ih- above hounden C. D. 
 and I':, l•^ as sureties l.-r the said plaintiff, have agreed m giv. 
 such security pttrsuant to the said order hy enter- 
 
 ing i„,o this obligation ^vith the conditioti li-ivunder Nvna.n 
 and this security has been appmv.d by the •■Ink of the said 
 Court. 
 
 X„w the enndition of this oblij^ation is surh that if th.' said 
 „Uati,iff.'or any plaintiff substituted in his ste^ul. '>*-«-;;;;;'-; 
 teeom.. nonsuit in the said aetinn. or it. eas. the saul aet,<.n . 
 ,pferred to arbitration, and an aNvard is made ai^ains, the sad 
 plaintiff, or any substituted plaintiff therein, sh. .^vi„s that h:. ts 
 ;^.„ „„,nied u> recover thnein, or if the said defendant or any 
 substituted defendant, obtain adjudgment or V"nli|>. nt^ a^va^d 
 therein Uren or in either of tin. said eas.s,oMlu. ab.no ,. mud. 
 A B C D. a.rdE. F,.orei,hor..fthem, Ihetrore.ilu.rotthut 
 heirs' ex.eutors or adtuinistrators, do pay or e.use to be patd .o 
 the said defendant, his executors, administrators or assigns, ni. 
 Tfir costs to be taxed in the said action, then this obU.am^^ 
 
 to ... void and of no effect, or otherwise to rematn tn full to.c^ 
 ;ind virtue. 
 
 Sfuled with our seals and dated tins 
 
 dav of 
 
 , A.l). 1^ 
 
 I A. 15. lri''i'l-l 
 Signed, sealed and delivered in presence of CD. iri^=«M 
 
 1 V:. V. I Seal. 1 
 
 1,0 CONSENT TO AX APPEAL PNDER SECTION ffS OF 
 THE ACT, SUB-SECTION 2. 
 
 (Insert title of Coitrt and style of cause.) 
 
 We herebv consent that this cause may be entered, h ard 
 ,„,! msposed of in the Court of Appeal for Ontario pursuant to 
 ,h.. provisions of section 148 of the nivision Courts Act. 
 
 Dated, etc. 
 
 (Signe.l by the parties, their counsel or solicitors ) 
 
 
 ,» rii 
 
 f,;5(-^jSifu;yi*HK.^*.-J?i'a*. 
 
444 
 
 DIVISION CdUKTS ACT. 
 
 Hti. coxsf:nt to try case in division court. 
 
 (Insert title (if Court and stylo of cause). 
 
 Wc htioliv ((.iiKont lo this cause being entered, tried ami 
 finally disiiosed of under the Dlst section of the Division Corrts 
 Act. i!i the Division Coui't fur the County of 
 
 Dated, etc. 
 
 A. I?. 1 ((ir by their counsel, 
 C. D. I solicitor or agents). 
 
 192. ACxREEMENT not TO APPEAL. 
 
 (Insert title of Court and style of cause.) 
 
 We hereby agree not to appeal, in this cause, to the Court of 
 Appeal against the decision of the Judge to be made herein. 
 Dated this day of . A.D. IS . 
 
 A. D. 
 C. D. 
 
 Jl KJ.SJUCTIOX. 
 
 J 93. CONSENT TO GIVE JURISDICTION TO THE DIVISION 
 
 COURT, UNDER CLAUSE (-/) of SUB-SECTION 1 OF 
 
 SECTION 70, AS AMENDED BY 5G 
 
 VICT. CAP. 15. 
 
 (Titli' of Court and style of cause). 
 
 We (ur the respective solicitors of) A. B. and C. D. do hereby 
 agree that the First Division Court of the County of Brant, holden 
 at tht> City of lirantford in the said County, shall have power to 
 try an action (or this action) to be brought by the said A. B. 
 against the said C. D., for ' (here state the 
 
 cause of action) under the provision of clauso {<i) of sub-section 1 
 of section 70 of the Division Courts Act; the amount claimed 
 not exceeding $100.00. 
 
 Witness our hands this ( A. B. (or E. F., Solicitor for A. B.) 
 dfiy of A.D. 18 "i c. D. (or G. H., Solicitor for C. D.) 
 
foil. MS. 
 
 M5 
 
 lUl. UNDEH'I'AKINC; BY NEXT FRIENU OF INFANT TO BE 
 RESPONSIBLE FOR DEFENDANTS COS IS. 
 
 In \_\i(i Division Court ill ilic ("(juunty ui' 
 
 I, thf umlersignea E. F., Ijeing tin." uoxt friend of A. B., who 
 is an infant, and who is desiruiis of onteriiis n ^'lit in this Cniin 
 against V. D,. of, etc., hereby undertake to b<' resi)onsil)h' for ih> 
 n sts of the said C. D. in such cause, and thai if Hit- said .\. B. 
 fail to uav the said C. D. all su.di costs of sucli cause as the 
 Judge shall direct him to pay to the .aid C. D., I will forthwih 
 IKiy the same to the clerk of the Court. 
 
 Dated this day of IS . 
 
 (Signed) E. F. 
 
 Witness 
 
 ,1 1. 
 
 XOTICKS r.V CLKIIK. 
 ir.:.. FOR CLERK-S NOTICES TO THE PLAlNTIFb\ 
 
 No. 
 
 In the 
 Between 
 
 A.D. 18 . 
 
 Division Court in the County of 
 Plaintiff, 
 and 
 Defendant. 
 Take notice that the defendant* has given a confession for the 
 full amount of your claim. 
 
 Or *Di&putes your claim, or does n.d dispute your claim. 
 Or *Disputes the following items of your claim, viz. (here 
 specify the items set forth in the defendant's notice to the clerk), 
 and admits the residue, and you are required forthwith to say in 
 writing if you ari- willing to take judgment for the part admitted. 
 Or *Will on the trial claim a set-off against your demand, 
 and the particulars thereof are hereunto annexed. 
 
 Or nVill at the trial insist that your claim is barred by the 
 Statute of Limitations (or other statutory def.'nce not herein 
 specified). 
 
 Or *Will o- he trial insist that he is discharged from pay- 
 ment of your ci.um by the provisions of the Insolvent x\ct. 
 
 
Uii 
 
 l)l\l.s|o.\ col lils A< r, 
 
 Ov -^'Will iidmit on llio iiial ilic Isi, !iili. Mtli lor dtlicr) ile:n;-( 
 nf \uiir iiarlictilai's of iiccoiinl to he cdrrc ct. 
 
 l)r '".Vill ailniii nii ilio trial llie simiing |or (MKlnr.sciiiciil | of 
 the iiiLniis.-,ury iioic |or bill of exfluiiigc | siicil upon Im- as tl.o 
 (a«i' may Ix']. iind ilciiics tlir rcsidiic of ynir claiin. 
 
 Or '-Has i)ai(l into Court the sum of $ , togethor witl. 
 
 •I . for costs of suit incurtt'd up tn tli" day of such pay- 
 
 ir.f'iit in full satisfactiiiu of your ciaini, which will he paid to ynii 
 lipon demand ai my nflicc: and all i)i()c('ediu;;s in ilie ail inn w.ll 
 ];<> slaycd. inih ss within tliriT (la\s after you rcMeive this notice 
 you signily to me xour intention to precied fur the remaindif (f 
 vuur demand: and in ctise you either ticcept or refuse tiie saiu'' in 
 ttdl, you imisi jiive a written notice to tlial effect in nie within 
 the said three da.ys. otheiwise \()u will he liable to i).iy to the 
 defendant sikIi subsecinent (osts as he may incur in this action. 
 
 Or '-lias pleaded that he duly f ndeied to and <dfered in jay 
 you before this action was broUKhl the sum of | in full 
 
 satisfaction of your claim, and has filed a jilea of such ti nder 
 in my ofllce, and paid that sum into Court, i)ursuant to the I'JL'nd 
 section of the Division Courts Act. and thtit sum will be paid to 
 you. less one dollar, in c;\se you do not wish to further iirosecnte 
 your suit, and all i)roceedint;s in the action will be stayed, unless 
 you signify to me within tliree days fnim the time you receive thl.-4 
 notice, your intention to i)roceed for your demand, notwith- 
 standing such 1 a. 
 
 Or =^W111 on the trial insist that yiui ;ire not it duly certified 
 Solicitor, or not a licensed veterinaix- or auctioneer, eti'. (as the 
 case may be). 
 
 Or ^Will insist as a defence upon the trial that you have not 
 given the inoper notice of action before suit to whicdi the de- 
 fendant is entitled as a .iustice of the peace (or peace officer) or 
 as a bailiff of the Division Court under the 290th section of the 
 Division Coii'ts Act. 
 
 Or *Defends this nctio'^i under the protecting clauses of the 
 Division Courts Act, viz.: sections 28,". 2^0, 2S7, 2SS, 2R9, 200, 
 291, 292, etc. 
 
 Or *Has paid into Court the full amoimt of your demand, 
 together with your costs herein, or has paid into Court $ 
 part of your claim. 
 
I'uKMn. 
 
 17 
 
 Or '''1111;^ filivl ;i stairmi'iii ((lurissiuK aiul ailiiiitiiim $ pari 
 of ihf aniounl claiiinil l).v yoii (and inoroHint;- to pay ilu' saiin' l.y 
 inHnlnu'nis of $ '• I'' >"" •"•'^'■•" '" •"'■"!" ^''^' 
 
 iiinninii M) adiiiittc-l (and ti. \\v mode of p;.yn.»M.i ii> insialiu. ni 
 as i.rop"^'"l» il will not l>r nr.rssary fnv yon K. ato nd ..n tlif di.y 
 ol' iK'Ui'ina;. If, howcvfi'. ymi do not <'unsrni lo acc'pi ili'' siun si 
 admittci] in satisructii.n nC ynui' (daim. yi u must Im puMaiol f» 
 prove llK' ^^am(■ at tin' ^iltinu,s nf ilip Court to li> hol'i'n on 
 
 the ''!>y "'' A.n. is . 
 
 (,)r 'i'lMspiitcs your (laini in part only, viz.; (Ikm- specify Hit' 
 parts disputed as sfL foitii in dif'-ndint'- mfKoi and li" i;dn,i s 
 the rosidno to be correct, you arc iher.-forc r.'iiuircd to iiui..y n,e 
 to say in writini^' if you arc willin.i;' to take judtiincni for the part 
 mulisptited; and if yiui fail In dn so it will lie assuncd that you 
 seek to recover your whole claim, in wITk h caM' you nurst in'oi(>cd 
 10 the trial of this catise at the next sittins-s of this C-iur! t.. le 
 hi Id on the (lay of . 1^ • 
 
 Or *Q. U. and O. K.. two of the defendants, have be;'n sciv.mI 
 with the suniiiionses in this c.ause, hut have not given any notice 
 disputing your (daim. thai 11. .1. and L. T., twn oth-r of the d,- 
 fendams, have not been served with the summons but have 
 fjivfu a confession of the debt. 
 
 Or =MIas withdrawn his defence and consents that .iiid;.;- 
 luent be entered against him for the sum uf $ ,nnd costs. 
 
 Or take notice that the defendant intends at the liearing nf 
 this action to give in eviden(e and rely ttpon the following giounds 
 of defence''^ (here state grounds of defence; see forms following 
 \vhi( h are suggested and may be varied to suit circnmstanci s). 
 
 *'rhat the defendant was an infant, witliin the ;'g'^ of 
 twentv-one years, when the supposed claim aro- (or the sup- 
 posed" contract, or .agreement was made) and that he was burn, 
 as he believes, at in the County of . on the day 
 
 of . 18 • 
 
 Or *Tliat the defendant was dischargfMl by compositi-n, or 
 scheme of arrangement with his creditors, m tl.e t^ay 
 
 of , 18 • 
 
 Or *That no notice of action was ? iven to the defendant 
 pursuant to the statnte ■ Vict. cap. 
 
 Or *That the defendant intends to set tip a counter-claim 
 against the plaintiff's demand, the particulars of which are 
 annexed h(>reto (the clerk is to annex to this notice the particnlars 
 
 l|!l" 
 
 4.1. 
 
 
Iir 
 
 •us 
 
 i)i\i.si()N ((»ri;rs .\i r. 
 
 (if .set-ol'f uv fuiiiiii'r-clMiin as runilslu'd by defendiiul, and Is lo 
 Ktiil with till' si'iil ni' ilu^ C'uiirt till' iKitlco and luu'ticiilar.s llk'd in 
 tliP Court. 
 
 Or *'riiiit tlit) ilfirudant inlands lo roly as a niatltr ut' ('(luit- 
 aljlr dol'ouce on the facts st't t'oitii In the statement hei».iindtr 
 written. 
 
 Thr i'acis cnnstituting the equitable defence lo this a<iiiiii ai<' 
 as fidlows: — (Here set out tlic farts as conciscdy as iio.^.siblt', and 
 nnndjpi' tlie paragraplis as in an ;tfJldavit). 
 
 Or 'i" That the defendant lias paiil into Court the full iunount 
 of your demands, togethi'r with yuur costs herein. 
 
 '1 
 
 li 
 
 II 
 
 190. .VCCEI'TAXCE OF MONEY PAID INTO COrUT. 
 (Insert title of Cnurt and style of cause). 
 
 Take notice that the plaintiff ;iccepts the sum of $ paid 
 
 by you into Cniirt in satisfaction of lli'' (laini in respect of wliirli 
 it is paid in. 
 
 Dated the day of . 180 . 
 
 'i'o thf said d( fondant. N. ff.. 
 
 Clerk. 
 
 197. CLERK'S NOTICE OF TRIAL BY JURY AND NEW TRIAL. 
 (Insert title of Court and style of cause.) 
 
 Take notice that this cause will be tried by a jury, the plain- 
 tiff (or defendant) having demanded ajury theri'in; or. take notice 
 that the Judge has ordered a new trial upon payment of costs (or 
 with costs to abide the event (or as the case may be), and has 
 ordert'd the next trial lo be had before a jury (or as the case may 
 be) and that such trial will he h( Id at the town hall in Paris 
 <'" • the day of , A.D. 
 
 189 , at the hour of o'clock a.m. 
 
 Yours, etc., 
 
 R. ROE, Clerk. 
 
 To the above-named plaiitiff, defendant, primary debtor, or 
 garnishee (or other party as the case may be). 
 
I 
 
 I'uKMS, 
 
 U'.l 
 
 198. NOTin-: rXDER SRCTTON 112. 
 
 (Tillc of CiMiit and siylr of caiisr). 
 
 'I'ako noliii' that tin' .IiuIko lias niailf an onlfr tuaiiiiim I'av 
 to the (IffciKiaiil In ilii-iiiiii' your claim iiinliT section 11.'. and tlic 
 (hdciidant lias given the rc(|iiisitc iinticc for that piirp- so. 'riu 
 trial id' llu' canst' will tako iilacc at the of , 
 
 in I ho County of . <'.i . ilic d ly 
 
 (if lisD , at tiio houf of o'clo( 1< in U'.'' n^ou. 
 
 Youre, tic, 
 To the iilaintilT. R. 0., C < i!<. 
 
 ^ 
 
 1f)9. CLERK'S NOriCI-: OF Ri-nTRN OF EXFCFllON. FNUEU 
 
 SECTION 218. 
 
 (Title of Court and style of cause). 
 
 'I'ake notice that the oxocution issued on the trans riid of 
 
 jtulsiiient in this cause rec( ivod frnni the Division Court nf tho 
 
 County (d' . on the day of , A.I). IS!) , 
 
 v,as roturnod nulla l.ona on the day nf , A.D. 1S9 . 
 
 Dati'd this day of , , A.I). 1S9 . 
 
 Yours, etc., 
 
 R. ROE, Clork. 
 
 To the above-namod plaintiff ov defendant, nr as tho case 
 may be. 
 
 ■| ...I 
 
 200. CLERK-S NOTICE UNDER A^IENDED SECTION ^7 (.^2 
 VICT. CAP. 12. SEC. .^). 
 
 (Insert title of Court and style of cause). 
 
 Take notice that the proceedings in this action having been 
 duly transferred to this Court the same will be placed on the list 
 for trial at the sittings thereof to be hold in th- town halloa, 
 Castleford in the County of on • '^if '- - 
 
 of , A.D. 189 , at the hour of 
 
 o'clock a.m. 
 
 I>.C.A.-29 
 
450 I >l VISION (nlltl'S A<T. 
 
 l)ai(<(l Mi's <liiy of . A.I). !nO . 
 
 YOIU'H, .'to., 
 
 R. ROK. CI. Ik. 
 'I'o tht> ;il)()vr-n:ini('(l pi\rlics und llu'ir agmts. 
 
 201. CI.ERK'S NOTICES TO EITHER PARTY 
 
 (Insert titlo of Coiii't and slylo of ranso.) 
 
 (Append tlu' folldWinK to cvory nniifo wliorf tlir defendant, 
 primary debtor or garnishee has given notice that he disputes 
 the plaintiffs claim, or has given any otlier notice of which the 
 plaintiff should ho infomied, before the trial: or in any case in 
 which it has become the duty of the clerk to give notice to any 
 pan of any defence, admission, .Judge's order or other matter of 
 whicli he should lie notified befoi'e the trial). 
 
 And jilso tjike notice that th's action will be tried at the 
 sittings of this Court to be held in the town hrll in Paris on 
 Tuesday, the day of , A.D. 189 , at the hour of 
 
 o'clock a.m. 
 
 Dated this day of , AD. IS!) . 
 
 Yours, etc , 
 
 R. ROE, C'erk. 
 
 To the above-named plaintiff, defendant, piimary debtor garni- 
 shee (or other party as the case may be). 
 
 202. CLERK'S NOTICE TO PARTIES OF TIME FIXED BY 
 JUDGE FOR DELIVERY OF Jl'DGMENT. UNDER 
 
 RULE 1(51. 
 
 (Insert title of Court and style of cause.) 
 
 Take notice that the Judge will give his decision in this 
 cause at the sittings of this Court to be holden at in the 
 
 county of upon the day of , A.D. 18 , :it the 
 
 hour of 
 
 (Or, tako notice that the decision of the Judge in this cause 
 will be delivered in writing at the office cf the clerk of this 
 
I'lKMS. 
 
 151 
 
 CmuM at 
 
 in ilif ((iiiuiy of n\Min th«» 
 
 (liiy oi" , A. It. IS , ai till' lioiir of ill iln- 
 
 luion and will Ix- tli' n and tlicro icni liy the cIitK io lii.' 
 liarius or tlH'ir agents if iircsfnii. 
 
 liaiod the (lay of , .\.1>. IS . 
 
 \'onis, ctr.. 
 
 u, iini': cciU. 
 
 'i"u tlio above-named iiaiiic;- an<l thfii- agents. 
 
 No'i'K i'S i;y I'AII'ni'.S. 
 
 ^03._NOT1CE OF WITHDRAWAL OF UEFENCL]. 
 
 ( litlo of C >urt ami stylo of cause.) 
 
 Take notice that I withdraw my (b faicc of which I gave ymi 
 notice, and conKcnt that judgment be t-niered against me for 
 the sum of $ . 
 
 Yours, etc., 
 
 To the clerk. 
 
 C. 1)., I>;'fi ndant. 
 
 :iU4.-N0TlCG OF OBJECTION 10 JURISDICTION TO TRY 
 
 COUNTER-CLAIM. 
 
 (Insert title of Court and style of cause.) 
 
 Take notice that the p'.a'.ntift objects to the Court giving any 
 relief upon the counter-claim in this action, upon the ground that 
 it inv(dves matter beyond the jurisdiction of the Court. 
 
 And further take notice that the plaintiff will, on the day 
 npp.dnt.>d f..r the trial of this action, apply to the Judge to ad- 
 jiulicate upon the original claim herein. 
 
 Dated day of , 189 . 
 
 A. B., Plaintiff. 
 
 To the clerk and to the defendant. 
 
 .ii=teisiaiS)ii^;=5SP^»^ 
 
452 
 
 111 VISION ContTS ACT 
 
 
 203— DISCONTINUANCE. 
 
 Cl'itlo of Court and. style of CiUise.) 
 
 I withdraw tlii? action, as T do not intend to i)r(»ceed with 
 the same, and I am propaird to pay tin- defendant's taxaljle costs 
 (if any) on yoiu' notifying the defendant and taxing such costs. 
 
 Dated this day of , 1S9 . 
 
 To the clerk uf the Court 
 and to the defendant. 
 
 X. Y., 
 
 the Plaintiff. 
 
 I 
 
 206.— NOTICE TO CLERK OF CHANGE IN PLAINTIFF'S 
 TITLE BEFORE .irDGMENT. 
 
 ('{"itle o*" Court and s1y!e if omi^sp ) 
 
 I hereby ,;iv<^ you notice that A. P... the plaintiff (or one of 
 the plaintiffs) in the above action, died upon the day of 
 
 , A.D. 18 . ;ind that his last will ami testament were 
 duly proved by me in the Surrogate Court o!' ih^ county of 
 (or that letters of administration of his i)roi)erty were duly grant* ,! 
 to me) upon the day of . A.D. IS . .-ind tliat 1 
 
 am the executor of the said will (or that I am the administiaror 
 of the property of the said ('ecensed). 
 
 rOr the above named A. P. by an assignment dated the 
 day of . IS , duly assigned all his interpst in the 
 
 subject matter of the .above action to me, the undersigned.! 
 
 And further i.ake notice that T am desirous of being sub- 
 stituted as plaintiCr in thi' above action against the above nained 
 defendant in jibace of the said .\. P. (or in addition to the said 
 pl.-iintiff). 
 
 Dated this 
 
 day of 
 
 . IS . 
 
 Signature. 
 
 To Mr. 
 
 The clofk of tb" ?a!d Cnurt 
 
lull MS. 
 
 iry 
 
 •W -GENERAL HEADING AND CONri.rSlON OF ALL NO- 
 TICES, ADMISSIONS, ORDERS, ETC. 
 
 No. 
 
 In the 
 I'etwoeu 
 
 . A. IX ISD . 
 Division Court, in the (•duniy of 
 A. B., lM:nnliti, 
 
 and 
 C. D.. Dffindan'. 
 
 !* i 
 
 Dated Hiis 
 
 To 
 
 (the person to whom ndtite 
 was ^eiM). 
 
 day of , 1!^ • 
 
 (Mirk (or in rsun smiling luiticf, 
 or making adnus.iion, or sign- 
 ing nrder). 
 
 St" 
 
 208 -DEMAND FOR STATEMENT OF NAMES AND I'LACES 
 OF RESIDENCE OF PERSONS CONSTITUTING PLAIN- 
 
 'ITFF'S FIRM. 
 
 (Title of Court and style of cause.) 
 
 Sii.,_On behalf of the abovt -named defendant E. F.. I re- 
 quiri' of von forthwith to declare to m.'. in writing, the names of 
 all persons who are partners in the firm of A. n. & Co., the abovc- 
 nam..l plaintiffs, pursuant m the losth .ectinn of the Div.sion 
 Courts Act. 
 
 Dated, etc. 
 
 Yours, etc., 
 
 M. N., 
 Solicitor or a-eiit for the defendant E. F. 
 
 To Mr. X. V. 
 
 The plain' -ITS' solicitnr (or agent), (or as the case may be). 
 
 209.-DECLARATION IN ANSWER THERETO. 
 (Title of Court and style of cause.) 
 Si,._The names anC places of residence of all the persons 
 
I 
 
 fl, ; 
 
 " 11 
 
 I 
 
 If 
 
 I !| 
 
 i i| 
 
 454 
 
 DIVISION ('(U'llTS AC'I", 
 
 constituting the firm of A. B. & Co., the abuve-nanu'd plaiutift's, 
 iire as follows: 
 
 A. B., who resides at. c(c. 
 G. H., who rcsidi'S at, etc. 
 L. M., who resides at. etc. 
 
 Yours, etc., 
 
 :'. Y.. 
 Plaintiffs' solicitor (or agt^nt). 
 To Mr. M. N. 
 
 Solicitor (or agent) for the defendant E. F. 
 
 210.— NOTICE OF APPLICATION FOR ORDER FOR NAMES 
 OF MEMBERS OF FIRM. 
 
 (Title of Court and Htyle of cause.) 
 
 Sir,— Take notice that a motion will be made on behalf of 
 the above-named defendant to the .ludge of this Court, at his 
 chambers, in the court house, in the city of Hamilton (or ;is the 
 case may be), on the day of , 18 , at ten o'clock 
 
 in the forenoon, or so soon then after as the motion can be heard, 
 or an order under the I08th section of the Division Courts Act, 
 directing a statment to be furnished to me of the names of all the 
 persons who are co-partners in the firm of A. B. & Co., the above- 
 named plaintiffs. That on such application will be read iho alli- 
 davits of copies of which are hereto annexed. 
 
 Dated, etc. 
 
 Yours, etc., 
 
 M. N. 
 Solicitor (or " agent ") for the defendant E. F. 
 To Mr. X. Y. 
 
 The plaintiffs' solicitor (or agent a.s the case may b') 
 
 211.— FORM OF ORDER FOR STATEMENT OF THE NAMES 
 
 OF ALL THE PERSONS WHO ARE C0-PARTNEH3 
 
 IN THE PLAINTIFFS' FIRM. 
 
 (Title of Court and stvle of cause.) 
 
 Upon the application nf the above-named defendant in ;his 
 cauee, and upon reading the affidavit of service of demand herein. 
 
 
s. 
 
 vol; MS. 
 
 155 
 
 and ..f Of any other affidavit filed), and upon hearins tU^^ i' .nies 
 by thfir solicitors (or agents); 
 
 It is ordered that the above-named ph.intiffH do within 
 days of the service of this order, furnish to the dc.-endan', h>s 
 oTi itor or a,ent, a st,atement of the names of all th-: pev.m. 
 ^oL co-partners in the firm of A. B. ^ Co., the ahovo-r.med 
 
 plaintiffs. 
 
 (Any other teim may be herr added). 
 
 Dated, etc. 
 
 .Tudiji'. 
 
 f 
 
 !3 
 
 (KliTURATKS ANP "K1)KUS „V ,LK1IK AM- 
 
 JILMII'.. 
 
 212.-CER-nFICATE UNDER SECTION 45. 
 
 ""'! A. a, <-lvU ot the D.vlxion C,.,.-. in t.u- co„„.y ..' 
 
 do hereby ccrtity as :..ilo»s; 
 Th-,', in Ihe „.-o«.,luvc honk <,r the said Division Cn.yt tl.o 
 .o„o ' . emlLln., no .the,., a,.,..,- '" ^--•"^;;- '",' :' 
 .,U, Division con,., -.e.-ln one C D. ,s > -; ;,-;;:r„^t,.,. 
 m defendant, which said entiies aie in 
 , .1. ...at IS .o say: there co.,y enttles ve, K, ,,,. 
 
