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 •1 
 
 RULES AND FORMS 
 
 rN USE IN THE 
 
 DIVISION COURTS 
 
 OF THE 
 
 COUNTY OF SIMCOE, 
 
 AS APPROVED OF BY THE JUDGES. 
 
 TORONTO: 
 PRINTED BY S. DERBISHIRE and G. DESBARATS, 
 Printer to the aueen's Most Excellent Majesty. | 
 
 1851. 
 
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 RULES AND FORMS 
 
 A 
 
 IN USE IM TH£ 
 
 DIVISION COUETS 
 
 OF THE 
 
 COUNTY OP SIMCOE, 
 
 AS APPBOVED OF BY THE JUDGES. 
 
 TORONTO: 
 
 PRINTED BY S. DERBISHIRE and G. DESBARATS. 
 
 Printer to the aueen's Most Excellent Majesty. 
 
 1851. 
 
 J 
 
RULES AND FORMS 
 
 IN USE IN THE DIVISION COURTS OF THE 
 
 COUNTY OF SIMCOE, 
 
 AS APPROVED OF BY THE JUDGES. 
 
 117-HEREAS by the Forty-fourlh Section of the Act passed in 
 ▼ » the Fourteenth Year of Her Majesty's Reign entitled " Jn 
 Act oamer^ and consolidate the Jev/ral AcTs n^t force 
 regulating the Practice of Division Courts in uZr Ca'Zda 
 and to extend the Junsdiction thereof;^ it is provided thaTuTe 
 Judge of the County Court .hall have power, from t^me to time to 
 make General Rues for regulating the Practice and Proceed^gi oi 
 the Division Courts, and also to frame Forms for every Proceeding 
 in the said Courts for which he shall think it necessar/thatTForm 
 should be provided, and also to alter all or any Forms given in th^ 
 Schedule to the said Act. In pursuance of sich poweS the efore 
 
 h^t^^h^^? n *•' ^r\ ^T' 'f *^^ C°""ty of sTcoe dotro^de; 
 nfJ^ n""'?^ ^' *H" ^"^'^ «/ P''^^ii<^' ^»d Forms for the 
 
 fifty!one. ^ ""^' °"^ ^^^"'"'^^ ^'^^^ h"'~^<lr«d and 
 
 1st R^^E.-The Jlerk of every Division Court shall have an Office 
 at such place, withm the Division for which he is Clerk, 
 as the Judge shall direct. * 
 
 2nd RuLE.-Three Books shall be kept by each Clerk, and the 
 necessary entries be fairly made therein, namely :' A Book 
 to be cal^d the « Procedure Book," in which shall be 
 Jnrfjln. n "^'" S"«^«^^n«es issued, and of all Orders, 
 tht^Z 'a r,r\^^''''''''^ Executions and Returns 
 thereto and of all other Proceedings in every Cause, and at 
 
 "Jwl^rnl ^ ^'"'^/^ ^' ''^^'^'^' '' Cash Book," fn 
 which shall be entered an Account of all Suitor's Moneys 
 paid into and out of Court ; and a Book to be called 
 
 t ^r f"?.^.^"^'''" '" ^hich shall be entered an 
 Account of all Fees, Fines, Forfeited Fees, and of all 
 Moneys payable or paid into Court belonging to the General 
 
 y'^ 
 
 j:^ 
 
 H9i0 
 
4th Rule. — The arrminf j 
 
 case a/mS^h "eorrit"'' '"'■' ^"'' '"'»". '" 'very 
 in olher cases shall co„,ainr. ." '"""<'"'='" '» delail, and 
 Ihe demand, or the ftc?fcl».?r '"'",' "^""^ P»'"'="'"» of 
 ordinary and conoiie In™ ' "" '„V L"""^ "'"''"''"■■ '" 
 money claimed in re8Dectih„l.'„ ^l^ """ or sums of 
 and VI in (he Scl.e2 " "".'""o— The Forma Nos. IV V 
 
 Provided alwi;:. ; Z Tr '^ ""H "' "'""'a.ioY 
 diacretion and ii Zh Zml .VT ""' i'"^«'' '" »■" 
 