 ,1,.,, iiv> ivise of tU"' said 'rocedui. dook. 
 Anil 1 further s,ay that tn > p.ifet " 
 Anil 1 lui LUC ;.. ctcrned with the name ot 
 
 „„ .hici, sau, •■-■';-":;;: '■;,;;rhi;;v..u:.. o, .no. A, .... 
 
 and such signature s o the p o ^^^^^^ ^.^^^^^^^^ 
 
 as such Clerk (or Of G.H., the then clei^ 
 
 such cieriv lui ..i v.. .-., 
 
 Given under my hand and .he seal ot the said Lo.ia 
 day of . A.U. IS . 
 
 Clerl< of said Division Court. 
 
 n3-0!.EHKS CERT.F.CA',E OF ..ROCEED.NGS TO COCRT 
 
 OF Ai ''EAT>. 
 
 (Title of Court ar ^yle of cause.) 
 T elerkofthesai-l curt, do hereby certify to the 
 
 Coun of Appeal ^.1-tl.Pio-. nee of Ontario., ha, the anmvd 
 
 I* 
 
■1;'0 
 
 r)n'isi()N' coriris act, 
 
 \n\ 
 
 papers contain tnio nnd examined copif < of tlie 
 (aiise, with ail notices endorsed ther 
 
 eon, tlie clt 
 
 summons in this 
 
 ciaun, and anv no- 
 tice or no.ices of defence and .,f tlie evidenc and all objections 
 and exceptions thereto, and of all moiinns ,, niders made, 
 granted .,r refused herein f together with such i-otes of Ih.' 
 Judge's charge as have been ma<le, if the caus- tried by a jurv ". 
 the judgment or decision in writing mr -the notes thereof)' 
 and all afTidavits filed or used in the cause, together with all 
 other papers filed in the cause affecting the questions raised bv 
 the appeal. 
 
 Given under my hand and the s^al of the said Court thia 
 <lay »f . A.D. IS . 
 
 [Seal of Court. I ^. , 
 
 I Clerk. 
 
 illl 
 
 21-1.-CERTIFIC..VTE OF .) i OGF. .AS TO EXCEPTION IX EX- 
 EMPTION' LAW. WHERE DEBT IS CONTRACTED 
 PRIOR TO THE FIRST DAY OF OCTORER. 1887. 
 
 ^' ' J"''SP "f th.- Division Court for the 
 
 '^''""'•' "*" ' ''•' ''f'eby certify und.'r the provisions of 
 
 chapter 04. .section 7, of the Revised Statutes of Ontario tliat 
 this writ of execution is for the recovry of a debt cnnira'ted 
 before the first day of Octobe-. 1887. as appears by the papers on 
 file herein. 
 
 Dated the 
 
 day of 
 
 , 18 
 
 Jiidse. 
 
 (The above certificate to be endorsed on the execution.) 
 
 215.-Sr:^IMONS TO CHANGE THE PLACE OF TRIAL. UNDER 
 
 SECTION' SG. 
 
 (Insirt title of Com! and style of cause.) 
 
 Tpon re.'iding the affidavit of the defendant, and mion liearing 
 him by his s.dicitor (or agent), let the ab.ve-namcd i)laint:ff his 
 sidicitor or agent, attend me at my Chambers, at . ,») the 
 
 day after the day of service hereof, at of the clock in the 
 
 forenoon of the sami' day, or at such other time and dace as 
 Chambers may be h(dd, to show cause why the jilace of trial cf 
 
Fi»i;M>. 
 
 45T 
 
 this .ause should not by order he chcviged in iW sUlii>>',s ..r iV.o 
 Division Court for ilie county ..f , pursuaui \> the 
 
 SOtli section of tlu' Division Courts Act; and wl.y su.u oi-lor 
 sli.nild not direct the trial of this cause to 1.' had at ihr U'.'M) 
 sittings of that Court, to l)c held on thr 
 sui)ject to all the rights of rostiioncmcni. 
 Dated at Chambers, this day ni 
 
 (lay uf 
 , A.l). lb. 
 
 U'Xt, 
 
 ini- 
 
 (Instead of using this form and proceeding hy .Iti'l-e- 
 mons, tho defendant may apply by serving notice of motion and 
 copy of the afhdavit on the plaintiff). 
 
 OK, -ORDER CHANGING THE PLACE OF TRIAL, CXDi^U 
 
 SECTION S6. 
 (Insert title of Conn and style of cause.) 
 upon reading the affidavit of the defendant herein, and t„ ..n 
 hearing the parties by their solicitor (or agent), 
 
 1 ao herebv order that the place of trial of this .anse Iv 
 
 chang:^ to the-sittings of the Division Cot.r, of the . omUy 
 
 1 ^ , pursuant to the 8G,h section of the Div.s.o 
 
 ^urts Act; and I further order and direct that |^- ;•;;;- f;;^ 
 
 „. u-ied at the tnext, sitting of that Court, to be held oh 
 
 aay of next, subject to all rights ot pnstponen.ent. 
 
 Dated at Chambers, this day of ' '^''^' ' \iia<-e 
 
 o,T_ORDER TO CONTINUE PROCEEniNGS FOR OK 
 AGAINST A NEW PARTY. 
 
 (Title of Court and style of cause.", 
 
 , • r 1 who all.'ged (state circumstances reu- 
 Ipon hearing C. D.. ^m^o am ^,i-u v 
 
 dering the order necessary or proper). 
 
 1, is ordered that the proceedings in thts act.on b en In 
 between (naming the eontinuing or --Z'-^;^ ^^ ';;;; ; ^^ 
 „o. .heth,,- as plaintiffs or defendants) and H. R. ." ' ' 'r^^ 
 „,„, .,.,nr the interest has devolved or to ."hom an tntete.t has 
 been assigned). .^^^^^^^ 
 
 Date. 
 
458 
 
 |il\IS|()N-('(»rit'I.S ACT. 
 
 ClIAXCiH OK PAHTIKS. 
 
 218— ORDER TO PROCEED AP^TER THE DEATH OP^ A 
 PLAINTIFF AP^TER JUDGMENT. 
 
 (Title of Court iiiul style of cause.) 
 
 Upon rt'.'uling the aifidiivit of 
 
 It is ordered That E. Y., the executor (er administr;itor) of 
 A. B., the plaintiff in this iiction. who has died since judgment 
 herein, be substituted as phiintiff fur the original plain! iff, and 
 be at liberty to issue execution against the defendant (or tiike 
 any such proceedings as the deceased plaintiff was entitled to 
 take against him) fur the .-imount of the unsatisfied judgment 
 iind costs [or that the questidn whether the said E. Y., as exe- 
 cutor (or administrator) of the original plaintiff, now deceased, 
 is entitled to recover the amount of the judgment against C. D., 
 the defendant] shall be tried by action to be commenced l.y plaint 
 in the virdinary way wherein the said E. Y. shall be plaintiff and 
 the said C. D. defendant, by such names and descriptions as 
 aforesaid. 
 
 Date. etc. 
 
 Judge. 
 
 219.— ORDER TO PROCEED AFTER CHANGE OF IXTERES'i' 
 BY ASSIGNMENT OR OTHERWISE AFTER JUDGMEN!'. 
 
 Ci'itle of Court and style of cause.) 
 
 Upon reading the affidavit of 
 
 It is ordered that E. N.. the as-signee (or as tlie case may be) 
 of the judgment obtained by A. B.. the plaintiff (or C. D., the 
 defendant, as the case may be) in this action be substituted as 
 plaintiff (or defendant) in the name by the description of E. N., 
 of, etc., the assignee of A. B., the plaintiff (or C. D., the defen- 
 dant) herein, and that he in and by such n;ime and description 
 be at liberty to issue execution. 
 
 [Conclude as in preceding Form 218.] 
 
 N0T12.— No proceedings uniler a judgment or crder either by 
 judgment summons or otherwise can be taken after any change 
 of interest in the parties entitled to the benefit of the judgment 
 or order without an order in one of the foregoing Forms. 
 
 > 
 
VoO- 
 
 A 
 
 F 
 
 220.-RETrRN BY .UWK TO ("ERTIORART. 
 
 (,, a.e l^U Coun of Jusuc.., Quo.u-s H..uh nivision. ,,,■ :,s >h 
 * case may be.) 
 
 The answer of me. A. H.. .ludge of the County Cnurt of th-- 
 
 \TJ Nvho l)V viitue nf this wvit, to m.. dux-tod and 
 
 :::"i:,ao,und:..y.andat.d.ea.e...yunu.He..UOe^^^^ 
 
 n her H gh Court of .lustUe for Ontario, at Toronto, th- a... - 
 ".■: wl^t tl.e writ caiis for^ of .hich nuMUion is ,nad. .n e 
 
 ^L .-rit. The return to this ^vri, further api.eurs hy a e..nan. 
 schedule annexed thereto. 
 
 in witness wher.of, 1, the said A. B., lu.ve to th b an.x.d 
 
 niv hand and seal, this day of ' ^^ \ „ ,, . . 
 
 A. 13. (.l^.s.' 
 
 [The following schedule will be annexed to the crtiorai 1: 
 
 Si'llKI'l'I-K 
 
 Refemvd to in the return to thr annexed writ of ceriinari 
 
 endorsed thereon. 
 
 (Here give in regular order the papers in the suit r.-urned 
 with the certiorari, and annex the original pap.^rs to th. scduMul-., 
 
 A. B.. 
 Judge of the County Court of the 'ounty of 
 
 
 MlSCKLLANKors I'oiriS. 
 
 221. -LIST OF UNCLAIMED MONEYi VERIFIED. 
 List of unelaimed moneys paid into Court or t.) nie as . Ic rk 
 thereof which remain unclaimed for six yrurs ending on ihe 
 :Ust day of December last past. 
 
 Fdi- wlumi or .<n 
 
 w lidsf ucfiiiint 
 
 iiiniu'y paid. 
 
 Wlii'U : Styl.' ;oid N' 
 puid. < ^'''t- 
 
 Auiiinnt. 
 a ets 
 
 I, X. Y., clerk of the 
 
 Division Court in the county 
 
 of 
 
 make oath and say that ^Mho foregoing :vturn is 
 
 ^I^S^I^^SrSI^SasSoffisTlS^': 
 
4(10 
 
 DIVISION" conns act. 
 
 lull and coned in every piirliciilar ''' (or if im iiumeys remain 
 unclaimed, instead of tlie matter between llie asterislis say " r^o 
 such uuincys jiaid into ('ourt. (ir to nu' as clerk tlierjforc renm"n 
 unclaimed fnr six years next hetore .'1st day of Ueceniber last 
 Dast.") 
 
 Sworn, fic. 
 
 X. Y., 
 Clorlv. 
 
 222.— PAY LIS'I' OK JURORS. 
 
 Runinioned to attend at a sitting of 
 the county of . on tlie day nf 
 
 .Judge's Certificate to County Treasurer. 
 
 Division Court < £ 
 , A.D. 18 , and 
 
 [if 
 
 fiii 
 
 .\(i. nil 
 
 \- f 11 I t Attiii 
 ?sain''S(.f Date of 
 
 lance. 
 
 list. 
 
 ■ huoiN. siivicv. i^t. 1 2ii(l. 
 
 
 day. i diiy. 
 
 1 
 
 1 
 
 
 2 
 
 
 
 
 a 
 
 
 
 
 4 
 
 
 
 
 5 
 
 
 
 
 (t 
 
 
 
 
 
 
 
 
 i 
 
 
 
 
 »■ 
 
 
 
 
 !♦* 
 
 
 
 ISfe 
 
 1 
 
 
 m 
 
 
 
 m 
 
 1 
 
 
 
 Total amount paid l>y Clerk. . ..'? 
 
 .\iiriit paid 
 each .lui'or. 
 
 c. 
 
 Signature of .luror 
 
 acknowledi^iiij,' 
 receipt of money. 
 
 I, , presiding .Judge of ihe above-mentioned 
 
 Court, do hei'pby, in pursuance of the 172nd section of the I.Mvi- 
 sion Courts Act. certify to the treasurer of the said county cf 
 , that the abovi" is a true statement of the amount paid 
 by the clerk of the said Court to each of the jurors mentiotu d 
 in the above list, who were summoned and attended said sittings, 
 ;iiid neitlier of wliom so atti-nded as a witness in any cauae or 
 as a litigant in liis <iwii behalf, amounting in the whole to $ 
 
 Dated this day of , IS » 
 
 Judge. 
 
i'<»i;Ms. 
 
 •101 
 
 CKUSS .H'lHiMKNTS. 
 
 ooo-NOTlCE OF Al-IMJCATIOX VSWAi SKClDN ::i:;. V^M 
 " ■ JUDGE'S OUUEll FOR CUOSri .IFDCMKN T lO f.H 
 
 SET-OFF. 
 
 (Insert title of Coiiii and styh' of cause.) 
 
 Take notice that iU>l.li''>iio" ^viH be u.a.lr m ilu' .iMd.^e ou 
 the (lay of • 1^ • =it ''^^ ("hamlx-is in 
 
 at the hour of uVlncK a.iu.. fur an nr.lcr dir.cin.^ that th. 
 
 cross j.nlg.iients which have i)ecn .ntcrcl betNV.'Cu the pa. ties 
 m these causes he set-off. the one against the other, and that 
 satisfaction of the judgments so sel-off he entered hy the loik 
 i„ ,he procedure book as directed by the 213th se.aion of th- Act. 
 
 Dated, etc. 
 
 Yours, etc. 
 
 This notice to be served bv the party making the i.pi.li. .ulun. 
 
 
 hit 
 
 224.— .TUDGE'S ORDER, FXDFR SECTION 21:;. 
 
 (Insert title of Court and style of b^th causes). 
 
 rpnn reading the notice served upon the defendant (or plain- 
 tiff) in this cause and the affidavit of service thereof. ;ind ii)en 
 the application of the plaintiff (or defendant) :u the 
 
 first cause above n.-imed and the defendant (or plaintilT in tlie 
 second cause above named, or as the case may be), and no causo 
 appearing to the contrary, T do order that tlie <i()ss judgment 
 between the parties in these causes he set-olf the one again.-t the 
 other, and that who has obtained judgment for the 
 
 larger sum. shall have execution only for the balance over 
 the smaller judgment, and that the clerk do make m the pro- 
 eedure book in both the said causes an entry of this order and 
 also enter a satisfaction on the judgment for the smaller sum: 
 but if both sums are equal, that he do enter in the procedure 
 l)ook satisfaction of both judgments, and that execurion thereon 
 be stayed. 
 
 Dated, etc. 
 
 ll 
 
 Judge. 
 
m 
 
 Fnvm 
 
 DIVISION C'JUUTS act. 
 
 J25-ENTRY OF SATISFACTION OF SMALLER .IlDCiMICNT, 
 
 UNDER SECTION 21J. 
 
 Sntlsfiiction is entered under secLion 213, in iliis section, by 
 setting off jiulgmcut Ijctwo^n tlic same partirs in s.iii munber 
 , IS , by Judge's order. 
 
 .m # 
 
 i'''tit 
 
 Form 
 
 J22G.— ENTRY OF PARTIAL SATISFACTION ON 
 .Il'DGMENT, VNDER SECTION 213. 
 
 LARGER 
 
 Satisfaction is enteitMl for $ , part of the amount adjudged 
 to the plaintiff (or defendanO Ijy Judge's order under section 210, 
 by setting-off the amount adjudged agjiinst him in favor of the 
 plaiuliff (or defendant) in suit l)ctween Ihom numbered 
 18 . and it is further ordered iliat tlie plaintiff (or defendant) do 
 have execution only for $ , the balance over the said judg- 
 
 ment. 
 
 227.— REQUEST OF CREDITOR FOR DISCHARGE OF DEHPOR 
 ARRESTED ON WARRANT OF COMMITMEN I. 
 (Title of Court and style of cause.) 
 I, the undersigned A. B., the plaintiff (or the beneficial plain- 
 tiff) in this action, request that the defendant, if still in custody, 
 may be. discharged (or, if not in custody, that he be not arrested). 
 
 A. B. 
 
 To the clerk 
 
 (or to the bailiff) 
 of the said Court. 
 
 I I i 
 
 228.— CERTIFICATE FOR DISCHARGE OF A PARTY PROM 
 
 CUSTODY. 
 No. , A.D. IS . 
 
 (Insert title of Court and style of cau.'^e.) 
 I. X. Y., certify that the defendant, now in your custody un- 
 ■aer warrant of commitment in this cause, has, since the issuing 
 
l-oilMS. 
 
 i(;;i 
 
 ^vhPrenf ho was so . um.niU.Ml, u.g.th-r nvLI. all n-sis an-l .lunv,. ; 
 
 resi'eel tlunvof; and the .ai.l .l.tVuda... nuy. u, ns,. .. o, 
 
 Ih vvavnuu. be forthwith di.duf.Ml f.un> a.t.l .u, m vour 
 
 cusiodv. 
 
 Given under th' s^al ni' tl..' Cnwii ilii- 
 
 [Spal.J 
 
 Ci»rU. 
 
 To the Raolrr of the enmninu Kuul ul Uie eouniy m 
 
 County of ■ > 
 
 (^hero insert the county.) i 
 
 d.i> h1' , IS 
 
 N. V . 
 
 In the 
 lU'tweeu 
 
 -^.-CONFESSION OF DKHT. AFlKK SlTr COMMKXCICn 
 
 Division ("ouii in iln' eouniy nf 
 A. 15., Flainiilf, 
 and 
 C. 1).. Hel'mdant. 
 1 acknowledge that I am indebted to the piainrdT in .he sn 
 of and consent that judi;menl for thai amount and eo.ts 
 
 nmy he eniered against me in this eur.se. ae.ording to the prae- 
 ticp of the Court. 
 
 m 
 
 C. U. 
 
 Dated the tiny tjf 
 
 Witness 
 
 , lb . 
 clerk (el' liailift). 
 
 230.-ADMISS1ON OF CLAIM OR PART OF CLAIM. L.XDFll 
 SECTION 113 OF THE ACT. 
 
 (Title of Court and style of cause.) 
 
 1, the dofc dant, having filed a m.tice of defence in this ac- 
 tion, withdraw such defence and consent thai judgment be 
 entered against me, and I do hereby confess and admit th;it the 
 smi^ of $ , the amount claimed (or the sum of $ . being 
 
 part of the amount claimed by the plaintiff in this action), is du« 
 
 liU 
 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /. 
 
 7^ 
 
 /- 
 
 A^ 
 
 A^* 
 
 ^ f^4 
 
 .^-A^ c^. 
 
 C^ 
 
 Z. 
 
 2- 
 
 1.0 
 
 I.I 
 
 1.25 
 
 
 2.5 
 
 1.8 
 
 U ill 1.6 
 
 r^ t 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WfBSTiit.N.Y. i43o0 
 
 (716) 872-4503 
 
& 
 
i 
 
 461 
 
 DIVISION' CoritTS ALT. 
 
 to him frnm nn' (;in<1 that I will pny tho Siiine by instaln.eats 
 of ). 
 
 Doted this <lay of , iS9 . 
 
 Signed in the presence of 
 
 [This paper marked "A " is the statement referred to i;i tliO 
 annexed affidavit.] 
 
 231— AFFIDAVIT OF SIGNATURE TO ADMISSION 
 (Insert title of Court and style of cause.) 
 
 I, , of . gentleman, make oath nnd say 
 
 that I was present cm the day of , A.D. 189 , and did 
 
 see the above-named defendant sign the statoni(>nt hereunto 
 annexed, marked with the letter "A," and thit tht' name set 
 to the said statement is in the handwriting of the defendant, and 
 that the name set to the said stateincnt as the witness attestirs? 
 the same is in my handwriting. 
 
 [Conclude as in other .-iffidavit Form.] 
 
 IJAIJ.IFF'S J'OKMS. 
 232 -APPRAISER'S OATH IN ATTACHMENT CASES. 
 
 You, and each of you, shall well and truly appraise the prn- 
 perty and effects mentioned in this inventory (holding it in his 
 hand) according to the best of your jtidgmcnt. So help you Gnd. 
 
 233. -APPRAISEMENT TO BE ENDORSED ON INVENTORY. 
 
 Wo, B. B. and B. D., having bt en duly sworn by the bailiff, 
 V. W., to appraise the property and elTects mentiouv'd in the 
 within inventory, to the best of our judgment, and haviiu; ex- 
 amined the same, do appraise the same at the sum of $ 
 
 Witness our hands this day of , A.D. 18 . 
 
 : ^^ r5 
 
 B. D. 
 
 m w ■<! m I 
 
FOllMS. 
 
 405 
 
 I 
 
 234— NOTICE OF SALE. 
 
 By virtue of an execution issued out of the Division 
 
 Court for tlie county of , and to me directed, against 
 
 the goods and chattels of , at the suit of , 1 
 
 have seized and lalien in execution, one biiy horse, etc. 
 
 All which property will be sold by public iiuclion, at 
 on the day of ,18 , at the hour 
 
 of o'clock in the noon. 
 
 V. W.. 
 
 Bailiff. 
 
 Dated 
 
 day of 
 
 , 18 
 
 RETURNS TO EXECU'i'IONS, ETC. 
 
 235. Nulla Bona. — The within defendant (or paintift) hnth 
 
 no goods or chattels in the said county of , whereof 1 can 
 
 make the moneys to be levied, or any p:irt thereof as within 
 
 commanded. 
 
 V. W., 
 
 Dated day of A D. 18 . Bailitt 
 
 230. Feci. — By virtue of the within execution, 1 have made of 
 
 thi' goods and chattels of the defendant (or plaintii'f) the moneys 
 
 within mentioned, and have paid the same to the said clerk as 
 
 within commanded. 
 
 V. W.. 
 
 Dated day of A.D. 18 . Bailiff. 
 
 237. Any part made.— By virtue of (he within execution, I 
 aave made of the goods .'ind chattids of (he defendant (or plain- 
 tiff) $ , and have paid the same to the said clerk, and 
 the defendant (or plaintiff) hath no more goods or chattels in the 
 said county of whereof I can make (he residue of the said 
 moneys, or part thereof. 
 
 Dated 
 
 day of 
 
 A.D. 18 
 
 V. W., 
 
 Bailiff. 
 
 238. WHEN RENT LEVIED BY BAILIFF. 
 
 By viriue of the within execution, I have made of the goods 
 and chattels of the plaintiff (or defendant) $ part whereof, 
 
 $ , I have paid to O. B., landlord of said plaintiff (or 
 
 defendant), for one quarter's rent in respect of premises when 
 levy made; and a further part $ ,1 have retained as fees 
 
 on execution. The residue $ I have paid to the said 
 
 clerk as within commanded. 
 
 V. W.. 
 
 Dated lay of A.D. 18 . Bail'ff. 
 
 D.CA— 30 
 
 
 1 ^^ 
 
 1 ir 
 
 1 'i 
 
466 
 
 DIVISION COURTS ACT. 
 
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FORMS. 
 
 llH 
 
 AiTKALS. 
 DITCHES AND WATERCOIRSES. 
 
 The following shall be the forms used In apiicalh in i)roc.«'(l- 
 ings under the Ditches and Watercourses Act, R. S. O. cap. 220. 
 
 240. NOTICE OB^ APPEAL UNDER SECTION 11. 
 
 Of 
 
 To R. S., the clerk of the municipality of the township 
 in the county of 
 
 Whereas, under the Ditches and Watercourses Act, A. D., of 
 the of in the county of , the en- 
 
 gineer appointed by the said municipality of the towns-hip 
 of to carry out the provisions of the above Act, did nial^e 
 
 his award in writing bearing date the day of 18 , 
 
 which award, with the plan and profile referred to therein (or 
 as the case may be), was filed in your office ou the day 
 
 of 18 . 
 
 Take notice that I, C. D., of the of in the 
 
 County of > am a party interested and affectt'd by 
 
 the matters set forth and determined by the said award, and I 
 am dissatisfied with the said award, and that the amount in- 
 volved in this, my complaint, exceeds $20. I do, therefore, hereby 
 appeal from the said award to the .Judge of the County Court of 
 the County of . being the county in which the lands 
 
 affected by the said award are situate, and the grou.xds of my 
 appeal are as follows: 
 
 In and by the aid award it is provided (here set forth so 
 much of the award as is complained of). 
 I object to the said award in this: — 
 
 1st. That I receive no benefit whatever from the said ditch 
 or drain (as the case may be), or 2nd. That I am required by the 
 said award to open up and maintain a much larger proportion of 
 the said ditch or drain than is my just share in proportion to 
 the benefits I shall derive from the said ditch or drain. 3rd. That 
 the sum of $ apportioned against mc^ as my share of the 
 
 costs of the said engineer is in excess of what should be my just 
 proportion thereof. 
 
 (Here set forth any other grounds of appeal that are relied on, 
 
DIVISION COUR'I'S ACT. 
 
 or substituto any other grounds in place of tho above, which are 
 
 merely given as examples). 
 
 Dated this day of 18 . 
 
 C D. 
 
 NoTi:.— If there be more than one appellant, and they desire 
 to join in the appeal, the above notice will be changed accord- 
 ingly. 
 
 241. ORDER BY JUDGE FOR TRIAL OF APPEAL AND FOR 
 
 DEPOSIT TO BE MADE BY APPELLANT UNDER 
 
 SEC. 11, SUB-SECS. 2 AND 3. 
 
 In the Division Court for the County of 
 
 In the matter of the appeal by C. D. against tho award of A. 
 B., the engineer appointed by the municipality of the township 
 of in the County of under tlio "Ditches and 
 
 Watercourses Act." 
 
 I hereby order and direct tliat the said appellant, C. D., do 
 wiihin six days deposit with the clerk of the Division 
 
 Court of the County of the sum of $ (or 
 
 such sum as may be ordered) as an indemnity against the costs 
 of the said appeal. 
 
 And ui)on such deposit being so made I order that the said 
 appeal be tried at the sittings of the said Court to be held in the 
 
 of 
 
 18 
 
 in the said County on 
 at the hour of o'clock 
 
 day of 
 
 18 
 
 Court room in the 
 the day of 
 
 in the noon 
 
 Dated this 
 
 To C. D., 
 
 Appellant, and to 
 X. Y.. 
 
 the clerk of the said Court. I 
 NoTi:.— Where the Judge does not direct the deposit to meet 
 costs the form will be varied. 
 
 V. W.. 
 
 County Judge. 
 
 242. JUDGMENT BY COUNTY JUDGE ON APPEAL, SEC. 11, 
 
 SUB-SEC. 4. 
 
 In tho matter of the appeal of C. D. against A. B., the en- 
 gineer appointed by the municipality of the township of in 
 the County of under the " Ditches and Watercourses Act."' 
 
 m 
 
FOKMS, 
 
 40!) 
 
 The said nppeal hnving come on for hearing Ijcfcro me 
 this <lay (tt ,18 .at the sittings of 
 
 Division Court for the County at (or as the casi' may ho), 
 
 in the presence of the said C. D.. and all other parties interested 
 (name the other parties if judgment affeds them, and if Jiny of 
 them are not present state their absenee), after l)"ariiig wiiat was 
 alleged by the said C. D., and by the other parties affected by the 
 said award, I do order and adjudge that the said award be, and 
 the same is hereby eonfiruied (or insert after the word award), 
 be set aside, or be . itered and .'imended ns follows (here set out 
 the particular alterations), and I direct that the same be certilied 
 by the clerk of this Court to tlu' clerk of the said municipality. ■ 
 
 And I tax and fix the costs of this appeal at $ , in- 
 
 cluding $ , my expenses herein, which said costs 1 
 
 order to be paid by the said C. D., or to be piiid and appoiiioned 
 as follows (here state by whom and in wh;it proportions the costs 
 are to be paid). 'I'he said sum ol $ being my s.-iid ex- 
 
 penses to be paid in the first instance by the said raunic'i ility. 
 (Stat, of 1890. c. G7.) 
 
 Dated this day of , 18 . 
 
 V. W., 
 
 County .Judge. 
 
 243. DIVISION COURT CLERK'S CERTIFICATE OF AWARD 
 
 AS AMENDED (OR CONFIRMED) BY THE COUNTY 
 
 JUDGE, TO BE SEN'l' TO THE CLERK OF 
 
 THE MUNICIPALITY. 
 
 In the Division Court of the County of 
 
 In the matter of the appeal of C. D. (:is in Form .) 
 
 The following is a copy of the judgment given by the .Judge 
 of the County Court of the County of on :he hearing of 
 
 the above appeal. 
 
 (Here copy the judgment). 
 
 I hereby certify that the award of the said A. B., the en- 
 gineer appointed by the said municipality of the township 
 of , has by the said judgment been confirmed (or 
 
 hits by the said judgment been altered and amended as set forth 
 in the said judgment), and that the costs of, and incidental to the 
 
 1 1- 
 i 
 
 i M 
 
 3MB?^«i^^te^^ai£fe3^ 
 
DIVISION COL' UTS ACT. 
 
 said appeal as allowed by the said Judge arc set forth therein, 
 and the parties by whom the sjime are ordered to be paid. 
 Dated this day of IS . 
 
 To R. S., 
 
 the clerk of the said municipality. 
 
 X. Y., 
 
 Clerli. 
 
 NoTK.— If award set aside this form will be varied accordingly. 
 
 244. APPEALS UNDER LINE FENCES ACT. 
 
 Notice of Appeal. 
 
 To A. B., C. D., and E. F., three fence viewers of the town- 
 ship of , in the County of Jind to G. H., of 
 the same place. 
 
 'i'ake notice that I, J. K., of the of in the 
 
 County of , being the person affected by the award 
 
 hereinafter rn-.-ntioned, and being dissatisfied with tlie said award, 
 do intend to prosecute an .-ippeal to the County Judge of the 
 County of , against 'ui award made under " The Line 
 
 Fences Act," by the said A. B., C. D. and E. F., three fence 
 viewers as aforesaid (or as the case may be), dated the day 
 
 of , 18 , whereby I, the said J. K. (here set out the 
 
 award, or such portion of it as is complained of.) 
 
 And further take notice that the cause and matter of my 
 appeal are: 
 
 First, (here set out in detail all the grounds of complaint 
 against the said award. 
 
 Dated this day of 18, 
 
 J. K. 
 
 245. ORDER BY JUDGE FOR DEPOSIT BY APPELLANT AND 
 
 FOR TRIAL OF APPEAL UNDER " THE LINE 
 
 FENCi^S ACT." 
 
 In the matter of the appeal by J. K. against the award of A. 
 B., C. D. and E. F., three fence viewers of the township of in 
 
 the County of . 
 
FoltMS. 
 
 •171 
 
 I hereby order and direct Uuit the said appeniint C. n.. do 
 within six dM.VH deposit with the cd.rU of ih. Oivisi.m 
 
 curt of the County of , th.- sum of $ («r hu^Ii 
 
 sun. as may be ..rderi'd). as an Indemnity against tlio costs ol 
 
 the said appeal. 
 
 And upon such deposit beinp; so made. I order that the said 
 
 appeal b.> tried at the sittings of th.- said Court, to be held at the 
 
 '' ,, ,,„. of , in the said County on 
 
 Court room. In the ot „ . , ,, i,. 
 
 the day of 18 . at the hour of o clock wi 
 
 the "o""- 
 
 Dated this day of , IS . 
 
 To J. K.. ] 
 
 the above appellant, and to V. W., 
 ,, ,, County .ludge. 
 
 X. ^.. I 
 
 the clerk of the said Court. ' 
 
 I,^.,,,.,_Where the .Judge does not direct the deposit to meet 
 costs the form will be varied. 
 
 24G JUDGMENT BY COUNTY JUDGE ON .VPPEAh UNDER 
 " THE LINE FENCES ACT." 
 
 In the Division Curt in the County of 
 
 in the matter of appeal by J. K. against the award of A. 1| 
 C D -uul E F., three fence viewers of the township ot 
 the County of . under " The Line Fences Act." 
 
 ,n.e .aid appeal having come on for hearing betore me 
 this day of 18 . at the sittings of the 
 
 Svlslon Court^or the County of 'or as the ca.e may 
 
 b tbe presence of the said J. K.. and all the parties ,n er s 
 
 "d name the other parties If judgment affects them, and , any 
 hem are not present state their absence). ^^^ .^-;;- ^ ^T 
 ,neged by the said J. K.. and by the other parties att*<' d > tl e 
 ial/awa'l, I do order and adjudge that the said avva.n^. a^ 
 the same is hereby affirmed (or Insert after the -old aid^ be 
 set aside," or " be altered and amended as tollows. heie .e. 
 the particular alterations.) 
 
 . And I direct that the same be certified by the clerk of this 
 Court to the clerk of the said municipality. 
 
 And I tax and fix the costs of this appeal at $ ■ '"" 
 
 eluding $ my expenses herein, which said costs I ouh i to 
 
 ^sasmSi^ss^siysiiasiag^ 
 
472 
 
 DIVISION COUIITS ACT. 
 
 be paid by the said J. K. (or " Id be paid and apportioned as 
 follows," here staX' l)y whdin and in wlial [)r<iporHons tlic coHta 
 are to !)(< paid). 'I'lio said sum of $ , bein^ my said ox. 
 
 ponsoH In 1)0 paid in the first instance l)y the said miinicipalliy. 
 (Stat, ui 1S!H), c. (;7). 
 
 Dali'U this day of , 18 . 
 
 V. W., 
 County Judge. 
 
 iL 
 
 247. FORMS FOR APPEALS 1'ND1-:R MASTFIl AND SERVANT 
 AC'i' ANI> TAX ON DOCiS ACT. 
 
 Notice of app<'al under Master and Servant Act, R. S. O. cap. 139. 
 
 'l\> A. P. of, etc. (the name and addition of tlif party to whom 
 the notice of appeal is required to be given). 
 
 Take notice, that 1, the undersigned C. D., of, etc., being 
 the person aggrieved by the order liereinaftcr mentioned, do in- 
 tend to enter and prosecute an ai)peal at iho (next) sittings of 
 the Division Court for tlie County of , to be 
 
 holden at , on the day of next (or 
 
 " instead ") against a certain order made by !,. M., Escpiire, one 
 of Her Majesty's .Justices of the Peace in and lor the (said) 
 County of t<>r "police magistrate" in and for tlie city 
 
 (or town) of ] whereby I, the said A. B., was ordered 
 
 to pay (here state the terms of the order made as fully and 
 correctly as possible). 
 
 And further take notice, that the cause an<l matter of my 
 appeal are, lirst, that [1 never was indebted to the said A. P. for 
 the said amount of wages so ordered to be paid by me; secondly, 
 that before the proceedings were taken on which the said order 
 was made, I paid the said A. 13. the wages in said order mention- 
 ed] together with any other cause or matter of appeal, care l)eing 
 taken that all grounds of appeal relied on are stated, as the 
 appellant will be precluded from going into any other than those 
 stated. 
 
 Dated this day of , A.D, 18 . 
 
 A. B. 
 
 NoTi:.— The above Form may be varied to suit the ca-e where 
 the appeal is against an order of dismissal or other decision of 
 the justice. 
 
FOllMS. 
 
 17'.^ 
 
 248.-APPEAL BOND Oil APl'KAL ACJAINST AN OIlDKll FOU 
 
 PAYMENT OF WAC.FS INDKU MAS'lFll \>\) 
 
 SEUVANT ACT, H. S. O. CAP. V.VX 
 
 Know all mt'n by thfse proaents. lluit wo, C. D., of, etc., and 
 E F.. of. etc., luul O. M.. of, etc., are Jointly and severally held 
 „n(l firmly bound lo A. B., of, etc., in the final sum of one hun- 
 dred dollars of Lawful money of (lunula, to hr iniid to ilu- said 
 A B., or his cert.'iin attorney, executors, administrators or assinns, 
 for vvhich payment, well ,.nd faithfully to be made, we bind our- 
 Bolvi'S, and each and every of us in the wind.', our and each and 
 every of ..ur heirs, executors and administrators, jointly and 
 severally, firmly by the.-e prosents. 
 
 Scaled with our seals, and dated this day of tft 
 
 the yi'ar of our Lord nuc thousand eiyht hundred and 
 
 Whereas the said A. B.. on the day of . Instant 
 
 (or " last past "), made complaint aK:.inst the said C. D., bet..r:^ 
 L M one of Her Majesty's .lustices of the Peace in an<l f..r the 
 C,\unty of l"»' •' t»>e l'^''^^^ magistrate " In and for the 
 
 city (or town) of L for the allege.l non-payment of wages 
 
 by the said C. D. to the said A. B. 
 
 And whereas, the said C. 1). was, on the day of 
 
 instant tor "last past") by the said L. M. as such justice as 
 aforesaid (or " as such police magistr:.te ") ordered to pay to the 
 said A. B. the sum of (here fully and particularly state the sub- 
 stance of the order). 
 
 And whereas, the said C. D. being dissatisfied with the deci- 
 sion if said complaint, and with the said ordor made then on 
 is desirous of appealing against the sam. to the 1 'vision 
 
 Court for the (said) County of at its (next) sittnig. to 
 
 be held on the day of next (or iust.-.nt), and, m 
 
 pursuance of the statute in that behalf, this bond is given as 
 security to such appeal. 
 
 ^nd whereas, the above bounden E. F. and G. II., at the re- 
 quest of the said C. D., have .-.greed to enter into the above written 
 obligation, for the purposes aforesaid. 
 
 Now therefore, the condition of this obligation is such, that 
 if the above bounden C. D. shall personally appear at the said 
 Conrt and try such appeal, and abide the judgment of the Court 
 thereon, and pay such costs as shall be by the said Court awarded. 
 
471 
 
 DIVISION COfllTS ACT. 
 
 then tliln obllKaiioii Hliall be vnid, otherwise the same hIuiH remain 
 in full force and effect. 
 
 Signed, se.iled and ilellvered by tlie | 
 above bounden C. I)., E. K. and 
 G. II., in ib(> presence ol .1. K. 
 
 C. I). |S.-al.l 
 E. F. |S. al.l 
 (J. H. [Seal. I 
 
 (The abovp form can be altered to snlt the clicunistanceti of 
 any jiarticular cjiae.) 
 
 249. APPROVAL OK APPEAL BOND HV THE CLEIIK, TO BE 
 ENDORSED ON BOND. 
 
 1 api)r..ve of Hie within bond and of the sufllciency ol' the 
 sureties therein named. 
 
 Dated this day of , 18 . 
 
 X. Y.. 
 
 CliMk. 
 [When required by the clerk. afTldavit of Justification must be 
 made, and Form 35 for affidavit of execution of the bond. J 
 
 250. DEMAND OF .HRY, UNDER MAS'I'ER AND SERVANT 
 ACT AND TAX ON DOGS ACT. 
 
 In the 
 
 Division Court in tlie County of 
 A. B., Appellant, 
 
 V. 
 
 C. D., Respondent. 
 
 Take notice that I hereby require a jury to be summoned in 
 this appeal. 
 
 Dated this 
 
 day of 
 
 To the Clerk of this Court. 
 
 , A.D. 18 . 
 A. B., 
 
 Appellant, 
 or C. D., 
 
 Respondent. 
 
 
Ff-HMS. 
 
 i?s 
 
 i'.in 
 
 of 
 
 3E 
 
 lie 
 
 be 
 
 TIIK INDl'S'lMIIAI, SCHOOLS ACT. 
 
 251. SUMMONS FOR MAlls'THNANCK. 
 
 (Title of Ctiurt and Htylf ni' causr.) 
 
 You. the a1)ove-nani.'<l (lrf<«n.laiu. ar.' luivby siimnioiUMl to 
 appp " at in the County ..r <ni the tl.iy 
 
 „f A.D. 18 , at the linur nf o'clock in Hi" 
 
 forenoon, to answer the aUeKat...n of the plaint iff that you. th.- 
 same defendant, are llal)le for the expense ..f luaintainlnR one 
 E D.. a boy detained in the Induwtrhil Scliool under tlw charge 
 ,.f mi' al)Ove-nanied plaintllfs in the Village of Mlmlco. In the 
 Ccunly of York, a copy of which is hen un'o ann.'xed. 
 
 And further, you are hereby reqtdred to take notice that the 
 plaintiffs claim that you are able to pay the sum of $ Pf^i" 
 
 week towards the said exnenses. and that if you do n..t appear at 
 the sj.id time and place, such order will be made in your absence 
 as may seem just. 
 
 diiy 
 
 Civen utider the seal of the Court and dated this 
 01 A.D. 18 . 
 
 11. R.. 
 
 Clerk. 
 
 rr 
 
 in 
 
 252 ORDER ON PARENT. STEP-PARENT OR (UTARDIAN. 
 
 FOR THE PAYMENT OF WEEKLY SIM I'OR 
 
 MAINTENANCE OF CHILD. 
 
 On the complaint of the Victoria Industrial Sch.,ol Associa- 
 tion of the City ..f 'l'oront<. (or of the School Corporation or 
 Philanthropic Society-mentioning its corporate name) or ot 
 A B the agent of the (hero name the corporation or S'^ciety of 
 which he is agent), the- d.-fendant having been summoned to 
 appei.r at a sittings of the said Court on the day of IS . 
 
 j^t in the said County to ai-.^wer the said 
 
 complaint and the allegation that the defendant is liable for 
 the expense of maintaining one C. D.. a boy detained in the said 
 Industrial School (or name the society) under the charge of the 
 plaintiff in the Village of Mimico. in the County of York, 
 and it being found that the defendant is able to pay the sum ot 
 
476 
 
 DIVISION COURTS ACT. 
 
 I per week towards the said expenses; it is therefore 
 
 atljudgecl and ordered that the defendant do pay the plaintiffs the 
 sum of weekly, as follows, viz.: (here state the time 
 
 and manner of such payments.) 
 
 253. FORM OF COMPLAINT. 
 
 ■ 
 
 i ■ 1 
 
 (Title of Court and style of cause.) 
 
 The plaintiff alleges that E. D. is a child, who is, and has 
 been detained in the certified industrial school under the charge 
 of the plaintiffs for weeks, in the Village of Mimico, in 
 
 the County of York, the defendant is the parent (or guardian or 
 step-parent of the said E. D.) and is liable for the expense of 
 maintaining the said child, and they claim that the defendant is 
 able to pay the sum of $ per week towards the said 
 
 expense, and does not pay the same, but refuses to do so, and 
 hereby apply for an order in that behalf. 
 
 Sealed with the seal of the corporation this 
 A.D. 18 . 
 
 day of 
 
 R. L. N., 
 
 President or Ag 'nt or Secretary or Treasurer ; Corpor- 
 of the ?aid Corporation. : ate Seal. 
 
the 
 ime 
 
 CLASSIFIED INDEX OF FOIUIS. 
 
 (77/0 n'p'rcnci iiumhrr 's to ihv .\". "/' llic I'onit). 
 
 has 
 irge 
 I, in 
 
 1 Of 
 
 ! of 
 
 t is 
 5a id 
 and 
 
 il. 
 
 ABSCONDING DEB'IOR (_sev Attachment). 
 
 Affidavit for attachment against. No. '11. 
 
 Execution against under Rule 30, lo2, 132(;. 
 
 Attachment against, GU. 
 
 Bond on supersedeas as to warrant of attachment, 187, 
 
 Bond on sale of perishable goods, 188. 
 
 Appraiser's oath. 232. 
 
 Appraisement to be endorsed on inventory, 233. 
 
 ACCEP'i'ANCE— Of luoney paid into Court, ISti. 
 ADJOINING DIVISION— Affidavit for leave to s,;e in, 21. 
 ADJUDICATION (see Judgment). 
 
 On interpleader, ItiO. 
 ADMISSION— General heading and conclusion of, 207. 
 Affidavit of execution of, 231. 
 Of claim or part of claim under section 113, 230. 
 ADMINISTRATOR (see Executors and Administrators). 
 Affidavit of, to revive judgment. 30. 
 Affidavit to revive judgment against, 38. 
 AGREEMENT (see Consents and Agreements), 190, 191. 
 
 Not to appeal. 192. 
 AFFIDAVITS AND OATHS— General form of. 22. 
 For leave to sue in adjoining division, 23. 
 For leave to sue in adjoining division (several defen- 
 dants), 24. 
 Schedule in such cases. 25. 
 For attachment, 20. 
 
 For attachment where debt over $100, 27. 
 Of service of summons, 28. 
 Of service on absconding debtor, at last place of 
 
 abode. 29. 
 Of service on absconding debtor, where no one found 
 at such place of abode, 30. 
 
478 
 
 DIVISION COUHTS ACT. 
 
 till I 
 
 AFFIDAVITS AND OXIUH—ContiniK'd 
 
 Of scrvict' on jibsconding debtor at last place of trad- 
 ing or dealing, 31. 
 
 O*: execution of confession, 32. 
 
 For judgment summons, 33. 
 
 For summons against debtor under section 239. 34. 
 
 Of execution of any instrument, 35. 
 
 For revival of judgment, 3*!. 
 
 On application by executor, etc., to revive judg- 
 ment, 27. 
 
 For revival of judgment against executor, etc., 38. 
 For further proceedings after transcript, 39. 
 
 Of disbursements to several witnesses, 40. 
 
 Forms of oaths, 41. 
 
 On application to change venue, 42, 
 
 For order to garnish debt, 43. 
 
 General form of heading and conclusion of in gar- 
 nishment, 44. 
 
 Form of jurat, 41 00. 
 
 Of service of garnishee summons on agent of foreign 
 corporafion, firm, er individual, 74, 75. 
 
 Of signature to almission of claim, 231. 
 
 Of justification on bond in appeal un(!er Master and 
 Servant's Act, 35. 
 
 APPEAI.r-To the High Court, 131. 
 
 Consent 1o, under section 148, 190. 
 
 Agreement not to, 192. 
 
 Certificate of clerk, of proceedings to Court of, 213. 
 
 APPEALS— To Division Court under Ditches and Watenourses 
 Act, notice of, 240. 
 
 Order by Judge for trial of, and for dep sit by appel- 
 lant, 241. 
 
 Judgment thereon, 242. 
 
 Clerk's certificate of award, 243. 
 
 To Division Court under Line Fences Act, 244. 
 
 Notice of, 244. 
 
 Order of Judge thereon, 245. 
 
 Judgment on. 246. 
 
 To Division Court under Master and Servant's 
 Act, 247. 
 
 Notice of, 247. 
 
 liii 
 
 Hii 
 
CLASSll'lED INDEX Of FOUMS. 
 
 479 
 
 rad- 
 
 ii' Ig- 
 
 !. 
 
 gar- 
 
 3ign 
 
 and 
 
 rses 
 
 pel- 
 
 iil's 
 
 APPEALS— Cow^/niu'f?. 
 
 Bond on, 248. 
 
 Approval of bond. 249. 
 
 Affidavit of justification of suroties, 35. 
 
 Demand for jury in such cases, 'oO. 
 
 Under Tax on Dogs Act, 247. 
 
 Notice of, 247. 
 
 Demand for jury on, 250. 
 
 APPLICATION— Of bailiff for inlcrpleadi r, 1(15. 
 
 Notice of, for ordi-r to examine witness dr hviit issr, 
 
 116. 
 Order in such cai^^es, 177. 
 
 For statement of names, etc., of plaintiffs t'.rm, ?0S. 
 Order for, 2n. 
 
 By summons to change place of trial, 215. 
 Order thereon, 21C. 
 
 To set off cross judgments, notice of, 223. 
 Order thereon, 224. 
 Entry of partial satisfaction therton, 22G. 
 
 APPRAISERS— Oath of, in attachment, 232. 
 APPRAISEMENT— To be endorsed on inventory in aUach- 
 
 ment, 233. 
 ARBITRATION— Summons to witness by arbitralor, 59. 
 
 Order of reference, 181. 
 
 Appointment of third arbitrator, 182. 
 
 Appointment for meeting on reference, 183. 
 
 Enliirg(mient to be endorsed, 184. 
 
 Order of reference containing special clauses, 185. 
 
 Award, 18G. 
 ASSIGNMENT— Notice of change of plaintiff's title l)y. 2M. 
 
 Order to proceed after change of interest, 217. 
 
 ATTACHMENT OF DEBTS (see Garnishee). 
 Debt attachment book. 5. 
 Judgment debtor's book, 8. 
 Judge's attaching order, 73. 
 
 Executions against garnishee for debt and costs 147. 
 when claim made by third party, 149. 
 " for garnishee's costs, 151. 
 
 under Rule 943 C. R. of High Court, 152. 
 See Executions. 
 
480 
 
 DIVISION COUUTS ACT. 
 
 ATTACHMENT OF GOODS (see Absconding Debtor). 
 Alfidavit for. 26. 
 
 Affldavit for, where debt over $100, 27. 
 Against an absconding or rumoving debtor, 60. 
 Bond on supersedeas to warrant of, 187. 
 Bond on sale of perishable goods, 188. 
 Appraiser's oath, 232. 
 Appraisement to be endorsed on inventory, 233. 
 
 AWARD (see arbitration). 
 Judgment on. 80. 
 Form of, 186. 
 
 BAILIFF'S FEES— Tariff of. Form 2. 
 
 BAILIFF'S BOOKS— Process book, 11. 
 Fet> book, 12. 
 Cash book, 13. 
 
 BAILIFF'S RETURNS— To writ of replevin, 67. 
 To executions (.see Executions), 235. 
 To clerk at each Court, 179. 
 Whi'n rent levied, 238. 
 
 BAILIFF'S FORMS— Appraiser's oath in attachment, 232. 
 Appraisement, 233. 
 Notice of sale, 234. 
 Returns to executions. 235. 
 Return to be m.-ule to clerk at ca-^h Court, 239. 
 
 BENEFICIAL PLAINTIFF— Warning on summons when suit 
 brought ior. ,'52. 
 
 BILLS 01' EXCHANGE— Particulars of claim on, 14 (*/), 14 (c). 
 
 BOND— Particulars of claim on. 14 (/). 
 In replevin, 65. 
 
 In garnishee proceedings under section 196, 76. 
 On supersedeas to w.-irrant of attachment. 187. 
 On seizure or sale of perishable property, 188. 
 For security for costs when plaintiff out of Ontario, 
 
 189. 
 On appeal under Master and Servant's Act, 248. 
 Approval of, 249. 
 Affidavit of execution of. 103, 35. 
 Affidavit of justification of sureties, 35. 
 
Hit 
 
 (<■). 
 
 10, 
 
 f'LASNUMKl) ISPIA OF I'oHMs, 481 
 
 BOOKS— Procedure be ok, 4. 
 
 Drbt attachnieui look, 5. 
 Ciish book, t>. 
 Clerk's fei' liurk, 7. 
 Jiulfimeiu debtor's book, 8. 
 Order beck, 9. 
 Foreign sumninns boi k, 10. 
 Bailiff's process bcok, 11. 
 fee book, 12. 
 (ash book, 13. 
 
 CASH-BOOK— Clerk's, ti. 
 
 Bailiff's, 13. 
 CERTIFICATES AND ORDERS-Of cl.rk and Judge, 212. 
 
 Verifying entries in Procedure Book imdi r section 
 
 15, 212. 
 Of clerk, of proceedings to Court if A] P al, 213. 
 Of Judge, of exception \o exemption law, 211. 
 For discharge of party from custody. 22S. 
 CERTIORARI— Return by Judge to, 21G. 
 
 CHANGE OF TITLE OR INTEREST— Notice of clerk of, befoie 
 judgment, 206. 
 Order to proceed on, after .ludgment. 219. 
 CHANGE OF PLACE OF TRIAL— Notice on all summonges re- 
 specting, 4S. 
 Summons on appliciition for, 215. 
 Order thereon, 2H). 
 Affidavit for change of venue, 42. 
 
 CHANGE OF VENUE (see Change of Place cf Tiial), 42. 
 
 CLAIM (see Particulars of Claim), 14. 
 In replevin, G3. 
 
 Of laoidlord for rent under section 2G9, I'^G. 
 Admission of, under section 113, 230. 
 Affidavit of signatuie to admission, 231. 
 
 CLERK'S FEES (see Clerk's Forms). 
 
 Tariff of. Form 1. 
 CLERK'S FORMS— Particulars in actii n rgains\ IS. 
 
 Order on party to ray costs under section So. 13). 
 
 Execution then on, 142. 
 
 P.C.A.— 31 
 
 ! Ul 
 
» i 
 
 482 
 
 DIVISION' CorUTS ACT. 
 
 CfiHllK'S ycmM^—Coiitiiiiii'iL 
 
 N<)Ti.-i;s (see Notices), VJ'>. 
 
 By cU-rk to iilaintiff, 195. 
 Of trial by jury, 197. 
 Of new triiil, 198. 
 
 Of leave to dispute claim umlcr sfctiou 112. 19S. 
 Of ret\irn of execution under set lion 218, 199. 
 Of transfer of proceedings under section S7, '.lOO. 
 To either party generally, 2(il. 
 To parties ef tini(> fixjd for dtdivery of judgment 
 postponed under section HI and Rule Ull, 
 202. 
 " Ceutific.\ti: of proceedings to Court of Appeal. 212. 
 Certificate verifying entries in Pro ediire \Un.k 
 
 213. 
 List of lUKdainied moneys in Ciurt. 221. 
 
 (COMMITMENT— Wai rant (d', in deiault of rpi.earance, li)2. 
 Warrant of, after examination, 1*'.2 ('/). 
 Warrant of, for contempt in open Court, 103. 
 Request of creditor for discharge of debtor arrested. 
 
 227. 
 Certificate for discharge of party from custody, 22S. 
 
 CONFESSION— Affidavit of execution of, 32. 
 .ludgment on, before action, 98. 
 Of debt after suit, 229. 
 Admission of claim or part of claim, 23i). 
 Aflidavit of signature to, 231. 
 
 COMPLAINT— Under Industrial Schools Act, 2.')3. 
 
 CONSENTS AND AGREEMENTS— To an ajipeal un ler section 
 148, 190. 
 To try case in Division Couu, 191. 
 Not to appeal. 192. 
 To give jurisdiction, 193, 
 Undertarking by next friend, 194. 
 
 CONTEMPT— Order for imposition of fi:ie for, 93. 
 Warrant of commitment for, 1G3. 
 
 CONTRACT— Particulars of claim in actions on, 14. 
 
CI.ASSIFlKn IN'DF.X oV KOiiMS. 
 
 4s:{ 
 
 It 
 
 COSTS— Judgment tor. under section 209, SO. 
 
 Judgment for, defendant under Rule '2:>2 Ui), 9i». 
 
 clerk when Judguui,! iiotponed, '.M. 
 Order ou pnrty to ray to clerk, under section :uj, 1:50. 
 Kxeciition thereon, 143. 
 Of surnii^hee, execution lor, 111. 
 ExecutidU for, l-')4. 
 Ecnd for security for, ISO. 
 rndertiiking l)y next friend to be ii>^i):jusil)le f< r, lli4. 
 
 COUN'rERC[..\l.M— Parti(ular.s o''. -il. 
 Judgment in caso of, 87. 
 Execution for, 13". 
 Notice of objection to iurisdidion to try. •.:i)4. 
 
 COVENANT— Particulars in vIaawh on. 15. 
 
 CREDITORS' RELIEF .\CT— Entry in Proc:>duv.> Book under, 
 where there is a judgment, 9"). 
 Judgnu-nt undi'r. 90. 
 CROSS JUDGMENTS— Notice of application to s-et off, 223. 
 Judge's order thereon, 213. 
 Entry of partial satisfaction thereon, 220. 
 DEATH OF PARTIES— Notice to clerk of change of plaintiff's 
 title on, 206. 
 Order to proceed afti-r death of plalntitT after judg- 
 ment. 21S. 
 Warrant of execution where one of several plain- 
 tiffs h:is died after judgment and before execu- 
 tion, 133. 
 (See Revival). 
 DE BENE ESSE— Notice of application to examine witness, 176. 
 
 Order for examini'tion, 177. 
 DEBT ATTACHMENT BOOK, 5 
 
 DEBT OR DA^dAGES— Minute of judgment for (see Judg- 
 ment), "7. 
 DECLARATION— Of names, etc., of plaintiffs firm, :0^. 
 
 Order for same, 211. 
 DEFAULT— Judgment by (see Judgment), 77. 
 
 DEFENCES— Notices of, 19. 
 
 Clerk's notices of, 195. ^ ■ 
 
 Notice of withdrawal of. 203. 
 
4Sl 
 
 i»ivisi(>\ conns ACT. 
 
 DK'llXrE- I';irii('iilars in cases of, If. (a). 
 
 Jiidgiiu'iit for (leliveiy of gnorts, 12S. 
 
 " when immeiliate return crikrod witli tl^ini- 
 
 ngc's j'nd ccsts, 129. 
 Executions on, Ifil. 
 
 DEMAND— Of jury, under Master and Servant's nnd Tax (in 
 Dogs Acts, 2.50. 
 Of slatemcni of names, etc., of i liiintif'f ?, rlim. 'Ji>^. 
 
 DEVASTAVIT— Suggestion of, in adion against o\eiHito:s, 
 
 etc., 50. 
 DISBURSEMEXTS— To witnesses, !>ffldav:t of. !0. 
 DISCONTINUANCE— Notice of. 205. 
 DISMISSAl,— Of action for wan*- of pio.-ei ution. <2. 
 
 DISPUTING CLAIM— Notiets of. ift. 
 
 Clerl<'s notices of to pla'ntiff, IC). 
 
 Notice of leave under sd tiun 112, 198. 
 DITCHES AND WATERCOURSES— P'orms on .".ppcal t:ndor 
 Acts respecting (sre Appials), 240. 
 
 DOCS — Forms on jippeal nnd.r Act respectirg tax o;i. 217, ZT>1 
 EXECUTIONS— Order i o?tponing under sectirn 147, 102. 
 
 Order to suspend, 101. 
 
 Against goofs of defendant, 132. 
 
 Warrant of, when one of the several plaintiffs has 
 died iifter judgment and be'ore execution, 13.'?. 
 
 Against goods of plaintiff, 131. 
 
 For bnlanre of set-off, ]3.">. 
 
 For counterclaim, 130. 
 
 Under section 82, against residence in foreign coun- 
 try, 137. 
 
 On transcript from one division to another, '38. 
 
 For executor, etc., on judgment revived, 139. 
 
 Against executor, etc., judgment revived, 140. 
 
 Against goods of testator, 141. 
 
 In replevin, against plaintiff, 142. 
 
 For non-payment of clerk's fees, under secfo" ii5, 
 143. 
 
 Against garnishee en judgment recovered, 144. 
 
 Against garnishee only on claim not a judgment, 
 where no judgment given !i£ainst p'imary debtor, 
 145. 
 
 m 
 
 :.V '• ; '^ 
 
( I,.\SSIl"li:i) IXIU'.X t»F I'OKMS. 
 
 4S.J 
 
 EXLICUTIONS— 0)ii'/(("t'</. 
 
 Against primary debtor iiiul garnishee, 14G. 
 
 Against garnii'het' on judgment recovered against iiim 
 and primary dt'btor, 147. 
 
 Against garnishtt' for d"l)t and costs on attachment 
 undi'r sectlor 191, 148. 
 
 Where claim made by person to debt sought to bf gar- 
 nished, and ctfect given to claim, 1»'J. 
 
 Same where Judge holds claim void, luO. 
 
 For garnishee's costs, 151. 
 
 XTnrter Rule 1)43 of High Court of Justice, 152. 
 
 Against goods of claimant in interpleader, 1.'3. 
 
 For costs, 154. 
 
 For property seized, but unsold for want of b.iyers, 
 
 155. 
 On ordi'r on appeal, under Master and Servant's Act. 
 
 15G. 
 Against married women, 157. 
 Warrant to levy fine on witness refusing to gi^-e 
 
 evidence, 15S. 
 Warrant to levy fine on witness refusing to be ^^worn. 
 
 Warrant to levy fine on witness for disobedience to 
 
 subpo-na, 160. 
 In action o*' detinue, 161. 
 
 Against absconding debtor un ler Rul- 30. 132 (■/). 
 Clerk's notice of return of, under sefticn 218, 199. 
 Uaiiiff's returns to, 235, 236. 
 EXECUTION OF DOCUMENTS— Aff.davic of, S5. 
 EXECUTORS AND ADMT^'ISTRATORS- Affid ivit to levive 
 judgment againsi. 36. 
 Notices on summonses in action against, 51. 
 Warning on summons where allegation that assets 
 
 have come into hands of, since judgment. 52. 
 Judgments against (see Judgments), 105, 111. 
 Entry of order reviving judgments for or against, 103. 
 Executions against (see Execufone), 140. 
 Executions against goods of testator, 141. 
 EXEMPTIONS— Judge's certificate as to exception where debt 
 contracted before 1S87, 214. 
 
 » 
 
w 
 
 180 
 
 it!visif»N* rricirrs act. 
 
 EXl'KNSES— PartkularH of. in actirn of tori, 13. 
 
 KKE l:OOK— Clerk's. 7. 
 
 Hallirn, 12. 
 FEES- 'I'iiriff of clerk's, Form 1. 
 
 Tariff of iKiililfH, Form 2. 
 
 Tariff of \vilno.«Ht'.s', Form ',]. 
 
 Tariff of apiiraiticr's. Form 3, 
 
 See Costs. 
 
 OrdiT to a party to pay clerk iimler section 55, 130. 
 
 Execution on same, 143. 
 
 FIXES— Order for imposition of for contempt, 93. 
 
 Order for imtjn.Hition of, for non-attendance of 
 
 juror. [)\. 
 Warrant tn levy against \vilue.~s reli h ng to pive 
 
 evidence, 158. 
 Warrant lo levy apalnst witness refusing to 1;e sworn, 
 
 15a. 
 Warrant to levy a2;iinst \vitn<ss for (■isobf'dience to 
 
 subpiina, UiO. 
 
 FiRM— Judgment against, [)2. 
 
 Demand of names, etc.. of pljiintiffs constituting, 2()S. 
 Declaration in reply, 2U!». 
 Notice of application for, 210. 
 Order for, 211. 
 
 FLOODING LANDS—Particu'ars in action fer. 1''. 
 
 FOREIGN CORPORATION tfirm or i:i.livi luaD— Aff.davits o." 
 service of parni-^liee summcns on agi nt of. 74, 75 
 
 FOREIGN COl'N'l'V— Execution jigainst dei'tnilant residing in. 
 137. 
 
 FOREIGN SUMMONS POOK. 10. 
 
 GARNISHEES— Affidavit lor < rder to garnish del t. 43. 
 
 General lorni of headings .•ind coucluHion of proceed- 
 ings, 41. 
 Gencial form of n(,tices, pi ocfe lings, and orders, 45. 
 Sumnii.ns \u g".rr;i.-liee and primary debtor after 
 
 judgment, 70. 
 Notices and warnings thereon, 70. 
 Memorandum on summons in wages c; s; s, 71. 
 
cuAssii-iKU \suv:\ <.r muMs. 
 
 4S7 
 
 S„n,„,o„s ■» pruun.y a.Wo,.le<u,e Ju..gau.„., an,, 
 
 ganiit'lK'P. 72. 
 Winnings thereon, 72. 
 Judge's ultachlng order. '3. 
 
 Warning thereon, 73 (")• „,vniflne« 
 
 Clerk's .n.mu.un,hun of non-uDiH'a.anc. c£ ganil«ne.. 
 
 r n, -mission of deht, when tlgned by 
 Memonindiini of aumiasion ui 
 
 garniKheo, 73. ^_, 
 
 nemoran.lun. when gMrnlshro d, nles <"^^;^- '^ 
 Affidavits of service of .uumons after :>"'«";-;; 
 
 agent of foreign cori-oratlon. firm, or Individual. 
 
 74, 75. 
 IJond under section 19G. 70. 
 Mlnate of Judgn.ent ag.inst on Judgment alreacb 
 
 entered, 111. . 
 
 Mlnut. of judgnu.nt whe.. debt due by garnl.he. 
 
 ravable by Instalments, 115. 
 Minute in Proce lure Uook a.ainst primary debtor 
 
 and garnishee, U'j. . 
 
 Minute in Pr..eedure Book when debt due by garnishee 
 
 is livable by instalments, 117. 
 Minute in Procedure B..ok when garnishee sUs m. 
 
 mUcnable defence. 118. 
 Minute nf Judgment in lavor of .ari.lshe.-. rnma.y 
 
 debtor, cr claimant , Hi'. 
 .Tudgn>ent when mimary creditor fails, and mv,ceeel- 
 
 ings continued as bi't^veen primary .lebtor :ind 
 
 garnishee. 120. 
 Summons under section 197 when thir.l party chums 
 
 money, 123. 
 r.OODS-Judgm.nt for delivery of. iu detinue, 128. 
 
 Judgment where immediate return ordered ^^.th 
 
 damages and costs, 
 Execution against (see Execution), 129. 
 Unsold for want of buyers, execuf.on ..n return, 155. 
 Restoration of, bond on. in attachment, 187. 
 Perishable, bond on. sale of, in attachment, 188. 
 Notice of sale of, 234. 
 Appraisement of, 233. 
 
 '.!',».iiifeS2-».;- .■.-- 
 
ill 
 
 488 in VISION (ul Uls AiT. 
 
 GUARANTER— Piutkulars uf ilalm on. II VD. 
 
 HEADINGS AM) CONCLISIONS-Of i\olUi>>. admlssl hih. 
 nrilors, rtc. 207. 
 In amdavlts. 2-'. 
 In gavnishte pnjceedings, 41. 
 
 IIIOH COURT- -vppeal tc. 131. 
 
 IxnrSTRIAL SCHOOLS ACT— Summons for maintenance 
 under, 251. 
 Order on parent or guardian to.' piyni'nt of, 2'i2. 
 Form of complaint, 253. 
 
 IMMEDIATE JUDCfMENT— Order for under s ■( tion 111, Tit. 
 
 INSOLVENCY— Notice to elork of change of plaintiffs title b.v 
 assignment, 2()G. 
 Order to proceed aft-r change of inter st, 219. 
 
 INTERPLEADER- Application of b:\ilitt fo.-. 105, 
 
 Landlonl's claim for rent under section 269, iCfi. 
 
 Summons in, 1(J7. 
 
 Pnriieulars of claim in, UJS. 
 
 Adjudication un. HJl-lTo. 
 
 Execution against go ids of claimant, 15;j. 
 
 INVENTORY-Of goods replevied, 08. 
 
 JUDGE'S CERTIFICATE-Of exception in exemption law, 214. 
 
 JUDGMENT SUMMONS— Affidavit for uiuier section 1:35, 33. 
 Affidavit for under section 239, 34. 
 Summons to defendant after judgment, 54. 
 Summons to defendant after defiuilt, 55. 
 Warrants of commitment. 162-1G3. 
 
 JUDGMENT— Affidavits for revival of, 3tl 
 
 IMinutes of, in Procedure Dool<. 77. 
 Against defendant for debt or damages, 77. 
 By default, under section 109, 78. 
 Immediate, order for, 79. 
 
 On motion for speed.v judgment under section 111. SO. 
 Wlien some defendants served and others confessed. 
 81. 
 
 Of nonsuit or dismissal for want of prosecution, 82. 
 On award, 83. 
 For defendant, 84. 
 
 II 
 
Cl.AS^ilFll:l> 1NI»KX or nutMs. 
 
 480 
 
 •lUDCiMl^NT— C'o/(/((iiui/. 
 
 l-'oi- defendant, <'U s<l olt \\\\vu luirt salisfU'il, 85 
 
 I'or dpfi'lidnut, lor buluncu of fci-l-oit', Ml. 
 
 lu tuso of countfMi'liiini, 87. 
 
 Agitlnst minri''d women, SS, 
 
 For loata under M'ci.nn 200. H9. 
 
 Kntry of, for defendant's custs luidii' nih; i'.VJ'(, '.m. 
 
 Minnie of, for elerk when Judgment [.o.-tponeil, !tl. 
 
 AgninHt firm, 92. 
 
 Orders for luiposlllon of fhus. IK?. 
 
 Entry In Procedure Uouk under Creditor-^' Relief AH 
 
 wlien there is ii judKnieni, 'J5. 
 Under Creditors' Relief Act. •»»;. 
 Order for. without plaintiff niing note sued on. (IT. 
 
 A^;ainst defendant on contess'on liefurt act inn, i)S. 
 
 Against defendant on confession after action, W. 
 
 When judKment postponed, by consent, i)ey()nd titiy 
 days, lUO. 
 
 Order to suspend order, judgment, or execution, ii>1. 
 
 Order postp.miug execution under section 1 17, 102. 
 
 Entry In procedure Hook of .Judge's order for 
 executor or administrator to revive. 103. 
 
 Entry that judgment Ijo revived against ex- 
 ecutor, etc., 104. 
 
 Against executor or administrator on devastavit .ifter 
 judgment. 10.'). 
 
 Again>t executor or administrator wlio admits his re- 
 presentative character an 1 demand. l)ut pleads 
 jilnic (uhiiiiiUlnnil and d« es not prove it. lOii. 
 
 Against executor or administiator where i>U no 
 itdiiiiiiistriirit alleged and provnl, i07. 
 
 Against executor or administrator where deni;:iid 
 proved and defendant docs not prove adniinistit'^ 
 
 lion, 108. 
 Against executor or administrator where plaintiff 
 proves demand and defendant pr.ives admisistra- 
 
 tion, lOS. 
 Against executor or a<lminlstrator in ordinary c.-ises, 
 
 110. 
 Against executor or administrator where demand 
 
 denied, 111. 
 
 «5Wl>fe-#«Has 
 
 Si58!*=W**SSaS»f&SP»»^^ 
 
4i)0 
 
 1)1VISI(».\ LOUltTS ACT. 
 
 !'. i 
 
 .^VDG^]E'ST—Continl,r,l. 
 
 Against executor or iidministrator whero representa- 
 live character denied or rtdease pleaded, 112. 
 
 Against executor or administrator where assets wa.sted. 
 11.3. 
 
 Against garnishee on judgment already entered, 114. 
 
 Against garnishee where debt due by garnishee is pay- 
 able by instalments, 115. 
 
 Against primary deutor and garnishee, 11(1. 
 
 When garnishee has get up defence which he knew te 
 be untenable, 118. 
 
 In favor oi garnishee, primary debtor, or claimant. 111*. 
 
 Where prlniary creditor fails in recovery, or proving lor 
 claim, and proceedings have been continued as 
 between the primary debtor and the garnishee, 120. 
 
 In leplevin (see Replevin). 124. 
 
 In detinue (see Di tlntie). i2S. 129. 
 
 Order for payment of losis to cleiU under section '.o, 
 130. 
 
 Appeal against, to the High Court. 131. 
 
 Order to suspend, 101. 
 
 Transcripts of (see Transcript), ir.4. 
 
 In interpleader (see Interpleader), 1C9, 174. 
 
 Order for. under section 14(!. instead of granting nrw 
 trial, 179. 
 
 Entry in Procedure Book under such order, IsO. 
 
 Clerk's notices of delivery of. when postponed. 202. 
 
 Cross-judgment, notice of, applu.-ition tc set-otf, 223. 
 
 .ludgment thereon, 224. 
 
 Entry of. partial satisfaction on. in such c.as s, 220. 
 
 .TrD(;MENT DEBTOR (see CommitmentI - 
 
 Request of ere litor for release of. when arreit :d. 227. 
 Certificate of disc barge of jiarty from custody, 228. 
 
 t> "I , ■ 
 
 "I h!ii 
 
 .irRISDTCTION— Consent to give, In the nivision Court, 193. 
 Notice of objection to. in cases of counterclaim, 204. 
 
 JFRY— neniand of. tinder Master and Servant's and Tax on Oo- 
 Acts. 2r)0. 
 Notice by clerk of tiial by, 197. 
 (See Jurors). 
 
 ' ...ijiLiJHiiiMi 
 
CLASSIFIED INDKX OT lOllMs. 
 
 491 
 
 .K'RORS— Summons to, 57 
 
 Order for impositiun of lino for uou-ai: mlaiue nf, HI. 
 
 Pay list. of. 222. 
 Oaths to (see Oath^), 27. 
 
 Oaths to officer taking charge of (pre Oaths), 41 (/). 
 LANDLORD— Claim of, for rent under sectio'i 2iiit, W). 
 f^^^^-ng_Flo()ding of, particulars in action for, 1<;. 
 LEAVE TO DISPUTE CLAIM— Notice of, unih-r section 112, 19S. 
 LINE FENCES— Forms on app<'al undir Act respecting (see 
 
 Appeals), 244. 
 MAINTENANCE— Summons for, under ludusin;;! Schools Act, 
 
 251. 
 MARRIED WOMEN— Judgment against. 88. 
 
 Execution against. 157. 
 MASTER AND SERVANT-Execuiion on ai)ppal under Act re- 
 specting, 15(3. 
 Forms on appeal under Act rosiieciing (see Aiipcals), 
 
 247. 
 MEMORANDUM— To lie put on all sunimimHes, 51. 
 
 On summons in garnishee proceedings. 70-73 ('»). 
 iMlNUTES OF .IUD(JMENT-In Proceduro BmoU (see .Judgment), 
 70, 129. 
 In interpleader (set Interpleader). 1G9. 173. 
 instead of nousui; on apidication for new trial, ■T'J. 
 In cases of cross-judt^monts, 223. 224. 
 MONEY UNCLAIMED— Lisi <if. veriliod. 221. 
 MONEY— Payment of, into Caul (soe Payment into Court), 1115, 
 
 19G. 
 NAMES AND RESIDENCES OF PLAIXTIFFS-Demand of, 208. 
 Declaratit)n in reply. 2o!). 
 Noti::^ of application lnr, 2ift. 
 Order for. 211. 
 NEXT FRIEND— UnleriUi .g by. l'J4. 
 
 NEW TRIAL— Order for, 178. 
 
 Form of order tor judj-Miieni instead of. 17!). 
 Entry in I'rocedure Bi.ok in su(h <asis. 180. 
 
 Notice of, 197. 
 NFW PARTY-Order to continue proceedings for r.r against. 217, 
 
 NONSl IT— .Judgment of, 82. 
 
III 
 
 :!* 
 
 1111,1 
 
 I ! fl! 
 
 iff' 
 
 1 1 
 
 ii 
 
 492 
 
 DIVISION CUUUTS ACT. 
 
 NOTE— Particulars of claim on (see Promissory Note), 14 •/(). w j. 
 
 NOTICES OF DEFENCE— (Sec Defences), 19. 
 
 NOTICES— General form dt. in garnishee proceedings, 44. 
 
 And warnings to garnishee and pi-imary debtor, after 
 
 judgment, 70. 
 And Avarnings to garnishee and primary debtor, b.-fore 
 
 judgnu'nt, 72. 
 Of acceptance of money paid into Court, lyii. 
 Of sale by bailiff, 234. 
 General heading and conclusion of, 207. 
 Of application to examine sick, aged, or infirm 
 witness. 170. 
 Bv Ci.KRK— To plaintiff, of various defences. 195. 
 Of trial by jury, 197. 
 Of new trial, 197. 
 Of leave to defend, 198. 
 
 Of return of e.xeeution under section 218, 199. 
 Of proceedings being transferred, 100. 
 Clerk's notices to plaintiff, 195. 
 Clerk's notices to either party generally, 2i)l. 
 To parties of delivery of postponed judgnifnt, 202. 
 (See Clerk). 
 13 V pAijTiKs— Of defences (see Defences), 19. 
 Of set-off, 20 
 Of C(junterclaim, 21. 
 Of withdrawal of defence, 203. 
 
 Of objection to jurisdiction to try counterclaim, 2o4. 
 Of discontinuance, 205. 
 
 To clerk, of change in plaintiff's title or interest, before 
 judgment, 20(J. 
 
 OATHS (see Affidavits and Oaths), 22. 
 
 FdU.MS (IF. 40. 
 
 To witness who swears on Bible, 41 (^O- 
 
 To witness who swears by uplifted hand, 41 (I,). 
 
 To a Jew, 40 ((•). 
 
 To a Quaker, Mennonist. or Tunker, etc., 41 {i I). 
 Where witness oljjects to swear on religious grounds, 
 
 41 (f). 
 To an interpreter, 41 (/'). 
 To a jury called by parties, 41 (//). 
 To a jury ciljed i)y .Judge, 41 (//). 
 
CLASSIKIKD IN'1>KX (»F F')l!Ms. I'.KJ 
 
 OATHS— 'o"'''""'''' 
 
 To a tU'fendMiU on judgment sumu'.ons, 41 (/). 
 
 To (ifflcer conducting jury out nl' Court, 41 (,). 
 
 To officer when jury rciire to consider verdict, 41 '/,). 
 
 To a deponent or declarant Piaking :iiri<lavit, 41 (/). 
 
 To witness by arbitrator or nmiiire, 41 ((//). 
 
 Of appraisers in iittacluneni prociodiiigH, 1^32. 
 
 ORDER BOOK— Furm of, 9. 
 
 ORDERS (sec Sumnmnses)— Judge's attaching order iri garnishr-c 
 
 proct'edings, 73. 
 To suspend an order, judgment, or execution, UM. 
 For judgment without plaintiff's filing note sued on, 
 
 97. 
 Postponing execution or judgment under section 1 !7, 
 
 102. 
 For executor, etc., to revive a judgment, entry of, in 
 
 Procedure Book, 103. 
 Entry in Procedure Book thai judgnient against ex- 
 ecutor, etc., be revived, 104. 
 On party to pay clrrk's costs under section r,.", 130. 
 To examine sick, aged, or infirm witnes:s, 177. 
 For new trial, 17S. 
 For judgment which ought to have been given on 
 
 trial, under section 14i), 17!t. 
 Entry of, in Procedure Book in such casi s, 180. 
 Of reference, 181. 
 
 Of reference containing special clauses, 185. 
 General headings and conclusions of, n07. 
 For statement of names, etc., of plaintiff's firm, 208. 
 Changing pl-i<>e of trial, 210. 
 To continue proceedings for or against a new part.^ . 
 
 217. 
 To proceed after death of plaintiff after judgment, 218. 
 To proceed .after change of interest of plaintiff cr 
 
 defendant. 219. 
 To set off cross-judgments under section 213, 224. 
 Entry of partial satisfaction thereon, 220. 
 For maintenance under Industrial Schools Act. 252. 
 
 uii—m ] M l ] i . i ii. 
 
494 
 
 DIVISION COUI'.TS ACT. 
 
 ita \ ' 
 
 in 
 
 PARTlCrLAHS OF CLALM— In replevin, 03. 
 
 In interpU'adtr, I'lS. 
 
 In contract, 14. 
 
 On a guarantee, 14 (n). 
 
 On a proniissoiy note. 14 |//). 
 
 On bills (if exchange. 14 ((/), («)• 
 
 On a bond, 14 (/). 
 
 On a covenant, 14 (.'/). 
 
 In actions of tort, 10. 
 
 In detinue, 1.5 ('/). 
 
 For damages for flooding land, IG. 
 
 .Vgainst chMk or liaiiiff and his siirctifs, IS. 
 
 In case nf a suit enter('<l in Court nearest defendant's 
 residence, 10. 
 PARTICULARS OF DEFENCE (see Defences), 19. 
 
 Of set-off (sec Set-off). 20. 
 
 Of counterclaim (see Counterclaim), 21. 
 
 PARTIEIS — Order to continue proceedings for or agaliiot a new 
 party, 217. • 
 
 Order to proceed after de;iih of plaintiff nfter judg- 
 ment. 2!S. 
 
 Order to prdceel after change of interest after jui.g- 
 ment, 219. 
 
 Notice to clerk of ch;inge of interest before judgmeat, 
 
 PAY LIST- Of jurors, 222. 
 
 PAYMENT INTO COURT— Acceptance of money paid in, 19t;. 
 
 Notice by clerk to plaintiff of plea of, and of tender, lOr;. 
 
 PERISHABLE PROPERTY— Bond of, sale of in attachment, 1S8. 
 
 PLACE OF TRIAL— Notices on all summonses as to (diange of. 4S, 
 
 Summons Inr change of, 215. 
 
 Order thereon, 21G. 
 
 Afl^davit for change of, 42. 
 
 IROCEDURE BOOK— Form of. No. 4. 
 
 Entry in on Judge's order under section 146, 179. 
 
 Minutes of judgment in (see Jtidgment), 125-136. 
 
 Entry of p.-irtial satisfaction on setting off cross-judg- 
 ments. 176. 
 
 Entry of order for judgment on application for new 
 trial, 180. 
 
 . 
 
CLASSIFIED INDEX OF FOlJ.MS. 
 
 495 
 
 w 
 
 PROCESS BOOK— Bailiff's, 11. 
 
 BROMlSdSOHY NO'l E— Paiticulais of chiim un. U < M. 
 
 Order for judgment wiiliout plaintiff 'ilin;^-, Oi- 
 POSTPONED JUDGMEXT-Eutry uf, wlien oxoculion iioaiuoii.-d 
 by ciinseni beyond titiy diiys, HH). 
 
 Clerk's noticr of delivery of, Ull. 
 POSTPONING EXECL'TIOX-Ord.r for. under .section 147, V>2. 
 
 REFERENCE -Order of, ISl. 
 
 Appoininieat of tliird arbitrator. 182. 
 
 Appointment of meeiing on, 183. 
 
 Enlargement to be endorsed, lS-1. 
 
 Order of, containing special chuu.o?. IS.j. 
 
 (See Arbitration.) 
 RENT— Claim of, under section -C9, ICt;. 
 
 Return when levied by bailiff, 238. 
 
 Judgment lor defendant in replevin for, 127. 
 
 REPLEVIN— Memo, to be nut on summons, .jl. 
 ■ Affidavit for order fur. (Jl. 
 Claim in, G3. 
 Summons in. 64. 
 WarninK in, G4. 
 Bond in. Go. 
 Assignment of, G6. 
 15ailiff's return to writ, 67. 
 Inventory of goods replevii'd, 68. 
 Writ in reprisal (capias in withernam), Gt;. 
 Judgment in, 124. 
 
 in favor of plaintiff, 124. 
 
 in favor of defendant for rent, 125. 
 
 in favor of defendant in replevin of cittle. damage 
 
 feasant, 12G. 
 in iavor of defendant when not for rent or damiige 
 feasant. 127. 
 Executions in (see Execution), 142. 
 
 RESIDENCES-Of plaintiff's firm, demand of names, etc., of, 20S. 
 Declaration in reply, 209. 
 Notice of anplication for, 210. 
 Order for, ?11. 
 
 . 
 
 I 
 
 isit^iiigiasiiilPi^^^^ 
 
1 96 
 
 DIVISION CoriiTS ACT. 
 
 RESTORATION OF GOODS— Bond on, in attachment proceed- 
 ings, 187. 
 
 Rprn-RN Of bailiff to writ of replevin, G7. 
 By .Tugilf to oortiorari, 220. 
 
 Hy bailiff to clerk, to be made at ejich Court. 239. 
 By bailiff to e- ccutions (see Execution) 235. 
 REVIVAL OF JUDGMENT— AfFidavits for, GC, ,17. .IS. 
 SALE OF GOODS— Notice of, by bailiff, 234. 
 SATISFACTION— Entry of, where cross-judgments sit off, 220. 
 SCHOOLS— Act respecting Industrial— proceedings for main- 
 tenance under, 2r)1. 
 
 SECURITY FOR COSTS— Bond fur, when plaintiff out of On- 
 tario, 1S9. 
 
 SERVICE— Of summons, afTidavii of, 2.S. 
 
 Of summon.^, affidavit of, on absconding debtor, 29. 
 SET-OFF— Notice of. 20. 
 
 Judgment on, where part satisfied, .s"). 
 
 Judgment for balance of. SO. 
 
 Execution fur balance of, 133. 
 
 SICK, AGED, OR INFIRM WITNESS-Notice ..f application to 
 examine, 17G. 
 Order for examination of. 177. 
 SPEEDY JUDGMENT- Under the lllth section, 79. 
 STYLE OF CAUSE— In affidavits and other documents (see 
 
 Headings and Conclusions), 22, 44, 207. 
 SUBPCENA (see Witnesses)— To witnesses, 58, 59. 
 SUGGESTION— Of devastavit in action against executor, 53. 
 
 SUMMONSES— For maintenance under Indust.ial Schcols Act, 
 25L 
 To change pl;ice of trial, 215. 
 General form of. 45. 
 Special, 47. 
 
 Notices ami warnings on, 47. 48, 49. 
 Memo. on. in actions of tort, 51. 
 Ordinary, 49. 
 
 Notice to be endorsed as to change of place of trial. 52. 
 Warning where suit brought for beneficial plaintiff, 52. 
 To executor, etc., when allegation that assets have 
 come into his hands since judgment, 53. 
 
 L 
 
CLASSIirEl) INDEX <)V F()I!MS. 
 
 m 
 
 eed- 
 
 un- 
 
 On- 
 
 [). 
 
 to 
 
 see 
 
 ict, 
 
 r.2. 
 .'2. 
 ive 
 
 L 
 
 SUMMONSES— Co«(/)n(.'«/. 
 
 To defendant after judgment, 54. 
 
 To defendant after dcfiiult, 55. 
 
 In suit by clerk for fees under section 55. 5fi. 
 
 To jurors, 57. 
 
 To witnesses. 58. 
 
 To witnesses on arbitration, 59. 
 
 In replevin, 64. 
 
 To garnishee and primary debtor, iifter judgment, 70. 
 
 Notices and warnings on, 70. 
 
 To primary debtor before judgment (and garnishee), 72. 
 
 Warnings thereon. 72. 
 
 Under section 197. where third party claims money 
 
 garnished, 134. 
 In interpleader, 107. 
 
 SUPERSEDEAS— Bond on, to warrant of attachment, 187. 
 
 SURETIES— Particulars in actions against, 18. 
 
 SUSPENSION— Of order, judgment or execution, order for, 101. 
 
 TARIFF— Of clerk's fees. Form 1. 
 Of bailiff's fees, Form 2. 
 Of appraiser's fees, Form 3. 
 Of witness fees. Form 3. 
 
 TORT — Particulars in actions of. 15. 
 
 Memo, on summons in actions of, 51. 
 
 TENDER— Notice of plea of, and of payment into Court, to be 
 
 given by clerk, 195. 
 TRANSFERRING PROCEEDINGS— Notice of, under section 87, 
 
 200. 
 
 TRANSCRIFr— Affidavit for further proceedings after. 39. 
 Execution on, 138. 
 To another Division Court of judgment on special 
 
 summons, 164. 
 To County Court of judgment on special summons, 164. 
 Of judgment on ordinary summons from one division 
 to another, 164 ih). 
 UNCLAIMED MONEY— List of verified, 221. 
 UNDERTAKING— By next friend. 194. 
 
 D.C.A. — 32 , ^ 
 
4<)8 
 
 DIVISION' Cor UTS ACT. 
 
 VENTE (see Change of I'l.-ico of TiiaU— Atlldnvit to chanso, t2, 
 Noiic'c on suinmousca as to, 4S. 
 Summons for chaiuiso of, 215. 
 Oi'tlor thereon, 2 hi. 
 
 WARNINGS— On siimninnf-cs (set' Siimnidnses), 47, 50. 
 On Snmmoni^rs in replevin, (H. 
 On summonses in garnishee prncei dinj^a, 7-. 
 
 WARRANTS — Of executinn where one of si'ver.-il plaintilfs luis 
 died after judgment and before executio?!. 1 :>:'.. 
 
 To levy fine against witnesses (see \Vitn;':<s), loS. ITiO. 
 
 Of commitment on judgment summons, on default nf 
 appearance, 1(!2. 
 
 Of commitment after examination, Ui2 ((/). 
 
 Of commitment for contempt, lilB. 
 
 (See Commitment.) 
 
 WITHDRAWAL OF DEFENCE— Notice of. 20n. 
 WITHERNAM— Writ of capias in (see Replevin). CO. 
 WITNESS FEES— Tariff of. ,3. 
 
 WITNESSES— Adid.-ivit (d" disbursements to, 10. 
 
 Summonses to, 58, 59. ' 
 
 War.ant to levy fine against, on refusal to give evi- 
 dence, 158. 
 
 The same nn refusal to be swern, 15!t. 
 
 The same for disobedienc(> to subpoMia, 100. 
 
 Notice of applicatinn (o examine when sick, aged, or 
 infirm, 17:i. 
 
 Order for same, 177. 
 WRITS (see Summonses)— Of rei)levin, (i5. 
 
 Of withern.'im. '"n rcT)levin. 09. 
 
 
J 2. 
 
 GENKKAL INDFA. 
 
 lias 
 
 t nf 
 
 ' : 
 
 PVl- 
 
 1, or 
 
 ABANDON IXa P:XCESS. '.)•!. 
 
 VA'U'(\ of Ji'.djrmont tlKMPon, !1i). 
 
 ABSCONDING DEBTORS, 94. 
 
 What constitutes iiu ahsprndiiiK dobtnr, 91, \i'i. 
 I'lion pioductinr of airiilavit wairunt. to issue. 'J'>. 
 Claim must not be less than $4, 94, 95. 
 Where .lustico of the Peace may i?sue wanant, 95. 
 Duty of bailiff upon receipt of, 95. 
 
 Proceedings to he continued in Court in whidi attach- 
 ment issued, 9(), 
 Proceedings cdmmcnccd before attaclnnent, 9ti. 
 If several .ittachments issued, 'Jti. 
 Pr0'>-?eds. how distributed, 90, 97. 
 If insufficient, what is required, 97. 
 Custody of goods seized, 97. 
 
 On what terms goeds attached may l)e restored, 97, 98. 
 If delitor does not appear, 98. 
 Where summons has been personally served, 98. 
 Trial to proceed as if w:irrant hi\d nnt issued. 98. 
 Proceedings where priicess not previously served, 98. 
 
 If creditor had not r.'a.-onable or probabU craise for 
 l)roceedings, 98. 
 
 Perishable goods, 99. 
 
 'I'o be appraised, 99. 
 
 Perishable goods to be sold by bailiff. 99. 
 
 Notice of Siile, 99. 
 
 Applicatiim of procet'ds of, 99. 
 
 Bailiff to take bend '"rom creditors, 99. 
 
 Condition of bond. 99. 
 
 Bond may be sued, 99. 
 
 Judge to deliver up b( nd, 99, 100. "*< 
 
 Penalty in bond may exceed $100. 100. 
 
 i 
 
 r-^iitj^aga^g sa ii aaiii^ P^ 
 
500 
 
 GEXEHAL 1NI>I:\. 
 
 I 
 
 
 1, 
 
 1 
 
 ^3B 
 
 
 ABSENCE— Leave of. 115. 
 
 ACCOUNT— Of nionoys received nnd pnld in ho furnished lo 
 .Iiidge, 110. 
 
 ACT— The. 1. 
 
 Short title. 1. 
 Observations on. llu. 
 As to miuiberlng sections of, 115. 
 Rt'latinK to Division Courts (tilst V. c. 15), 271-273. 
 '!'(» provide for garnislinient of salaries of civil servants 
 ((!1 V. c. 7). 
 ACTIONS— Not exceeding $10— fees therein, 26, 27. 
 In which the Court has no Jurisdiclion, 3o. 
 Gambling debt, 30. 
 
 Spirituous or malt liquors druni; In tavern, 30. 
 Note of hand given for gambling debt or liquors, 30. 
 For recovery of land, 30. 
 In which the right or title to, or to t(dl, custom or 
 
 franchise comes in question. 30. 
 In which the validity of any devise or bequest in a will 
 
 or settlement is disputed, 30. 
 For malicious prosecution, libel, slander, criminal con- 
 versation, seduction, breach of promise of mar- 
 riage, 31. 
 Against a .Justice of the Peace, as such, 31. 
 Where the Court has jurisdiction, 31. 
 All personal, where amount does not exceed' ?60, 31 (a). 
 Where parties consent and amount does .lOt exceed 
 
 $100, 31 (h). 
 Claims for debt, breach of contract, covenant, account 
 
 or money denmnd, not exceeding $100, 31 (c). 
 All debts where balance claimed does not exceed $100, 
 
 31 00. 
 Where the amount of balance does not exceed $200, 
 where amount is ascertained by signature of 
 defendant, 31 (</). 
 Interest not to be included, 31. 
 Causes of, 32. 
 
 Causes of must not be divided, 35, 96. 
 Where a sum for principal and a sum for interest due 
 
 to the same person, 35. 
 Brought for balance of account, judgment in full dis- 
 charge, 35. 
 
fiHNEll. L INKKX. 
 
 501 
 
 or 
 
 ACTIONS— Co»i<(;ii«'(/. 
 
 Transfer of, 35. 
 
 When eausea of may be moved Into High Court, :'..'•, 36. 
 Court when- tried to have fuil uower, 30. 
 Division in wliich to hv entered, 36. 
 May be brought in Court nearest to defendant's resi- 
 dence, 3G. 
 When may be brought in other than the reguliir divi- 
 sion, 37. 
 When defendant resides out of Province, 37. 
 Where defendant is a corporation, 38. 
 Where money made payable out of Province, 38. 
 Where amount exci'cds $100, and is made payuole at 
 
 any place in the Province, 38. 
 Application for order must be by affldavit, 39. 
 When entered in wrong Court, 40. 
 Against County Judge, 41. 
 Against Junior Judgo, 41. 
 Against stipendiary magistrate, 41. 
 On promissory note, 42, 43. 
 Order of, on list for trial, 52. 
 Discharge of, defendant in original cause must have the 
 
 consent of plaintiff, or of the Judge, 88. 
 May abandon excess, 9G. 
 Against bailiff and sureties, 105. 
 Issuing execution against. 105. 
 Against clerk and bailiff, 107. 
 [limitation of. 108. 
 Notice of and of cause of, 108. 
 Defendant may tender amends and plead the general 
 
 Issue, 108. ■ 
 
 When brought in any Court of record, in respect of 
 
 grievances committed by clerk or bailiff, 108. 
 Plaintiff not to have costs where verdict not over $10, 
 
 108. 
 Unless Judge certifies, 108. 
 Actions barred, 118. 
 When brought against clerk or bailiff damages should 
 
 be proved, 120. 
 Discontinuance of, 127. 
 
 ADDING INTEREST— Clerks should be careful to, 133. 
 
502 
 
 (ii:Ni:itAL INDLX. 
 
 iir 
 
 ADDING PARTIES. W. 
 
 Jii(1k<' may oidor on upplicalion, 40. 
 
 As iiarty dclt'iulaiU, piiiiiiuy dfbtor or ^jaruiHlu e, It!. 
 
 Persons so added shall he scrvefj, •Hi, 4V. 
 
 Partners as defendants, 17, 48. 
 ADVKRSE CLAIMS- In garnishee proet ediiiKs, 78. 
 
 ADJOniNMEN'I'-Of Curt hy el.'iU, Ki. 
 
 Hearing of eause may Ix- adjourned, .*)2, .^3. 
 
 No order of adjournment need he served, IL'C. 
 AFFIDAVl'i'— Of scrviee of summons on non-resideut, 38, 
 
 Of applicant for order to change |)laee of trial, 39. 
 
 Of service of summons to he i)repaied by vWvk, 4'). 
 
 May he sworn l;efore Judge, or clerk, or deputy clerk 
 or noiary, .'.D. 
 
 Required in taking confession of del)i, si, 
 
 Refjuii'ed l^'fnre issue of judgment summons, !tt>. 
 
 Must !)(> prepared by clerk to entitle him to lee, iL'il. 
 
 AGENT OR ADVOCATE—Any jierson may appear as on trial, 53. 
 
 .ludge may prevent any i:ers(!n aiipc'aring as, r,:;. 
 "AGENT" OF LANDLORD. lUO. 
 " AGENT "—Interpretation of, 44. 
 AGENT OF CORPORATION, 44. 
 
 Service of summons on, 44. 
 ALGOMA— Limits of divisions, 1^79, 280. 
 
 Numbers of Courts, 271), 280. 
 
 Post ofTices nf clerks, 279, 280. 
 ALTERING NUMBERS AND LIMITS OF DIVISIONS, 17. 
 
 Public notice of, a pre-requisite, 7. 
 
 Con*inuation of proeeedlngs win ii divisions altered, 10. 
 AMENDMENT— Of Rules, 134. 14.->. 147, 1 til -128. 
 
 APPEAL— Parties may agree not to, 52. 
 By agreement in writing, ■")2. 
 To High Court, Gl. 
 When amount exceeds $100, 61. 
 In interpleader. CI. 
 
 Or where damages claimed exceed $<!0, (il. 
 Or against bailiff where damages exceed $t!0. Gl. 
 In assessment made liv Mutual insur;ince Co.. 61. 
 Notwithstanding sum h'ss than $100, 61. 
 
 iHl 
 
 1 
 
 Mlg 
 
(IKNKIIAI. INKtX. 
 
 CO:J 
 
 It;. 
 
 lerk 
 
 1, 53. 
 
 I, 10. 
 
 ITovlBions of Hcc-llons ir.l ivnd K>!' t" hpdIv, CI. 
 
 Nanu' of iH'isnii to l..' iHt will, .hulgc upon whom 
 
 iKitUo of apitciil s-orv.'il. tM. t;2. 
 Sci'vi.c of |.iu. 'I's in nisr of failm.' to lo,.vo num.". "2. 
 (',.rtin<'<l <o|)i.'s nf (lo.iun.'Uls to hv fufnlshod by vhvU, 
 
 O:!. 
 I'rofodtiif tu.ioii. •!-. 'i-'' 
 UvH fiotii cither Iho maniiii!,' or n'lus.il of mnv trial. 
 
 r.'.(i. 
 
 AI>l»LlC.vriON-lMir srnlH. 3. 
 
 Kr)r Older io chaii.u'' lilacr of trial. :V.i. 
 
 AIM'OINTMEN r OF INSl'ECrOR. 28. 
 
 APPRAISERS. 2:>. 'Jt;. 
 
 ARlU'l-RA'l'ION, T!i. U-d. 
 
 Referenrc lu, l)y ardor of .ludgr. T'.t. SO. 
 
 Whon revo( aide. S»>. 
 
 Award IO lie cntfi'cd as .itidgincnt. SO. 
 
 •ludgo may sol aside award, so. 
 Arbitrauus may admlriiHli'i- oalh. SO. 
 
 AT rAnilXG ORDER IN GARNISHEE PROCEEDINGS. 71. 
 
 Servioc tlioroof to hind dolus. 71. 
 Application to disohargo fiom, 77. 
 ATTACHMENT- Not to ho oxeoutod otit ol' limits of onnnty. 83. 
 Of goods of ahsoondin.c dobtor. 
 Against goods of absconding dohti.r. n, 9(1. 
 Property attaoho.l may be sold under oxootitioii, 00. 
 If several attachments issued, W. 
 Custodv of goods seized under. S>7. 
 When County Constable shall hand ovr to bailiff of 
 
 the Court. 97. 
 On what lerms goods attached may b.' restored, 97. 
 Perishable goods taken upon. 99. 
 To be appraised. 99. 
 ATTACHMENT-Of salaries of Civil Servants. 27-1 (0! V. c. 7), 
 
 275-8. 
 The Act respecting. 275-278. 
 
 A\VARD--Of arbitrators to be entered as a iudsmont. 80. 
 Judge may set aside, 80. 
 
 
504 
 
 OEXEKAL INDEX. 
 
 BAILIFF— Every Court siiall have a bailiff, 13. 
 
 Appointment, 13. 
 
 Judge may remove bailiff appointed by a Judge, 13. 
 , Where temporarily unahlo to perform duties, 14. 
 
 . ' Leave of absence, 14, 15, 115. 
 
 May appoint deputy, 14, 15. 
 
 To give security, 15. 
 
 Renewal receipt must be filed with Clerk of the Peace 
 
 Hi. 
 Fee therefor, 16. 
 
 To notify inspector of new sureties, 16. 
 Covenant of available to be sued, 16. 
 To serve all summonses, 23. 
 To execute warrants and writs, 23. 
 Not required to travel beyond limits of division, 23. 
 Subject to section 82, 23. 
 
 Should make return immediately after service of sum- 
 mons, 23. 
 
 Not entitled to fee unless return be made within six 
 days after service, 24. 
 
 May sue and be sued in adjoining division, 40, 41. 
 
 Proceedings commenced before appointment' may be 
 continued in same Court, 41. 
 
 Where summons has not been served should he re- 
 turned, with reasons for non-service, 24. 
 
 If unable to sell, 24. 
 
 Subsequent return, "property on hand," 24. 
 
 All money realized to be returned to clerk, 24. 
 
 Clerk to pay bailiffs fees after taxation, 24. 
 
 Failure to pay over money subjects baiiff to loss of 
 office, 24. 
 
 Should endorse day and hour received jn execution, 24. 
 Statement of charges should be given with return, 24. 
 Similar statement to be given in making return of writ 
 
 of replevin, 24. 
 To cercise duty of constable, 25. 
 To be paid by fees, 25. 
 Fees of, to be paid to clerk at the time execution issues, 
 
 27, 28, 134. 
 Fees forfeited for neglect, 28. 
 Not to collect on commission, 28. 
 To inform inspector of appointment, 29. 
 
GENEUAL INDEX. 
 
 305 
 
 loe. 
 
 m- 
 
 six 
 
 be 
 
 re- 
 
 of 
 24. 
 lit 
 
 ;s, 
 
 89. 
 
 13 AIL r F— Co;Ui)nu'(?. 
 
 To give inspector names and addresses of sureties, 29. 
 
 'i'o inform liim as to new sureties, 29. 
 
 To produce to him certificate of clerl< of the peace of 
 
 filing covenant, 30. 
 May be sued in Court in adjoining county, 41. 
 Proceedings for enforcing may be talven in Court to 
 
 which transcript sent, 41. 
 Where no bailiff, 45. 
 Duties of and Hability of sureties, 45. 
 May seize and sell where Judge certifies partner- 
 ship, 46. 
 May take confession of debt, 80. 
 Affidavit required, 81. 
 
 What may be seized by him under execution, 88. 
 May sue on cheques, bills of exchange, etc., seized, 88. 
 Duty of, after seizure of goods, 88, 89. 
 To give notice of sale, 88, 89. 
 Not to purchase goods at sale, 89. 
 Right to fees where action settled, 89. 
 Where defendant makes an assignment, 
 On death, resignation or removal of proceedings may 
 
 be continued by his successor, 89, 90. 
 Duty of, upon receipt of attachment against goods of 
 
 absconding debtor, 95. 
 To sell perishable goods, 99. 
 And take bond from creditors, 99. 
 Conditions in bond, 99. 
 Application of proceeds, 99. 
 Penalty in bond may exceed $100, 100. 
 Shall distrain for rent and costs as well as levy for 
 
 amount of claim, lti3. 
 Fees of, in such cases, 103. 
 Interfering with, 104. 
 Misconduct of, 104, 105. 
 Neglect of duty of, 105. 
 BaililT and sureties liable for, 105. 
 Execution against, 105. 106. 
 
 No action to be brought against, for acting under war- 
 rant, 107. 
 Entitled to verdict on production of, 107. 
 Actions against, in Court of Record, 108. 
 
GENEltAL INDEX. 
 
 BMLIFF—Contihued. 
 
 Liability of clerks and sureties for bailiff's fees, 117. 
 Not eligible to be elected municipal councillor, 118. 
 Forfeiture of fees by. 110. 
 In nctions against, for noglect, damages should be 
 
 proved, 120. 
 Words for liini as to his duties, 129. 
 Fees of. as per tariff, 132, i:33. 
 Assistant of, caanot enforce wari'ant, 133. 
 ^Vliere a second execution is received by, while goods 
 
 under seizure, 133. 
 As to mileage in certain cases, 133. 
 As to attendance at Clerk's office. 134. 
 Duty of. when service required out of division, lo.j. 
 
 BALANCE — Rule as lo costs where plaintiff piocceds for, .^4. 
 
 BOARD OF COUNTY JUDGES, 110. 
 
 Their authority to fitimc rules, etc.. 110. 
 
 Lieutenant-Governo.' may appoint, 110. 
 
 May make rules respecting clerks mid l)ailiffs, 110. 
 
 May ap'.cnd rules, 110, 11 1. 
 
 Inspector to be a member. 111. 
 
 To certify rules and foinis to ihc liigh Cnurt. 111. 
 
 'i'o transmit copies to the Lieutenant-Governor, 111. 
 
 Rules and forms framed by, to have the- force of a 
 
 statute when api)rovcd, HI. 
 Expenses of. how pruvidi d, 111. 
 
 BOND— For sale of perishable goods. 'J'J. 
 
 May be sued. !i9. 
 
 Penalty of. may exceed $100. 100. 
 
 Judge may deliver up. to be cancelled, 100. 
 BONDS— Required to be registered with proper officer, 20. 
 
 Of primary crcditnr shall be to clerk. 78. 
 
 May be seized and sued on by bailiff, 88. 
 
 Bond for sale of perishable goods, 99. 
 BOOKS— To be paid for by the County when fees and emoluments 
 less than $.500, 21. 
 
 Upjn death or removal, to become the propi r:y of 
 County Crown Attorney, 22. 
 
 To be delivered liy him to successor of clerk or biiliff 
 when appointed, 22. 
 
 Punishment of persons wrongfully holding, 22, 23. 
 
 ilMli 
 
(ii:XEU.\i. iN-ni'X. 
 
 507 
 
 7. 
 
 be 
 
 ods 
 
 f ;i 
 
 Us 
 of 
 iff 
 
 
 BOOKS— Coil' i I lie I 
 
 Entries in. to bo ivceivecl in evidence, 17. 
 
 When supplitMl i>y County, llC 
 
 Wlien supplit'd by Government. UC 
 
 Wrunglul possession of, IIG, 11". 
 BILLS-Of exchange n.ay b. seized and siuul on by baHiff. 88. 
 
 BRANT— County of— 
 
 Limits of divisions, 280. 
 Numbers of Courts, 280. 
 Post offices of clerlvs, 280. 
 
 BRUCE— County of — 
 
 Limits of divisions, 281. 
 Numbers of Courts, 281. 
 Post offic. s of clerlvs, 281. 
 
 CARLE'iON— County of— 
 
 Limits of divisions, 282, 283. 
 
 Numbers of Courts, 282, 283. 
 
 Post omcfs of clerlvS, 282, 283. 
 CASH-BOOK— Cltrk to malve entries in, 25. 
 CAUSES OF ACTION-Must n.t be divided, 35, UG. 
 
 Combining causes of MCtion, 32. 
 CER'l^IFICA'1-E-Of Clerk of the P.ace of filing covenant, 30. 
 
 Of filing covenant, 30. 
 With transcript, 83, 84. 
 CERTIFIED COPIES-Fee for furnishing, 12G. 
 CER'ITORARI-Whrn causes may be removed by, 3G. 
 
 CHALLENGE— Of jury, 6G. 
 
 CHEQUES-Clerk accepting on private bank and giving receipt 
 liable, if bank fails, 88. 
 M.i\ be seized and sued on by bailiff, 88. 
 CITY TREASURER-Duty of. as to jury fund, G9. 
 CIVIL SERVANTS-Garnishment of salaries of, 78, 275-277. 
 
 CLAIM— Entry of, 42. 
 
 Plaintiff shall furnish copies of, 43. 
 
 Clerk sha.ll annox to stmimons and furnish copies to 
 
 be served, 43. 
 The fee for copy cf claim, 125. 
 Adverse claims in garnishee proceedings, 78. 
 Of landlord. 100. 
 
508 
 
 (iENEMAL IN HEX. 
 
 CLA.l'M—CoHtinuiil. 
 
 Claims of landlord to goods seized, how to be ;id- 
 
 justed, 100. 
 Duty of olcrk to issue sujiimons, 100. 
 May be stayed, 100. 
 
 Party bringing action may be made to pay costs, 101. 
 County Judge to adjudicate upon, 101. 
 And between the parties and the officer or bailiff, 101. 
 And may grant a new trial, 101. 
 If more than one writ against the propi'rty claimed, 
 
 duty of bailiff on making application, 101. 
 Power of Judge to award damages, 101, 102. 
 Right of parties and of bailiff to defence and counter- 
 claim, 102. 
 Claim for rent, 102. 
 Notice of, 102. 
 Bailiff shall distrain for rent and costs as well as levy 
 
 for amount of claim, 103. 
 If replevin made, 103. 
 
 When landlord's claim for rent to be first paid, 103. 
 CLERK— Place of office, 5, 115. 
 
 When clerk or deputy may adjourn Court, 13. 
 Every Court shall have a clerk and bailiff, 13. 
 Shall not practice as a barrister or solicitor, 13. 
 Judge may remove clerk appointed by a Judge, 13. 
 Lieutenant-Governor, upon report of inspector, may 
 
 dismiss any clerk or bailiff, 13. 
 Judge may, for cause, suspend, 14. 
 Leave of absence, 14. 
 May app(»int deputy, 14, 15. 
 To give security, 15. 
 
 Must be filed before entering upon duties, 15. 
 Renewal receipt to be filed with Clerk of the Peace, IG. 
 Fee therefor, IG. 
 
 Inspector to be notified of new sureties, 16. 
 Forfeit office in case new surety not given. 17. 
 If not completed within a month Judge shall suspend. 
 
 To issue summonses, 20. , 
 
 To furnish copies for service, 20. 
 To lie noted and entered. 20, 21. 
 Returns, 20, 21. 
 
GENERAL INDEX. 
 
 509 
 
 1. 
 
 CLi:B.li— Continual. , , ,, 
 
 To sign his name on each page of procedure boolc, -I. 
 To liei'P procedure boolv and foreign p. b., 21. 
 To issue executions, writs, warrants, etc., 21. 
 To tax costs, 21. 
 To Iteep an Mccount of fines, 21. 
 To lieep an account of suitors' moneys, 21. 
 Eoolv in wliich kept shall be open to all, 21. 
 To be at iill times accessible to Judg<> and inspector, 21. 
 To deliver to County Crown Attorney verified atoaunt 
 
 of fines, 21. 
 Shiill furnish when required by Judge verified account 
 
 of moneys received and paid out of Court, 22. 
 Shall make out annually correct list of unclaimed 
 
 moneys, 22. 
 Copy list to be put up in ChTk's office, 22. 
 Duty of, where summons not served in time to make 
 
 notice of sittings available, 25. 
 To be paid by fees, 25. 
 To pay over forfeited fees of bailiff to County Crown 
 
 Attorney, 28. 
 Not to collect on commission, 28. 
 To inform inspector of appointment, 29. 
 To give inspector names and addresses of sureties, 29. 
 To inform him as to new sureties, 29. 
 To produce to him certificate of Clerk of the Peace of 
 
 filing covenant, 30. 
 To make annual return of business, 30. 
 Also of emoluments, 30. 
 
 May sue and be sued in adjoining division, 40, 41. 
 Proceedings commenced before appointment may be 
 
 continued in same Court, 41. 
 May be sued in Court in adjoining county, 41. 
 Proceedings for enforcing may be taken in Court to 
 
 which transcript sent, 41. 
 Shall forward summons for service in other divisions, 
 
 42. 
 Shall receive and enter and hand to bailiff summons 
 
 from another division, 42. 
 Shall annex copy of claim to summons and furnish 
 
 copies to proper person to serve, ^3. 
 Shall prepare affidavit of service of summons, 45. 
 
510 
 
 (;ENEU.\L INDEX. 
 
 CLEIiK—Coiiiiniinl. 
 
 Duty of, in placing suits <in list for tri;il, 51. 
 
 To give noticp of payment of money into Court by 
 
 defendant, iJ4. 
 'I'o I'lirnish Cfriined copies of documents in appeal, G2. 
 Hond of primary creditor shall bo to, 78. 
 Shall keep debt att;tchment hook, 79. 
 May ti.ke cdufcssion of debt, SO. 
 'i'o prej)are transcript, S3. 
 'I'o enter judgment for unpaid balance on execution 
 
 returned by sheriff, 85. 
 'i'o give notice to plaintiff of return of nulla bona, 85. 
 To make return of number of judgment debtors and 
 
 number of committals, iJ4. 
 l)\ity of, when idaim made by landlurd, 100. 
 Misconduct of, 104, 105. 
 Actions against, and bailiff, 107. 
 Action against in Court of record, 108. 
 To pay over fines to County Crown Attorney, 109. 
 To mail notice of money paid into Court, 109. 
 To pay money unclaimed tit County Crown Att(U-ney, 
 
 109. 
 
 'i'o furnish .rudgo with accdunt of moneyt-: received and 
 paid, IIG. 
 
 Giving credit for fees, 117. 
 
 Fees duo by, to bailiff, 117. 
 
 May be elecltd municipal cutincillors, 117, 118. 
 
 Result if elected Warden, 117, 118. 
 
 Dtity of, when money payable by instalments, 119. 
 
 Duty of, in correspondence with inspector's depart- 
 ment, 120. 
 
 In .ictions against, for neglect, damages should ho 
 proved, 120. 
 
 Not bound to pay witness fees out of moneys received 
 for costs, 122. 
 
 Fees of, wh«re case put on .ludgo's list and settled be- 
 fore b;'ing called, 125. 
 
 Must prepare affidavit to entitle him to fee, 126. 
 
 Should niak(> use of order book, 128. 
 
 To determine the number of witnesses to be allowed, 
 129. 
 
(iliXEUAL INDEX. 
 
 511 
 
 by 
 
 oil 
 
 11(1 
 
 y, 
 
 IKI 
 
 rt- 
 
 e.l 
 
 le- 
 
 (i, 
 
 ChV^Rli—Co'it ill lied. 
 
 To see that builirf is vigilant in the ,,i rtoniu.n.e ot 
 
 his duties, 1-9. 
 Fees of. as iier tariff, 129. 130, 131, 132. 
 CLERKS-Should be careful to add interest, 133. 
 
 Paynii'iit to, will amouiil to iiaynient into Court, 130. 
 CLERK OF MUNICIPALITY— To furnish list of jurors, 05. 
 
 Proceedings against, for refusal, t!0. 
 CLERK OF THE PEACE-To record time and place ot hol.ling 
 Court, 7. 
 To record alterations, 7. 
 To transmit to insiiPctur record, 7. 
 COMMISSION— To lake evidence, 57, 134. 
 Power to issue, 57. 
 Reriuirements before grantiu':;, 57. 
 Rules made applicable to, oS. 
 Return of, 58. 
 Costs of. 58. 
 COA^MITTAL— Of judgment debtor, 91, 92. 
 Warrant of commit inent, 92, 93. 
 COMPLAINTS— Against officers, 120. 
 
 Some causes of, enumerated, 120. 
 
 Necessary information to be forwarded inspector by 
 Complainants, 120. 
 CONCURRENT SUMMONS— 125. 
 CONFESSION OF DEBT— 80, 123. 
 
 Clerks and bailiffs may take, 80. 
 Affidavit required, 81. 
 Fees on, 126. 
 CONSENT— Trial may be disposed of in any Division Court 
 
 by, 42. 
 CONTEMPT OF COURT— 103, 104. 
 
 Fine and penalty for, 103, 104. 
 CONVICTION— Form of, by justice of the peace, lOG. 
 COPIES— Of papers for Judge— fees for, 126. 
 CORRECTION— Of references to rules. 138. 
 CORPORATION— Where defendant is a, 38. 
 Service of summons on, 4. 
 Service of garnishee summons on, 72. 
 Where garnishees are out of Province, 73. 
 
512 
 
 GLN'EUAL INDEX. 
 
 CORRESPONDENCE— With inspootor's deraitment, 120. 
 
 The niuuber of official fomniunlcatiou shouhl be given, 
 120 
 
 COUNTY CONSTABLE— To h.ind over goods seized under attach- 
 ment to bailiff, 97. 
 Bailiff to exercise duty of, 25. 
 
 COUNTY COURT TARIFF— 268. 
 
 COUNTY CROWN ATTORNEY— To receive from clerk verified 
 
 account of fine. 21. 
 To hold books and papers and money for benefit of the 
 
 public on death or removal of clerk or bailiff, 22. 
 To be delivered by him to succissor of clerk or bailiff 
 
 on appointment, 22. 
 To act as clerk, 23. 
 May renew execution, 86. 
 Fines to be paid to, 109. 
 Money unclaimed to be paid to, 109. 
 To pay over moneys received by him to Provincial 
 
 Treasurer, 109, 110. 
 Fees to, 116. 
 
 "COUNTY "—Meaning of, 2. 
 
 COUNTY JUDGE— W^arden, sheriff and inspector, may alter and 
 establish, 3, 7. 
 
 COSTS— Judge's authority as to, 81. 
 
 Of witnesses in certain cases, 82. 
 Of actions on judgments, 82. 
 Not recoverable without order of Judge, 82. 
 Of judgment sumiiKms and proceedings thereunder, 91. 
 May be allowed judgment debtor, 92. 
 Whan landlord claims goods seized and summons 
 issues, 101. 
 
 COSTS IN THE CA.USE— 119. 
 
 Where case put on Judge's list and settled before 
 being called, 125. 
 COSTS— Of primary creditor, 76, 77. 
 
 Of notices in garnishee proceedings, 76. 
 
 When garnishee liable for, 76. 
 
 In connection with appeal, 63. 
 
 To be taxed by clerk, 21, 121. 
 
 Rule as to, where plaintiff proceeds for balance, 54. 
 
finXKHAT- INDIA. 
 
 r)ia 
 
 en, 
 
 :li- 
 
 iff 
 
 al 
 
 ifl 
 
 1. 
 
 IS 
 
 COSTS— Ci)»M/H(t(/. 
 
 Of fommiHsion issued, 58, 59. 
 
 Revision of taxaiion of, 121. 
 
 Responsibility for, 122. 
 COVENANTS— Form of, Schedule A., 112. 
 
 Duty of .Tudgt' with respect to, 14. 
 
 Such duties judiciiil and not administrative, 14. 
 
 Lieutenant-Governdr may increase or diminish amount , 
 
 15. 
 Must be filed wiih clerk of the peace. 15. 
 Renewal receipt uuist be filed. 10, 121. 
 Fee therefor, 16. 
 
 Form of clerk's covenant amended, 121. 
 Certificate of clerk of the peace to be produced, IC. 
 Surety of Guarantee Companies, IT.. 
 New sureties. 16. 
 Available to be sued, 16. 
 Certified copy to be received as evidence, 17. 
 COUNSEL FEES— 81, 134. 
 
 Judge's discretion to direct payment of, 81. 82. 
 COUNTERCLAIM— Right to, and to defence, 102. 
 Fee allowed for copy of or set-off, 125. 
 COUNTY TREASURER— His duty as to jury fund, 69. 
 COURTS— Limits of divisions of Courts continued, 3. 
 Number in each county, 3. 
 Designation of Court, 3. 
 Who may alter the number and limits and estaldish 
 
 new Courts. 
 Proclamation of the intention to alter, 18. 
 Cancelled Courts, 3. 
 Not Courts of record, 4. 
 Judgments of, have the same force, 4. 
 Definition of Courts of record, 4. 
 Effect of judgment in a Division fourt, 4. 
 Holding Courts, time and place of, 4. 
 Lieutenant-Governor in Council in certain cases may 
 
 regulate, 7. 
 Judge may alter times and places, 4. 
 Sittings may be reduced, 4. 
 In provisional judicial districts, 4. 
 P.C.A.-33 • 
 
 iowssei-aa 
 
6U 
 
 COUKTS 
 
 (iKNKUAL INJ)i;X. 
 
 ' Ciiiiliiitii il. 
 yittlnga In Toronto, 4. 
 OlluT Hittini;s, :>. 
 Where two divisions m citU's, 5. 
 ^ IJoth clerks may k* eu their ofliceii in same dlvlsiou. 
 
 Court room aecommoclation, 5, 0. 
 Where nut provided .liulge may hold Court elsewhere, (i. 
 
 Expenses for rent, 0. 
 
 Where two munieipalities within divisiou Judtie may 
 
 apiiortion expenses, 0. 
 Use of c»iurl house, ti. 
 Clerk of Court's office. 5. 
 establishment of, l)y County Judge, 9. 
 
 I'owcis of, I)''. 
 
 As to injunctions, 34. 
 
 Nearest to defendant's residence, o". 
 
 Contempt of, lo:!, 104. 
 
 Fine jind penalty for, 103, 104. 
 CROSS-JUDGMENTS— May he set off, S3. 
 CUSTODY— Of gooJs seized under attachment, 97. 
 DAMAGES— Power of Judge to award, lOl, 102. 
 DEBT ATTACHMENT BOOK— 79. 
 
 Clerks shall keep, 79. 
 
 Copies of entries therein, 79. 
 DEBT OF JUDGMENT DEBTOR— Not to he extinguished by 
 
 imprisonment, 94. 
 DEFENCE— Withdrawal of, ."^1. 
 DEFIANCES- In garnishee proceedings, 75. 
 
 Right to and to counterclaiiu, 1U2. 
 DEFENDANT— May pay money into Court, 54. 
 
 Clerk shall give notice of payment, 54. 
 
 In original cause cannot discharge, without consent of 
 plaintiff or Judge, 88. 
 
 What defendant may plead in actions against clerk 
 and biiilifl, 107. 
 
 When defendant may tender amends and plead the 
 general issue, 108. 
 
 Effect of judgment on, 118. 
 
 DEFENDANT'S RESIDENCE— Action may be brought in Court 
 nearest to, 36. 
 
.•, (i. 
 
 may 
 
 (iF.NKItAI. INDEX. 
 
 515 
 
 1 by 
 
 nt of 
 clerk 
 
 the 
 
 I!ourt 
 
 DKMAND— For perusal of warrant, 1(»7. 
 
 Ulil'AUTMKNT OF INSPECTION OF DIVISION COl'RTS, I. 
 
 When estalilished, 1. 
 
 InsiitH'or, when nrst .ippolnted, 1. 
 
 Number or ollletrs, clerkH and bailiffs, 1. , 
 
 Coniulaiula, enquiry, 2. 
 
 Seif-siistaining, revenue, 2. 
 
 Compiirlsiin of business wlih the Superior Courts and 
 County Courts, 2. . 
 
 DEPOSIT— Towards costs, 25. 
 
 Tow:irds expenses of suniniuning jury, i;3. ♦ 
 
 DEPl TY .IL'DGE, 12, 135. 
 
 DEPl'I'Y CLERK Appointment of, 11. 15. 
 
 DEPUTY BAILIFF— Appointment of, 15. 
 
 Sureties liable for actions of deputies of clerk md 
 bailiff, 115. nc. 
 DISCONTINUANCE OF ACTION— 107. 
 DISPOSAL— Of books and papers when clerks changed, 22. 
 
 DISPOSAL— Of fines, 109. 
 
 Of money paid into Court, 109. 
 DISPUTING JURISDICTION— 79. 
 
 DISTRESS— Levying. 108. 
 
 Not to be deemed unlawful by reason of defect in pro- 
 
 c«'edings, 108. 
 Nor persons making it trespassers, 108. 
 
 DIVISION COURTS— Limits of divisums, 279-322. 
 
 Dickey, Joseph, Inspector Division Courts, 1. 
 
 Cost of inspection, 2. 
 
 Division Courts Act, The, 1. '! 
 
 Division Courts, Department of Inspector, 1. 
 
 Clerks of, 1. 
 
 Bailiffs of, 1. 
 
 Complaints against officers, 2. 
 
 Comparative statement of business in, with High 
 
 Courts and County Courts, 2. 
 " County," meaning of, 2. 
 Construction of Act, 2. 
 Limits and t'xter.t of, 3. * 
 Number of, in each county, 3. 
 
 I 
 
 Jite»B»?«S«S!«fe 
 
51() 
 
 CKNKIt.M- INI'KX. 
 
 DIVISION COURTS— t<.Hf/»/i('./, 
 Designation of, 3. 
 County .lu(lj;o, warden, sheriff and inspector, may alter, 
 
 etc., 3. 
 Not to l)e Courts of ree rtl, 4. 
 JudKUients tlierein, 4. 
 .Judguients may I'e recalled or changed, 4, 
 The Amending Act relating to (f.l V. c. I.'j), 27l-2«'3. 
 Algoma, 279, 280 
 Urant. 280. 
 Druce, 281, 282. 
 Carleton, 282. 283, 
 Dufferin. 283, 284, 
 Elgin, 284. 
 Essex. 284, 285, 
 Front enac, 2S.">, 
 Grey, 286, 287-8, 
 Haldimand, 288, 
 Haliburton, 288, 2S9. 
 Haltiin. 289. 
 Hastings, 290, ::91. 
 Huron, 291, 292, 293. 
 Kent, 293, 294. 
 Lambton, 295. 
 Lnnarli, 295. 296. 
 Leeds and Grenville, 296-7. 
 Lennox and Addington, 298. 
 Lincoln, 299. 
 Manitoulin, 299, 300, 
 Middlesex, 300, 301-2, 
 Muskoka, 302. 
 Nipissing, 302-3. 
 Norfolk, 303-4. 
 
 Northumberland and Durham, 304-5. 
 Ontario, 305. 
 Oxford, 306. 
 Parry Round, 306-7. 
 Peel, 307. 
 Perth, 307-8. 
 Peterborough. .''.09. • 
 Prescoit ,Tnd Russell, 309, 310, 
 
tiLNEllAL INKEX. 
 
 517 
 
 DIVISION COURTS-' ■"""'I'C''. 
 
 IM'lncf Edwai'il. 310, 311, 312. 
 
 H:iiny lliviv, :"12, 
 
 Ufturow, 31^, 313, 314. 
 
 tfiincoi', ol4, 31'), 31 1). 
 
 Sioimont, nuntUia and Clengarry, 310, 317. 
 
 Thtindor Uay, 317. 
 
 Victoi'la, 317, 318. , 
 
 Waterloo, 318, 319. 
 
 Welland. 3l'J. 320. 
 
 Wellington. 320, 321. 
 
 Wcntwoith, 321. 
 
 York, 322. 
 
 Construction of, 2. 
 DIVISION CGCR-r BOAUD-Tlu! County Judge, wavdn>, sheriff 
 and inspector, 7. 
 
 Their iiovvers and duties, '!. 
 
 Duty of .Judge to notify the ;.th-r members of applica- 
 tion to alter, etc.. 8. 
 
 If .ludge fails to do so inspector may fix the time, 8. 
 
 Action in unorganizi'd lerritory, 8. 
 
 Proclamation of notice. 8. 
 
 Order made to be recorded by the clerk of the peace, 9. 
 
 Copy to be sent to inspector, 9. 
 
 When Judge may establish new Court, 9. 
 
 H^s actirn to be certified to the Lieutenant-Governor 
 ■.n Council, 9. 
 
 Mo business can bo done until confirmed by Order in 
 Council, 9. 
 
 On separation of counties, 9. 
 
 Continuation of proceedings after separation, 9. 
 
 DIVISION COURTS DEPARTMENT- 1-2. 
 DIVISION— In which action is to be entered, 36. 
 
 DUFFERIN-County of— 
 
 Limits of divisions. 283, 284. 
 
 Numbers of Courts, 283-4. 
 
 Post offices of clerks, 283-4. 
 DUTY OF COURT— Where matter involved beyond jurisdiction, 
 
 34. 
 DUTIES OF INSPECTOR, 28, 29. 
 
61S 
 
 GENERAL INFiEX. 
 
 ii 
 
 Bi'C. 
 
 EFTECT— Of judgment on defendant. 118. 
 
 ELGIN— County of— 
 
 Limits of divisions, 284. 
 
 Numbers of Courts, 284. 
 
 Post offices of olerlts. 284. 
 ENDORSEMENT— Of summons, 43, 122. 
 
 ENFORCING FINES, lOG. 
 
 Payment of fees, 122. 
 ENTRIES— By cliak or bailiff, evidence against sureties, 17. 
 
 Copies of in debt attiichment buolr. may bf tal<('n free 
 of cliarge, 79. 
 
 ENTRY— Of claims, 42. 
 
 Limits of divisions, 284-5. 
 Numbers of Courts, 284-5. 
 
 Post offices of clerlis, 284-5. 
 ESTABLISHMENT— Of Court by Cnunty .ludge, 9. 
 EVIDENCE — Certified copy of covenant to be received as, 17. 
 
 Books of account to be received in, 59. 
 
 To be certified in appeal. 02. 
 EXAMINATION— Of judgment debtor, 90, 91. 
 
 At hearing, 93. 
 EXAMINATION— Of witness whosi- attendance at trial cannot be 
 obtained, 57, 58. 
 
 Of witness residing .-it a diptance, 58. 
 
 Person appointed to take shall have power to adminis- 
 ter oath, 58. 
 EXECUTION— Shall issue within 15 days, unless otherwise 
 ordered, 60. 
 
 Not to be postponed for more than 50 days, 60. 
 
 Except in cas« s where new trial granted, 60. 
 
 Judge may suspend or stay, 60. 
 
 Not to issue until garnishee's debt due, 77. 
 
 When money not paid pursuant to order, 82. 
 
 Amount to be collected with interest and costs, 82. 
 
 Where to be executed, 83. 
 
 Not to be executed out of limits of county, 83. 
 
 Obtainable in county to which rarty removes, 83. 
 
 Effect of payment of before sale, S3. 
 
 Where filed with sheriff, 84. 
 
 P.eturn from sheriff, 84. 
 
GKXKUAL IXDEX. 
 
 519 
 
 I 
 
 EKECiynoa-Contiuiu'd. 
 
 To he filed with clerk of Court in which Dudgment was 
 
 recovered. 84. 
 Judgment to br entered tor unpaid balance, 84, 8o. 
 When dated and returnable. 85. 
 
 Renewal of, 86. * , . c^ 
 
 Judge may order to issue before regular date, 86. 
 
 Against lands, 86. 
 
 Writ to sheriff where judgment amounts to $40, 8b. 
 
 And nulla bona r.turn to the Court in which judgn.ent 
 
 was recovered, 86. 
 Duty of shtriff thereunder. 86, 8". 128. 
 No further proceedings to be taken, 87. 
 Unless affidavit that judgment remains unsatisfied, 
 
 etc., 87. ', 
 
 May be obtained against partners served. 40. ■ 
 
 Against partners. 47. 
 Interest of mortgagor may be sold, 87. 
 What may be seized under, 88. 
 Property attached may be sold ui.der, 96. 
 Neglect of bailiff to levy, 105. 
 
 Against liailiff and sureties, 105. 106. .. , 
 
 Form of, against lands. Schedule D. 114. V 
 
 EXECUTIONS- -To be noted and entered, 20, 21. , I 
 
 To be issued by clerk, 21. ' 
 
 To be filled up without blanks, 21. 
 Day and hour received to be endorsed theroon by 
 
 bailiff. 24. 
 Wlwe summons out of Court nearest defendant's resi- 
 dence, 37. 
 EXECUTION— Of warrant of commitment, 93. 
 EXEMPTIONS, 277, 278. 
 EXPENSES-Of framing rules by Board of County Judges, how 
 
 provided, 111. 
 EXTORTION— By clerk or bailiff, 104. 
 
 Penalty for, 104, 105. 
 FEES— Table of, to be hung up in clerk's office, 26, 129, 130, 131. 
 Clerks and bailiffs to be paid by, 25. 
 Of appraisers, 25, 237. 
 Under Master and Servant Act; 241. 
 Undor Line Fences Act, 241. 
 
520 
 
 (a:N'i:itAL index. 
 
 M: 
 
 im 
 
 Vi^EQ—Conthitted. 
 
 UmhT Ditches and Watercourses Act, 241. 
 
 In actions not exceeding $10, 26, 27. 
 
 To be paid in advance on every proceeding, 27. 
 
 Payment of, how enforced, 27. 
 
 Bailiff's, to he paid to clerli before execution issues, 27. 
 
 Of bailiff to be forfeited for neglect, 28. 
 
 To counsel, 81, 82. 
 
 To be paid to sheriff on writ against lands, 87. 
 
 To jurors, 09. 
 
 For calling Judge's jury, 127. 
 
 Right of bailiff to, 89. 
 
 Where parties settle while goods under seizure, 89. 
 
 Where defendant makes assignment, 89. 
 
 Enforcing payment of, 122. 
 
 Forfeiture of, by bailiff, 119. 
 
 'I'o bailiff in making distress for rent, 1(j3. 
 
 To County Attorney, 116. 
 
 To counsel, 134. 
 
 Clerks giving credit for, 117. 
 
 Due by, to bailiff, 117. 
 
 Forfeiiure of, by bailiff, 119. 
 
 FEE— On entering judgment, 126. 
 On confession, 126. 
 For furnishing certified conies, 126. 
 For copies of papers sent .Judge, 126. 
 For making out statement of costs in detail, 128. 
 
 FOREIGN FEEG— On transcript, 127. 
 FOREIGN PROCEDl'RE BOOK— 'I'o be kept, 21. 
 
 FINES— How enforced, 106. 
 
 How enforced by justices of the pe.ice, 106. 
 
 Form of conviction for, 106. 
 
 Disposal of. 109. 
 
 Accounting for, 116. 
 
 To bi' paid to County Crown Attorney by clerk, 116. 
 
 FORMS— As revised by Board of County Judges, 323-476. 
 
 FRONTENAC— County of— 
 
 Limits of divisions, 28.5. 
 Numbers of Courts, 285. 
 Post offices of clerks, 285. 
 
 
GENEUAL INDEX. 
 
 5-2 i 
 
 
 GAMBLING DEBT— 30. 
 
 Action on note for, 30. 
 GARNISHMENT— Of debts, G9. 70, 122, 123. 
 
 Of wages, 70. 
 
 Di'bt must exceed $2.5, 70. 
 
 This exemption not to apply when debt owing for 
 
 board and lodging, 70. 
 Or wher(> in opinion of Judge exemption not necessary 
 
 fc'r support of family, 70. 
 Or whe're debtor unmarried and having no family de- 
 pending on him. 70. 
 Memorandum on summons, 70, 71. 
 Where debt for wages or sa'ary, 70, 71. 
 Where creditor's claim is a judgment, 71. 
 Payment to any than primary creditor void, 71. 
 Garnishee may be summoned by primary creditor, 71. 
 Servici' on corporation, 72. 
 Mode of service, 72, 73. 
 Judgment at hearing of summons, 73. 
 Where primary creditor's claim not a judgment, 73. 
 Where garnishees are corporation out of the Province, 
 
 73, 74. 
 Service of summons and memorandum on, 174. 
 Judgment in such cases, 74. 
 
 Where primary debtor enters no defence, 74. 
 
 All parties interested may shew cause, 75. 
 
 Defences in, 75. 
 
 Cost of notices in, 76. 
 
 Service of summons and memorandum on, 74. 
 123. 
 
 And if judgment be given for primary creditor, 76. 
 
 When garnishee liable for costs, 70. 
 
 Summons, memorandum and particulars to be filed, 77. 
 
 Judgment not to be given until, 77. 
 
 No execution until garnishee's debt due. 77. 
 
 Application to discharge debt from attachment, 77. 
 
 Security from primary creditor, 77. 
 
 May be approved by Judgi' or clerk, 77. 
 
 Bond shall be to the clerk, 78. 
 
 Case of adverse claims, 78. 
 
 Garnishment of salaries of civil servants, 78. 
 
522 
 
 GENERAL IXDEX. 
 
 GARNISHMENT- r.HiNHMC*/. 
 
 'I"he Act providing for, 275-277. 
 
 Judge may iiostpone hearing and proceedings, 78. 
 
 Judge may amend forms, etc., 78. 
 
 Garnishee lialde to be exiiniined as a jiidgnicnt debtor, 
 94, 13f). 
 GENERAL PROVISIONS— 43. 
 
 GREY— County of— 
 
 Limits of divisions, 286-7-8. 
 
 Numbers of Courts, 2SG-7-8. 
 
 Post office address of clerks. •2H(5-7-S. 
 GUARANTEE COMPANIES— Surety of, 11 C. 
 
 HALDIM.\ND— County of— ? 
 
 Limits of divisions, 288. 
 Numbers of Courts, 288. 
 Post offices of clerks, 288. 
 
 HALIBURTON— County of- 
 
 Limits of divisions, 288-9. 
 Numbers of Courts, 288-9. 
 Post offices of clerks, 288-9. 
 HALTON— County of— , ' i ' 
 
 Limits of divisions, 289. 
 Numbers of Courts. 289. 
 Post offices of clerks, 289. 
 HASTINGS— County of— ] ' 
 
 Limits of divisions, 290. 
 Numbers of Courts, 290. 
 Post offices of clerks, 290. 
 HIGH COUR'l'— Transfer of actions to, 35. 
 
 Causes may be moved into by certiorari, 36. 
 
 Board of County Judges to certify rules and forms to, 
 
 111. 
 Judges of, may approve of rules. 111. 
 Practice of, uuiy be followed in cases not provided tcr 
 by rules. 111, 112. 
 HOLDING COURTS, 7. 
 
 Sittings may be reduced, 7. 
 Proceedings to be taken to reduce sittings, 7. 
 Reasons requin'd to be given for reducing sittings, 7. 
 Clerk of the Peace to record time and place of holding, 
 etc., 7. 
 
OKNEltAI- INDEX. 
 
 523 
 
 or, 
 
 to, 
 
 Icr 
 
 ing. 
 
 HOLIDAYS— Legal holidays, 13. 
 
 .Tiulgmi'iit entered on, 13. 
 Service on, good, 13. 
 But nut on Sunday, 13. 
 When last day for giving security in appeal falls on, 13. 
 
 HURON— County of— 
 
 Limits of divisions, 291-2-3. 
 Numbers of Courts, 291-3. 
 Post offices of clerks. 291-3. 
 IMPRISONMENT— Not to extinguish debt or other causes of 
 action, 94. 
 Index to Rules. 242, 270. 
 Index to Forms, 323. 
 INSPECTOR-Member of County B^ard to iilior and establish 
 Courts, 3, 7. 
 May cj.ll meeting of Board, if Judge fails to do so, 8. 
 To be notified of new sureties, IG. 
 Appointment of, 28. 
 Duties, 28, 29. 
 
 Power of. in making investigations. 29. 
 To he a member of th(> Board of County .Judges, 111. 
 May grant leave of absence to cleiks and bailiffs, 14, 
 Lieutenant-Governor may on report of. dismiss clerk or 
 
 bailiff. 13. 
 May grant leave of absence, 14, 15. 
 Where bailiff temporarily unable to perform duties, 15. 
 
 INJUNCTIONS, 34, 118. 
 
 INTEREST— Clerks should be careful to add, 133. 
 
 INTERPLEADER— Appeal in, 61. 
 
 Where value exceeds, $100, 61. 
 
 Either party to issue, may require a jury, 63. 
 
 INTERPLEADING. 118, 119. 
 
 JUDGE— May establish Court in township, 9. 
 
 With warden, sheriff, and inspsctor, may alter and es- 
 tablish Courts, 3, 7. 
 
 Shall notify the other members, 8. 
 
 If he fails to do so inspector may notify, 8. 
 
 Judges who thall preside ovi'r Division Courts, 12. 
 
 Junior Judge, 12. 
 
 Deputy Judge, 12. 
 
524 
 
 JUDGE— Coitliii'ir, J. 
 
 <;i;ni;i;ai, i.\i>i;\. 
 
 Who may be appointed, 12. 
 
 Judge appointing must notify Lieutenant-Governor, 12. 
 
 What notice musl specify, 12. 
 
 Duration of appointment, 12. 
 
 If Judge does not arrive in time to open Court, 12, 13. 
 
 And ndtify Provincial Secretary and Inspector, IS (3). 
 
 Clerk or deputy may adjourn, 13. 
 
 Deputy of, with respect to dfflcers and their security, 14. 
 
 Such duties judicial and not administrative, 14. 
 
 May suspend, for cause, any clerk orljailiff, 14. 
 
 To report same and cause thereof to the Provincial 
 
 l^ecretary, 14. 
 Shall notify the P. S. when vacancy occurs in the office 
 
 of clerk or bailiff, 14. 
 When Judge may approve of the appointment of deputy 
 
 by clerk, 14. 
 Duty of, in case of death or insolvency of surety, 17, 
 To he notified in case of withdrawal of surety, 17. 
 Shall suspe?id ofllcer if not completed within a month, 
 
 18. 
 And notify Provincial Secretary and inspector, 18 (1). 
 Clerk shall furnish him when required with verified 
 
 account of moneys, 22. 
 To try all cases, 33. 
 May order payment in money although (ontva(!t not 
 
 for, 33. 
 Actions against, 41. 
 Actions against junior, 41. 
 May add parties, as party defendant, primary debtor ov 
 
 garnishee, 4G. 
 May set aside final judgment on sufficient s^rounds, 48. 
 May summarily dispose of cause or non-suit plaintiff, 51. 
 May give judgment without further proof, where defen- 
 dant does not appear, 52. 
 May adjourn hearing of cause, 52, 53. 
 May prevent any person from appearing as agent or 
 
 advocate, 53. 
 May issue commission to take evidence, 57. 
 Decision of, 59. 
 
' 
 
 (;i;ni;i!.\i. ini»i:x. 
 
 525 
 
 .JUDGE— Co)iti)uu',l. 
 
 May direct times and proportions of payment of judg- 
 ment, 00. 
 May pri)noimce judgment instead of granting new 
 
 trial, GO. 
 May suspend or stay execution, GO. 
 May fine clerk of municipality for not furnishing voters' 
 
 list, G6. 67. 
 Judge's list and jury list, 67. 
 May call tales, if panel of jurors exhausted, 67. 
 May order jury to be instantly empanelled to try any 
 
 fact controverted, G7, 68. 
 May discharge jury not agreeing, 68. 
 * And order new jury for next sitting, 68, 
 
 May postpone hearing in garnishment proceedings, 78. 
 May amend forms, etc., 78. 
 May order reference to arbitration, 79, 80. 
 May set aside award, 80. 
 Authority as to costs 81. 
 Discretion as to counsel fees, 81, 82, 
 Order of, required for costs on actions on judgments, 82. 
 Of County to which debtor removes may order judg- 
 ment, 83. 
 May Older execution to issue before regular date, 86. 
 May deliver up bond for perishable goods to be can- 
 celled, 100. 
 Power of, to award damages when claim made by land- 
 lord, 101, 102. 
 May certify that action against clerk or bailiff was fit 
 
 to be brought in Court of Record, 108. 
 To be furnished with account of moneys received and 
 
 paid by clerk, 116. 
 Power of, as to removal of officers, 134. 
 Decision of. if not pronounced in Court, only becom.es 
 a judgment when entered in the procedure bonk, 
 135. 
 Liability of, 136. 137. 
 Board of County. 110. 
 Their authority to frame rules, etc.. 110. 
 
52() 
 
 (iKNEHAL INDEX. 
 
 |.:'i 
 
 JUDGMENTS— May be changed. 
 
 In Division Courts, may be recalled or changed, 4. 
 
 On separation <»f counties, 10. 
 
 When limits of divisions altered, 10. 
 
 A bar to an action on the same suliject in any other 
 
 Court, 4. 
 To be noted and entered by clerk, 20, 21. 
 Returns. 21. 
 
 To be registered by clerk, 21. 
 F(ir balance of account to be in full discharge, So. 
 In action where summons served in division nearest 
 
 defendant's residence, 37. 
 Miiy bo olilained agjiinst partners i-t rved, 40. 
 By default, 48, 122, 124. 
 In proceedings by special summons, 48. 
 Before fiiT-l, summons and particulars and anhlavit to 
 
 be fileii, 48. 
 Judge may set aside. 48. 
 By default under section 109, 49. 
 Motion for, in an action within me.aning of section 13, 
 
 49. 
 May be postponed or given instanter by Judge, .j9. 
 M;iy direct times and proportions of payment of, tiO. 
 At hearing of garnishee summons, 73. 
 Where copy summons and memorandum served, 74. 
 Where primary debtor enters no defence, 74. 
 For primary creditor shall bind debt, 76. 
 Not to be given until summons, memorandum and par- 
 ticulars be filed, 77. 
 ' Award of arbitrators to be entered as, 80. 
 
 Judgment and execution, 82. 
 Cross judgments may be set off, 83. 
 May be ordered by Judge of county to which debtor 
 
 removes, 83. 
 To be entered for unpaid balance on execution returned 
 
 by sheriff, 85. 
 Revival of, 85. 
 
 Effect of, on abandoning excess, 96. 
 Of Superior Court, 124, 125. 
 Fee on entering, 126. 
 Over 20 years oh\ 136. 
 
 
 f 
 
 '39 
 
 iNii 
 
(iKNlMtAK IM»KN. 
 
 r>o 
 
 )-li 
 
 ither 
 
 .\rest 
 
 it U) 
 
 1 K5, 
 
 par- 
 
 jbtor 
 rned 
 
 JUDGMENT SUMMONS, 34, 124. 
 
 Where pilncii):il aiid interest sued for separately, 34. 
 
 JUDGMENT DEBTOR— Examination of, KO. 
 
 Affidavit required Ijeforc Humnions, !)0, 91. 
 Examination, place (if, 91. 
 Piiyment of, ft)r attendanpe, 124. 
 Coals to be costs in the cause, 91. 
 If party examined discharged, 91. 
 
 No further summons to issue against, without affida- 
 vit, etc., 91. 
 V^h^n iii:i> 'je fciiimitted, 91. 
 Grounds for committal, 91, 92. 
 Costs may he .Mllowed debtor, 92. 
 Warrant of commitment, 93. 
 When debtor in nistody shall be discharged, 93. 
 Certificate of satisfaction, 93. 
 When debtor r"iy be examined at hearing, 93, 94. 
 Judge may rescind order .-ind may alter and modify 
 same, 93. 
 
 Debt not to be extinguished l)y imprisonment, 94. 
 Garnishee liable to be examined as a, 94. 
 
 Return of, to be made annually by clerk to inspector, 
 
 94. 
 Also of the number ordered to be committed, 94. 
 
 Amendments to Act, 123. 
 
 Application of, 123, 124. 
 
 Meaning of amendment to sub-section, .5, 124. 
 
 JURISDICTION— Cases in which the Court has not, 30. 
 
 Cases in which the Court has, 31. 
 In actions of replevin, 33. 
 
 Where in any proceeding matter involved beyond juris- 
 diction, 34. 
 Duty of Court, 34. 
 No privilege to exempt from, 34. 
 Where disputed, 79. 
 
 Notice necessary to be left with clerk, 79. 
 Extended in actions of replevin, 122. 
 
 JURY FUND— Fees for, 68. 
 
 Return to bi' made by clerk, 68, 69. 
 
 Duty of county and city treasurers as to, 69. 
 
528 
 
 (iKNi;i!Al. IM»i;\. 
 
 JLROIiS Wlio may 1;(' f.l. 
 I low selected, or.. 
 
 Clerk of nuinlcipality to furnish lint, fif.. 
 Whore .IikIki' "I'ly order selection, do (2). 
 HuninioniuK. •>'». ''•'■ l-'>. !-"• 
 Parties entitled to challenge, (JO. 
 Penally on, for disolMving summons, fiC. 
 Proceedings against clerk nf municipality fcu' ref>i8ln8; 
 
 to lurnish cony of voters' list, (It!. 
 Numlier to be empanelled, (JT. 
 If panel exhausted, Judge may call tales, tu. 
 May be instantly empanelled and ordered l)y Judge to 
 
 try any fact, <J7. 
 Fees, to, 09. 
 
 JURY 'J'UIAL— Postponement of. 53. 
 
 JURY— Either parly may require, in tort or replevin, C3. 
 
 Where sum exceeds. .$20, (i3. 
 
 Either party to interpleader issue may require, 63. 
 
 Parties to give notice to clerk, 64. 
 
 When Judge nuiy order selection to save costs, 35. 
 
 Verdict of, (IT. 
 
 Not agreeing may be discharged, G8. 
 
 New jury may be suumioned for next sitting, bS. 
 
 Judg' •;•• jury—fee for calling, 127. 
 
 JUSTICES OF THE PEACE— How fines are enforced by them. 
 lOG 
 Form of conviction, 106. 
 
 KENT— County of— 
 
 Limits of divisions, 203-4. 
 Numbers of Courts, 293-4. 
 Post offices of cleks. 203-4. 
 
 LAMBTON— County of— 
 
 Limits of divisions. 20.'). 
 Numbers of Courts, 205. 
 Post offices of clerks, 205. 
 
 LANARK— County of— 
 
 Limits of divisions. 295-6. 
 Numbers of Courts, 205-6. 
 Post offices of clerks, 205-6. 
 
 I 
 
(iKNKIlAI, INDKX. 
 
 I'D 
 
 fuslns 
 
 Ige to 
 
 ' 
 
 63. 
 
 them. 
 
 L.\ND- Actions for recovery of. no. 
 
 Or right or title to. 'Ml 
 
 I'nrni of execution to siieiiff jigaiiiHt. Sciiednle I). 111. 
 hANDhOUD- Claim ni. Km. 
 
 MeanliiK of, loo. 
 
 MeiiniiiK of " apeni " of. ino. 
 
 Cliiims of, to goods seized, how to 'ic adjusted. 1i>(>. 
 
 Dut.v of eleiU to issue summons, KMi. 
 
 When .'ictiuns respecting the subject matter may lie 
 stayed. lOo. 
 
 I'ai'ly l)i'inginK at lion may lie ordei'ed 1o i)ay costs. KM 
 
 County ,Iudge may adjudicate upon, lt)l. 
 
 And between the parties and the officer or bailiff. 101. 
 
 And may gr:inl a new 1ii;ii. 101. 
 
 If nun-e tluin iin(> v.'rit against jjroperty claimed, duty 
 ' of liailiff (in making applicaiinn. loi. 
 
 Power of ,Iudge lo award damages, 101. 102. 
 
 Right of parties and nf l)ailiff to defence and cimnter- 
 clalm, 102. 
 
 Provision witli respect to rents due to, 102. 
 
 Ndtice of claim for. 102. 
 
 Hailiff shall distrain for rent and costs as well as levy 
 for amount of claim. 103. 
 
 If replevin made, 10?.. 
 
 When landlord's (daim for rent to )>? first paid. 103. 
 
 LEAVE OF A15SENCE-14. 15, 135. 
 
 LEAVE TO DEFEND- May be given unconditionally, or on 
 terms, 50, 51. 
 
 LEEDS AND GRENVILLE— T'nited counties of— 
 Limits of divisions, 29l!-S. 
 Numbers of Courts, 296-8. 
 Post offices of clerks, 296-8. 
 
 LEGAL TENDER— What is, 137. 
 
 LEGISLATIVE ASSEMBLY— Copies of rules and forms to be 
 laid before. 111. 
 
 LENNOX AND ADDINGTON— C<mnty of— 
 
 Limits of divisions, 298. 
 
 Numbers of Courts, 298. 
 
 Post offices of clerks. 298. 
 LIMITS AND EXTENT— Of Courts, 3. 
 D.c..\.--34 
 
530 
 
 (ir.NKUAL INDKX. 
 
 LIMITATION OF AC'ITONS-108. 
 
 Notice of cause of to be given, 108. 
 
 LIMITATIONS— Statute of, 137. 
 
 LINCOLN -County of— 
 
 Limits of divisions, 299. 
 Numbers of Cnurt». 299. 
 Post offices of clerks. 299. 
 LIEUTENANT-GOVERNOR IN COUNCIL-Tn certain cnses 
 may regulal." the holdluK of Courts, 7. 
 May remit peimltiea, IS. 
 LIEUTENANT-GOVERNOR -May appoint Board of County 
 
 .ludgt'S, ll'>- 
 May appoint any rotired Judge, lU). 
 TO be supplie.1 witb copies, Bidos a,>d forms tramod by 
 
 Board and .approved. 111. 
 To lay same before the Legislaiivo Assembly, in. 
 
 LIMITS OF DIVISIONS-279-322. 
 
 LIST OF VOTERS— 05. 
 
 .Tudgf's list of cases for trial. 07. 
 .Jury list. 07. 
 
 MANITOUI-IN- District of— 
 
 Limits of divisions, 299. 300. 
 
 Numbers of Courts, 299, 300. 
 Post offices of clerks, 299, 300. 
 MARRIED WOMEN-Suits by, etc., 138. 
 MAS'IER AND SERVANT ACT- 
 MIDDLESEX-County of— 
 
 Limits of divisions, 300-302. 
 Numbers of Courts, 300-302. 
 Post offici-s of clerks, 300-302. 
 MILEAGE— Of bailiff, 133. 
 MINERS— May sue tor wages, 3^. 
 
 Other suits by, 35, 138. 
 MONEY-Paic, into Court am. rai<. o„t. *■■. shali K.e„ 
 
 account of, 21. „„„„f ,,f '>'i 
 
 Shall furnish when required by Judge an account of, - 
 
 unclaimed, clerk to make out list. -2^ 
 
 copy of list to be put up in clerk s office, 22. . 
 
• iF\i;it.\r, ?\i)i:n. 
 
 ')\ 
 
 • .lUif lU'd 
 
 ciiaes 
 
 County 
 
 imeil by 
 in. 
 
 kiep an 
 )ui\t of, 22. 
 
 UOHEY—Continiinl. 
 
 Upon death or removal m.m^'.v. iioijks, ik 
 
 pcrty of County Attuinty. :'i'. 
 Money realized jit Hale to be relnriied to th" cirrU, 21. 
 Should he ininiedlalely i)iild over by hailifl'. 2t. 
 Failure to do so auhje ts bailiff ii loss uf nfilcc, l>i. 
 MONEY PAYMENT— May be ord. ivil by .IihU,., alibouyli (iiu- 
 
 tract not for. ?>'.i. 
 
 MONEY— Where ni.ade i)ayabl(> out of Piovinci . P.S. 
 
 May he paid inio Court by defendani, .'4. 
 
 Clerk shall slve notice of payment, 54. 
 
 Paid into Court, disposal ot, Kc.l. 
 
 Unclaimed, to Ix- paid to County Crown Alioniiy, lOH. 
 MONEYS— Received and paid. lU!. 
 
 Account of required to l)e furnished .Tudge, 11';. 
 
 Disposal of moneys paid into Court, ill). 
 
 Payment of, by instalments. 119. 
 
 Duty of clerk in such cases, 119. 
 
 In the hands of the Crown, 274. 
 
 The Act respecting attiichnient of. 274. 
 MONEY IN COURT— Ciinnot be got by plaintiff until suit deter- 
 mined, 137. 
 MOTION— For judgment in action within nifuuint; ^^' section 1;1, 
 
 49. 50, 
 MORTGAGOR— Interest of, may be stdd, 87. 
 
 .*IUi\."!IPALITY— Shall furnish Court room, 5. 
 Clerk of, to furnish list of jurors, <;.">. 
 Proceedings against clerk for refusing to f unisU 
 
 voters' list. tJO. 
 Judge may fine clerk of, GO. 
 
 MUSKOKA— District of— 
 
 Limit" of divisions. 302. 
 
 Numbers of Courts, :'02. 
 
 Post offices of clerks, 302. 
 NEW TRIAL— 60, 136. 
 
 Application for, 60. 
 
 Grounds ior granting, 13<1. 
 
 May be granted on terms. (!0. 
 
 Proceedings stayed by application. t;0. 
 
 Instead of granting .Indge may pmnounce judgment, C^- 
 
 Appcal lies from either the granting or refusal or, U.. 
 
 (**-•■ 
 
 
 >-i:fe%»fti«*li 
 
582 
 
 (iKNi;i{AL i<i>i:x. 
 
 kL , 
 
 NEGLECT— Of bailiff, 105. 
 
 To levy on fX'cution, 105. 
 
 Bailiff and sureties liabl- for, 105. 
 
 Execution against, 105, UKi. 
 M PISSING— District of— 
 
 Limits of divisions, 302-3. 
 
 Numbtrs of Courts, 3(i2-3. 
 
 Post oflices of cUrks. 302-3. 
 NON-RESIDENT— Action .against. 37. 
 
 Service of summons on, 'd". 
 
 Proof of service, 38. 
 
 Allowance of expenses for scivice, 3S. 
 
 NORFOLK— County of— 
 
 Limits of divisions. 303-4. 
 
 Numbers of Courts, 303-4. 
 
 Post ofnc<'s «if clt r ". 303-4. 
 NOinTIl'MBERLAND AND Dl'RHAM- 
 
 Limits of divisions. 3(»4-5. 
 
 Numbers of Courts. 304-5. 
 
 Post offices of (■'.•rks, 3(i4-5. 
 
 NOTICES— 
 
 Notices from on.' ravty to anotbor <u- to tbo clc 
 
 be in writing, 42. 
 Note, promissory, aitinn on, 42, 43. 
 Notices-Requests of. 51. 
 Notice of plea uf i-.ayment, 53. 
 Notice of set-off or otbrr statutory defence, 55. 
 Notice tbat jury required, (i4 
 Notices— Costs of, in garnisb. e proceeding.s, TO. 
 Notice of, disi)uting jurisdiction, T'.t. 
 
 NOTICE— Of sale by bailiff. 88, 89. 
 
 Of sale of perishable goods, 09. 
 
 Of claim for rent, 1(2. 
 
 Of action and of cause, 108. 
 
 Of nicmey paid into Cotirt, 109. 
 NULLA BONA RETURN-Clerk to give notice of, 85, 123, 
 NUMBER— Of Courts in each cnunty, 3. 
 
 OATH— Persons appointed to take examination of witnesses shall 
 have authority to administer, 58 (2). 
 
 To be administered by arbitrators, SO. 
 
 must 
 
(JKNIlltAL INDF.X. 
 
 o:]:i 
 
 1. :;',». 
 
 S'ciinr. i.s 
 
 s(nir, 
 (.■opy 
 
 OBSERVATIONS— On the Act and on tli" nil. s and tarilY. ILY 
 OFF'ENCES— 103. 104. 
 ONTARIO— County of - 
 
 idmiis of divisions, :li)."j. 
 Nnml)ers of Courts, Si'C). 
 V^ost ofTues of clerks, oUn. 
 ORDERS— 
 
 To be noted and entered by (dork, lin, Ji, 
 
 Til be registered l)y him, -\. 
 
 To procuie chant;r of i)hi( e nf irial. ;]s, :;;•. 
 
 Shall dirccl at what slitins'.- of thi' ('mu! iri 
 
 Shall b.' aili'.thed lo Hnmnion;^, o'.K 
 
 .\nd transmitted to clei'k of Conn in which 
 
 to be tried, oil. 
 ['[){.i\ receipt of. to be enured liy ( N rk, :'!i. 
 Paper and ]n'ocei;'i-.igs shall be cniiiled as i' < 
 • ■ntcred in Cl'i:' to whicdi they b.ave l;e -n 
 Duly of defendant Mbtainins order lo nerve 
 
 plaintiff, 40. 
 Ordf'r in which actions lo be fried, .'.2. 
 For commitmeni <if judyiiK'nt debior. '.}-. '■'■'■ 
 .Judge nia>' alter or rcsidnd, ',':!. 
 ORDER BOOK -Should be used by chMks, luS. 
 OVERPLl'S--Of securities seized, 8S. 
 
 OXFORD— Cotinty of- 
 
 Limits of divisions, Cit'l 
 
 Numbers of Courts, ?, i""-. 
 
 Post offices of (derks, :?0j, 
 PARRY SOUND— District of— 
 
 Lindts of divisions, oOG-T. 
 
 Numbers of Courts, oOd-T. 
 
 Post offices of clerks, o(H!-T. 
 PARTIES- :May agree n(d to appeal, :>2. 
 PARTNERS— 46. 
 
 One or more j.dntly liable to be sued. 4('.. 
 
 Judgment may be obtained against those s.'rv 
 
 Where Judge certifies bailiff may seize and sell 
 
 Service on, 47. 
 
 Eye( ntion against, 47. 
 
 Adding as defendants, 47, 4S!. 
 
 il.y 
 on 
 
 (1. 111. 
 
 
 
 !PhS"-i 
 
 p»lioil« 
 
 m^\ ''I 
 
 L" III 
 
 4 1 
 
1 
 
 534 
 
 GENERAL INJ)EX. 
 
 PAYMENT— Tender of, 53. 
 
 Notice of plea of, 54. 
 
 Amount shall be paid to paintlff, less $1 to defendant 
 
 for his trouble, 54. 
 Proceedings shall be stayed, 54. 
 
 Unless within three days after notice plaintiff notifies 
 clerk in writing of his intention to proceed, 54. 
 PAYMENT— Of money into Court by defendant, 54. 
 Clerk to give notice of, 54. 
 Proceedings to be stayed thereupon, 54. 
 Unless plaintiff notifies clerk of proceeding for re- 
 mainder, 54. 
 Plaintiff to pay defendant his costs, if no further sum 
 
 recovered, 55. 
 Payment to clerk will amount to payment into Court, 
 136. 
 PAYMENT— Of execution before sale, 83. 
 PAYMEN'i'— To a.iy other than primary creditor void, 72. 
 
 PEEL— County of— 
 
 Limits of divisions. 307. 
 Numbers of Courts, 307. 
 Post offices of clerks, 307. 
 PENALTY— May be remitted in case of failure to give security, 
 18. 
 Or time may be extended, 19. 
 Time shall not extend beyond 2 months, 19 (3). 
 PERISHABLE GOODS— To be sold by bailiff, 99. 
 I'OSTAGE— On papers to be served ou* of division, 45. 
 Transmitting papers, 119. 
 Where papers sent to Judge, 119. 
 When clerks required to answer, 119. 
 Stamps for return postage to be sent to clerk, 137. 
 
 PETERBOROUGH— County of— 
 Limits of divisions, 309. 
 Numbers of Courts, 309. 
 Post otfices of clerks, 309. 
 
 PERTH— County of— 
 
 Limits of divisions, 307-8. 
 Numbers of Courts, 307-8. 
 Post oflfice of clerks, 307-8. 
 
 
GENKl'.AI. INl»i:\. 
 
 5;3i 
 
 (lant 
 
 tifles 
 
 ' re- 
 
 sum 
 
 'ourt, 
 
 urity, 
 
 :?. 
 
 POSTPONEMENT— Of jury tri:il. 53. 
 
 PRACTICE— Of High Court l<i l;o fcllowrd where uol imovuIimI 
 
 for by rules, 111, 112. 
 PRESCOTT AND RUSSELL- United counties of— 
 
 Limits (if divisions, 3o;t-;]l(i. 
 
 Numbers of Court, 309-310. 
 
 Post offices of clerkc, 309-310. 
 
 PRIMARY CREDITOR'S CLAIM— Where not a judgment, 73. 
 Where primniy debtor enters no defeufe, 71. 
 Costs of, 70, 77. 
 
 Security from i.riuiary creditor. 77. 
 Miiy be approved l)y .ludge or elerl;. 77. 
 
 PRIMARY CREDITOR-70. 
 
 May summon garnishee. 71. 
 
 PRIMARY DEBTOR— 70. 
 PRINCE EDWARD- County of— 
 Limits of divisons, '.^09. 
 , Numbers of Courts, 309. 
 Post offices of clerks, 309. 
 PRIVILEGE— Not to exempt from jurisdiction, 34. 
 PROCEEDINGS— In case defendant does not appear, 52. 
 
 Judge may give judgment without further pr.x)f, 52. 
 Stayed by ••tpplication for new trial, On. 
 Not to be quashed for want of form. 82. 
 Under transcript, S4 
 PROCEDURE— On appeal, 62, G3. 
 
 Taxable costs of, 03. 
 PROCEDURE BOOK— To be kept by clerk. 21. 
 Form of— Schedule B., 113, lltl. 
 Form of foreign procedure book. Schedtile C. 113. 
 PROCESS-Directing bailiff to sell property for whatever il 
 
 would bring. 24. 
 PROCESS AND PR0CEDURE-3G. 
 
 Proclamation nf notice of application to alter, etc.. 8. 
 
 What notice should set out. 8. 
 
 Should be entered by Clerk of the Peace. 8. 
 
 PROMISSORY NOTE- 12. 
 
 Action on. 42. 43. 
 
 May be seized and sued on by bailiff. 88. 
 
 -Hi 
 
 iiri f« 
 pi 
 
 iHiiii 
 
i . 
 
 O-iO 
 
 (;i:ni:i!ai, i.n'dkx. 
 
 PROTECTION— Of persons acting under warrant, 107. 
 
 PUBLIC OFFICES— The Act respecting shall apply to secnrilies 
 given by clerk and bailitf, 18. 
 
 PUNISHMENT -Of persons wrtnigfuliy holding hooks or pMOtrs 
 or money belonging lo Court, 22, 23. 
 
 PURCHASE— Of goods by (ifticers of Courts void, S!3. 
 QUASHED— Proceedings not to be t'oi- want of form, 82. 
 
 RAINY RIVER— District of— 
 
 Limits of divisions, 312, 
 Xunibcrs of Courts, ?A'2. 
 Post oflices of cleiks, ;!12. 
 
 REFERENCES— In rubs corrected, i:]8. 
 
 REGIS'l'ERlNCr SECURITY— Neglect of, not to vacate, 20. 
 Reipiired to be r( gistered with pioijcr ollhei. 2f). 
 
 REGULATION OF LLMITri— On separation of counties, 11. 
 
 RENEWAL RECEIPT -Of Guarantee Company must be tiled. Hi. 
 
 RENEWAL— Of execution, SO. 
 
 RENFREW— County of— 
 
 Limits of divisions, ;512-313. 
 Numbers of Courts, 312-313. 
 Post offices of clerks, 312-313. 
 
 RENTS DIE LANDLORD— Provision respecting, 102. 
 Landlord's claim for, 1o3. 
 Bailiff to distrain for. 103. 
 Fees of, in such cases, 103. 
 
 REPLEVlN~-72, 5. 
 
 Statement of charges should be given by bailiff with 
 
 the return of all exi cutions, 24. 
 Either party may require a jury when sum excte.ls $20, 
 
 03. 
 Jurisdiction in actions of, 122. 
 
 REQUISITES OF NOTICES— 51. 
 RESISTING OFFICERS- 10 1. 
 RESPONSIBILITY FOR COSTS— 122. 
 
 RETIRED JUDGE— May be appointed a, member of the Board of 
 County Judges, 110 
 
(ii:Ni:i;.\i. ixdi.x. 
 
 Oo( 
 
 RETURN— Of service of sniiimonH ■!?>. 
 
 " I'l'dpci'ty (in hands," for want ui Imyrrs. ::t. 
 
 RE'IT'RX OF WRIT OF Ul':i'i JCVIN Sialfiiii lit of cliiivaes 
 ^;hoiil(l bo given tliun witli ly liailitT, L'!. 
 
 RE'IT'RX-- Of liusiness to l)e nuulc ;uimvilly u> in.-i.crior by 
 tleik. :!o. 
 or emulnnunls, 30. 
 Of (onnniKsion, ".S. 
 Of jtiry fund, tJS. 
 In cities, t^S, till. 
 Of nnilii liona, S-S. 
 or ,iii(lL;in(Mil ilcljtors and nf niiinbiT of eoniiiiitiai:^ '.t4. 
 
 RE'ITTIXS m' I'.AllTFr— I'j' .1:1 tiuult; in nialung nun'^.sary to 
 entitle liini te tee, 1:18. 
 
 REVISED RFLES— 139-:2;]2. 
 
 REVISED F0RMS-:!2:]. 
 
 REVISIOX OF 'I'AXATIOX- Of costH, 121. 
 
 REVISED TARIFF 2?.;l-2n. 
 
 REVIVAL OF .ir DOM EXT- S.I. 
 
 Rl'EE AS TO OOS'i'S- Where iibiintiff pi'oeeeds for balanoe, .")4. 
 
 RULES— Made aiiplicable to cnniniissions, .".s, .jij. 
 
 As revised and adopted liy Hoard of Oouniy .I'ldsies, 
 13il-2H2. 
 RULES AND FORMS— Authority of Beard of Oounty .iudse.s to 
 frame, no. 
 
 Board may amend rtiles. lit*, ill. 
 
 To be ap|)r(ived by .liulges of High Court, 111. 
 
 To have force of stattite. 111. 
 
 Copies to lie transmitted to ilie Lientenant-Oovernor. 
 
 111. 
 Expenses of framing, how provided. 111. 
 Praetic.^ of High Conn may be fellow, d in ca.es not 
 
 provided for by. 111. 112. 
 Observations on. 11"). 
 
 RULES AMENDED— 134, 145, 447, l(n-128. 
 References in corrected, 13S. 
 
 iiPI 
 
 S.&J3 
 
 
 —"-'.^ iiiiii'iKiiiiiMtMiiilnii 
 
538 
 
 (jENi:UAL IXDliX. 
 
 SALE OF PROPERTY— By bailiff, 24, 89. 
 
 Bailiff not to purchase, 89. 
 
 Purchase by, io b»> void, 89. 
 
 Return of property on hand fdi- want of buyers. 24. 
 
 New process directing biiiliff to sell, M. 
 SALARIES OF CIVIL SERVANTS— 78, 275-277. 
 
 Garnishment of, 78, 275-277. 
 
 SEALS— Court seals, 3. 
 
 How procurr 1,3. 
 
 SCHEDin.ES TO ACT— 
 
 Schedule A., covenant by clerk or l)ailiff, 112. 
 B., form of procedure book, 113. 
 C, form of foreign procedure book, 113. 
 D., execution against lands, 114. 
 
 SEIZURE OF GOODS— Duty of bailiff after. 88. 
 
 SEPARATION OF COUNTIES— 
 
 Action required by Division Court Board, 9, 10. 
 
 Continuation of suits after separation, 9, 10. 
 
 Senior and junior counties, 10. 
 
 Papers, etc., to be delivered up on order of the Judge, 
 
 10. 
 Persons holding papers, and refusing to give them up, 
 
 to be proceeded against. 10. 
 If division partly within senior and junior counties, 
 
 10, 11. 
 Proceedings to be continued as the .Judge shall direct, 
 
 10, 11. 
 Unless Lieutenant-Governor fixes number and limits by 
 
 procliimation, 11. 
 The Division Court Board shall do so, 11. 
 Must act within three months after proclamation 
 
 issued, 11. 
 
 SERVICE OF PAPERS-In appeal cases, G2. 
 SERVICE OF ATTACHING ORDER— To bind debts, 71. 
 
 Of garnishee summons on corporation, 72. 
 
 Mode of service, 72, 73. 
 SERVICE OF SUMMONS— When action brought in Court nearest 
 
 to defendant's residence, 37. 
 
fil'.N'EKAI. 1N1>1.\. 
 
 sutkt„mmt1tfl^' 
 
 V.V.i 
 
 SET-OFF— statutory (Icfcuoe, ."r,, 122. 
 
 Defendiini to pivc nt.iice of, or utlicr sliiuuury deftMU-o. 
 
 ;«, 
 
 iP. 
 
 ay 
 
 [)n 
 
 St 
 
 EvicU'iicf of, 55. 
 
 Provisions of sci-off oxcfcd amount ilu;- plaimiiV. .',5. 
 SHERIFF— Form of execulion agiiinst lands to, SiIkmUiIc P.. lU. 
 Member of County Board to alter and ostaldiwh Coiut:-, 
 
 3, 7. 
 Writ to. 86. 87. 
 His duty, 87. 
 
 Fees on writ against land.-^, S7. 
 SHOW CAUSE-Defendaut may against application fur nu.-.l 
 judgment, 50. 
 All parties interested may in garnishee proeee.lings, 75. 
 
 SIMCOE— County of-- 
 
 Limits of divisions, 314-31(;. 
 Numbers of Courts. 314-310. 
 Post I tlices of clerks, 314-310. 
 
 SITTINGS OF COURTS— 4. 
 In Toronto, 4. 
 In county town, 0. 
 SOLICITOR'S LIEN— 135. 
 SPIRITUOUS LIQUORS— Actions for, 30. 
 STATUTES OF LIMIT ATlONS-137. 
 STIPENDIARY MAGISTRATE-Action against, 41. 
 STORMONT, DUNDAS AND GLFNGARRY-United conntie. of- 
 
 Limits of divisions, 310-317. 
 
 Numbers of Courts, 310-317. 
 
 Post offices of clerks, 310-317. 
 SUBPCENAS— How obtained, 50. 
 
 Service of, 50. 
 
 Penalty for disobeying or refusing to be sworn. 50. 
 
 Sliall be applicable towards indemnifying party in- 
 jured, 50. 
 
 Witnesses served out of county to be paid rccr.rding to 
 
 County Court tariff, 57. 
 SUMMONING JURY-Deposit towards .'xpenses of, 63. 04. 
 Number to be summoned. 05, 00. 
 Penalty for disol eying summons, 00. 
 
 'f^^f 
 
 
 
 laititattitMmim 
 
 mm 
 
540 
 
 UENKIIAI. INliKX. 
 
 II; 
 
 SrMMOXS— To be s.Tvpd by bailiff, j;5. 
 
 Return of seivici' of. -2?,. 
 
 Unless ivtiirn be made within six d.-iys after scrvic,. 
 bailiff not »niitird to fee. 2t. 
 
 When not served within tini.- of s.-rvico to be roturued 
 with nasoii.-, for nnii-s( i\ ice. li). 
 
 Where not served in time to n)al<.' the nuiicv of .<itti..gri 
 available, u:.. 
 
 Duty of elerk thcreiiiion. 2.". 
 
 Wh.'re ease settled bcfoif isstic of. 125. 
 
 Srrviee of, when action bionght in Court ne.irest tn 
 defendant's residence. :!7. 
 
 Service of. on non-rcsideni. o7. 8S, 13."). 
 
 Proof of ser\ire. 3S. 
 
 Allowance for exiienscs of service on. 3S. 
 
 Forwarding for service in oilier divisions. 12. 
 
 Tin-." of service of. I,'!. 
 
 Time when (bMi ndant resides out of cnunly, i;j. 
 
 Endorsement thercdii. 13. 
 
 When sci-vice of. to be personal oi- othci'wise, 13, 13S. 
 
 !--ubstitiitioi'nl service. 13. 11. 122. 
 
 Service uiion ( ririioiaticns. 1!. 
 
 How sei'ved where no bailiff. 1,". 
 
 t-ervi((" of. en partners. 47 
 
 Garnishee, 71. 
 
 •Mode of service. 72. 73. 
 
 Judgment at hearing of, 73. 
 
 Where no jiulj.-^nient, sunue.ons on garnishee to issue. 
 173. 
 
 Where erarnishees are corporations out of the Province. 
 73, 74. 
 
 Service of, and of memorandum on garnishees, 74. 
 
 Service of garnishee s-hiill bind debt. 70. 
 
 Summons, memorandum and particulars, to bi- filed 
 
 before judgment, 77. 
 'i o be issued by elerk where landhird claims goods, 100. 
 Concurrent, 12o. 
 No fee for added wjirnings on. 12.5. 
 
(;i.ni.i;ai, imma. 
 
 .■41 
 
 SURETIES, SKCLUITY OF I'LKKKS AM) l;.\l 1.1 1'1-S-X5. 
 tiiich as .liidK"' iliri'. IS, '..'. 
 lJt'UtL'liiUit-(i(i\t 1 liM' 111 Ciiuiicil iii;,\ iui'U:,i.-M' i.;' 
 
 (limiinsli aiLCJUUi, l.i. 
 Must he lil<il lit>luW' ollici r (ul< r.- iiiiou diiiirs, lo, 
 Ki'iU'Wal I'c'ffipi iiiiist li.' lilcil v.-iili I'll rK ,,1 ih.. I'.'.-ito, 
 
 Hj. 
 1'"('0 111! rclui', Iti. 
 
 luriuector lo hi' imiiliMl of new ;-urrli>s. id. 
 I nc Act icsjircling liUlilic oHIhts diiill aiiply 'S 
 Covmanl nvailublc lu be s.;iMi, ic. 
 Smt'iy ot Guai'.iUUe Couiiianii &, I'i. 
 Enirit'ri by clerk uv li-iililT Hi In' iMchn! nj, t vi'l.'ai.'f 
 
 a£aiui-ii, IT. 
 If suri'ty ilics. 17. 
 
 New surt'ty to lit' fl,r'li^lull i'.i case of ticatU or insol- 
 vency, 17. 
 Withdrawal of, 17. 
 •Indf^e and oflicer In b^' notiTK d, 17. 
 
 Not dit,charj;i'd until expiration of live w.iki. or com- 
 pletion of new covenant, IS. 
 Liability as 10 past transactions. IS. 
 Lienteuanl-Governor in;iy rmiii i;ei alty, IS. 
 Or may extend time for giving ;-"ciiriiy, 11). 
 
 Not more than two months, lit cii. 
 
 Entrv ihertot to be nuule. lit Ci). 
 
 May be approved ulth.mgh giv..n after time limited. UK 
 
 Acts of offlcer not void by dt lay. V:<. 
 
 Where execnted at dift'erent times. 1!'. 
 
 Neglect in registering not to v.-uate secuiiiy, 'I'K 
 
 Reqnired to be registered with proper onieer. 20. 
 
 Liability of, 45. 
 
 Atlidavit of service to be prepared by clerk, 4.j, 
 
 Security from primary creditor, 77. 
 
 SECURITY SEIZED— Party wishing te enforce must s.'care 
 
 costs, 88. 
 Overplus after payment of plaintiff's -lem- .id to be paid 
 
 to defendant, S8. 
 Liable for acts of deputy appointed by clerk or bailiff. 
 
 ll.j. lie. 
 Not liable for fees due from one clerk to another. 116. 
 
 LI iM 
 
 i- 
 
 m 
 
 PL 
 
 ifib^ 
 
 JIW 
 
 Ip^ 
 
 fili 
 
 ' ' fef 
 
 " H 
 
 
 Pi 
 
■ 
 
 i 
 
 
 
 
 
 
 
 1 
 
 
 642 
 
 <ii:NKIt AT- INDEX. 
 
 TAHLE OF FEES -To be Ihiuk up hi clerk's nfiic.', ■H], 
 
 TARIFF— When nmendi'il {ame into force, 117. 
 
 TARIFF OF FEES- 233-l'41. 
 
 TARIFF -Discussed, 117. 
 Item, 28, 117. 
 No oilier fees allowed to clerk and I);iiliff tliiiii 
 
 tliose in, 117. 
 Apiiended to anniuil report, 117. 
 Fe»'S under payable in advance, 117. 
 
 TAXABLE COSTS— In connection with appeal, »;3. 
 
 TAXATION OF COSTS— 21, 121. 
 Revision of, 121. 
 
 TENDER— Of payment into Court, o3. 
 
 THUNDER BAY— District of— 
 
 Limits of divisions. 317. 
 Numbers of Courts, 317. 
 Post offices of ilerks, 317. 
 
 'iORT— Either party may require a jury when sum exceeds $20. 
 C3. 
 
 TRANSCRIPT— To be prepared by clerk. 83. 
 
 Certificate to be transmitted therewith, S3, 84. 
 
 What sliiU lie stated therein, 84. 
 
 Duty of clerk receiving same, 84. 
 
 Proceedings thereunder, 84. 
 
 Proceedings stayed in Court from which issues, 84, 127. 
 
 128. 
 Ri'quirements for further proceedings, 84. 
 Must issue from Court in which judgment has been 
 
 originally recorded, 127. 
 Foreign fees on, 127. 
 
 TRANSFER OF PROCEEDINGS— 35. 
 
 Court to have full power in transferred actions, 3t). 
 
 TREASURER OF COUNTY— Duty as to jury fund, 09. 
 
 TREASURER OF CITY— Duty as to jury fund, fi9. 
 
 TRESPASSERS— Persons not to be deemed such when levying 
 distress, 108. 
 
UKNLUAL l.NliLX. 
 
 oiU 
 
 liiii 
 
 20. 
 
 en 
 
 TRIAL— Place of, where nmount exceeds $t()(>, ami i^. iiwhlo \i:\y- 
 able at any place in the I'rovliu f. US. 
 ChanghiK i)la(e of. :'.s. 
 May by consent be in any division, 12. 
 Judge may summarily dispose of ciuisc or ii'>ii>nii 
 plaintiff, r.1. 
 UNCLAIMED MONEYSltiD, 1 lU. 
 
 How (lisposfd of, 109, 110. 
 VERDICT OF JURY-tl7. 
 
 Bailiff entitled to, on pioihiction of wmrnui, loT. 
 Where clerk and bailiff l)i)tli sued, loT. 
 VICTORIA— County of— 
 
 Limits of divisions, ;nT-31.s. 
 Numbers of Courts, olT-IJlN. 
 Post offices of clerks. lUT-inS. 
 VOTERS' LIST— 05. 
 
 Judge may fine clerk of nmnicipality for not furni-li- 
 
 ing, 6(5. 
 WAGES— Miners may sue for. 35. 
 Garnishment of, 70. 
 
 Where creditor's claim is a judgment, 71. 
 WANT OF FORM— Proceedings not to i)e quashed for, s;2. 
 WARDEN— Of the county a. member of the County Hoard to alKr 
 
 limits and establish new Courts, 3, 7. 
 WARRANTS— To be issued by clerk, 21. 
 
 To be filled up and without Ijlanks, 21. 
 Cannot be enforced by bailitt's assistants, 133. 
 WARRANT OF COMMITMENT— Of judgment debtor. 92, 1)3. 
 
 Constables and peace officers to aid in execution of, 
 
 03. 
 Protection of persons acting under, 107. 
 Demand for persual of. 107. 
 No action to be brought against b;iiliff for acting ^)n. 
 
 107. 
 Verdict for liailiff on production of, 107. 
 Where clerk and bailiff both sued, 107. 
 What defendant may plead, 107. 
 Remain in force six montlis, 13 i. 
 And nmy be renewed. 134. 
 WATERLOO— County of— 
 
 Limits of divisions, 318-319. 
 Numbers of Courts, 31S-319. 
 Post offices of clerks, 318-319. 
 
 1''" ■■■■■^^^^^^^^''•'rlriliiiiii 
 
r)44 
 
 (iLXKHAL IM>i:,\. 
 
 WHI.LAMV roiiiit> of- 
 
 Mniits of (livlsluiis, :519-;i2it. 
 N'limbors of f'otirts, ;]l!i-:;i'(). 
 I'osi ofiiccH of L'lorkH. 3iit-;!:i(i. 
 WEr.LINO rON-Ooiinty of— 
 
 Limits of divisions. ^520-321. 
 Ni.inlK'is of Cuiirts. ;120-;]:M 
 Post oflicea of clerks, ;^2(t-321 
 WEXTWOHTU- County of- 
 
 limits of (livisions, ?,-J.\. 
 Xunibera of Conrts, :!21. 
 I'nHl ofllces of ch-rks. 321. 
 WHERE I'LAINTIPE PROCEEDS FOR 1?.\L.\XCE .-}. 
 WITIiDRAWAE OF DEFENCE ."I. 
 WITNESSES AND EVIDENCE r.d. 
 
 Exaniinnlinn of. wlu.s.. iilicndinK c ;ii trial .•.•mnot Im 
 ol)tiiin(Ml, ,")7. ns. 
 
 Rt'sldinK iit a distaiic' from trial, ns. 
 
 Prrson .•iPDointcd to lakr cxiiniination o.r sliall iiavo 
 
 power to iidniiiiistrr o:itli, ,"S. 
 Costs of. in (■(■it.a.in cases, Si'. 
 WITNESS FEES-Clerk not hnund to pay out of moneys re- 
 ceived for costs. 122. 
 Clerk to determine the niimhcr of witnesses i,, h,. 
 allowed, 120. 
 WRITS OF EXECrilON-Where ro I.e executed, S3. 
 
 Not to be executed out of limits of county S3 
 WRONG COURT-Action wlien entered in. 10. 
 YORK— C(Uinty of— 
 
 Eimits of divisions. 322, 
 Numbers of Courts, 322. 
 Post offices of clerks, 322. 
 
 CORRECTIONS. 
 Page 235-Tariff of fees-Item 22. Transcript to County Court 
 
 should have been omitted. (See Observations, p. 131). 
 Page 242— Index to Rule.s-Absent parties. The reference number 
 
 239 should read 230. 
 Page 268— 'j'ariff of officers' fees. The reference numbers have 
 
 been omitted; they are 233, 238; also of witness fees, 230; 
 
 of appraisers' fees, 239, 240, and tariff of County Court fees, 
 
 241. 
 
 I 
 
'-ate?*^' 
 
 J 
 
 ' '-fniiliiaii^iilii 
 
 U'm 
 
 
 li 
 
 
 
 11' i»