 Court, a, in respect to tho whol n'" T* ?"''"«» "f *» 
 6™ R„J" t "■"f" '"^ ".en trtr'^r"'"" "'"'^ -"»<■ 
 
 these Rules app^ded, in I e" on,,'; "," "«' ?<=''edule to 
 Schedule to the Act- and „ J '"™ S'^n in the 
 
 to correspond wiU, he dema„ f onTrr-'^"" "^ """>>-« ed 
 as of the day on which trulm" 's t " '^""' "^"^ '^»"^'' 
 7th Rule.— Where thp Pla :«♦•«• 
 
 Act, the^;S ^^.^^^^^^ b-thV'^ ^^^ '^^^- ^^ ^^e 
 cases, but in addition to the nl,l^ ^^ '' '" "'•^'n^ry 
 summons to apnear th! k n J """^'^^ «" *^ie original 
 "Tho n f jPP^^*^) there shall be added ihp f,wi r"^* 
 ine Defendant is inrnrmo^ ^ cmuea me lollowinor : 
 
 "original Defendant h«.?n '"'' """''''"^^ ^^^t (the 
 " without the consent of 7JT\-^ ^'^^^^^^^ ^^'^ «ui! 
 " subject matter of this si^t h '""''^ ""' '^' ^"^8^' the 
 "execution." " '"'* ^'^'"g ^^en seized under 
 
 8th Rule The r\nrh cu n 
 
 account or dlafontS with'^™ T' ^7"°- "- 
 
 «-" wun mm, according to Rule 
 
Books shall be 
 ledule to these 
 may be in the 
 
 suit must be 
 names in full, 
 arties, and be 
 
 laW, in every 
 in detail, and 
 particulars of 
 ' of action, in 
 1 or sums of 
 s Nos. IV y V 
 
 •lustration 
 
 idge, in his 
 nk fit, may 
 statement of 
 
 ' account in 
 ' numbering 
 reference to 
 tings of the 
 iits entered 
 
 nt shall be 
 chedule to 
 ^en in the 
 '' numbered 
 a^d dated 
 
 ion of the 
 ordinary 
 - original 
 )Ilowirjg : 
 hat (the 
 this suit 
 'dge, the 
 id under 
 
 nons the 
 to Rule 
 
 5 
 
 No. HI, and to each copy of summons to be served shall be 
 likewise annexe.l a copy of such account or demand, sealed 
 or stamped with the seal of the Court. 
 
 nxH Rule.— Every summons must be served ten days before the 
 ^ holding of the Court at which it is returnable (neither the 
 day of service, nor the day of holding the Court to be 
 counted,) except when otherwise directed by the said Ac^. 
 And where any summons has not been served another 
 summons, or successive summonses, may be issued. 
 
 10th Rule.— The Bailiff who serves a copy of summons shall 
 endorse on the original the time and the manner of the 
 *rTti- '^^ and sign such endorsement four days before 
 the holding of the Court at which the summons is returnable. 
 
 1 1th Rule.— Where summons or other process is required to be 
 served out of the Division of the Court from which the 
 the same issues, the papers may be transmitted by Mail, 
 by the Clerk issuing fame (on receiving the necessary 
 postage) to the Clerk of the Division where the same 
 '"k^n'T u° .^® served. And such last mentioned Clerk 
 shall forthwith deliver such summons, or other process to 
 the Bailiff of his Division to be executed— And on return 
 r thereof made, transmit the papers by Mail, with the 
 
 necessary affidavit of service, if effected, to the first 
 mentioned Clerk. 
 
 12th Rule.— Where the Defendant desires to avail himself of the 
 law of set off, the Statute of Limitations, or any other 
 defence requiring notice to the Plaintiff under the XLIII 
 Section, the Forms of Notice Nos. VII and VIII in the 
 Schedule may be used, to be served in manner directed by 
 the Act : Pi'ovided always, that where such Notice shall 
 not have been given, the Judge in his discretion, and on 
 such terms as he shall think fit, mav adjourn the hearino- 
 of the cause to enable the Defendant 'to give such Notice" 
 such number of days (being at least six) before the day 
 to which the hearing may be adjourned, as the Judge mav 
 think proper. -^ 
 
 13th Rule.— [Not approved.] 
 
 14th Rule.— With a view to save unnecessary expense in proof, 
 the Defendant (or Plaintiff) shall be at liberty to give the 
 Plaintiff (or Defendant) a Notice, in writing, that he will 
 admit on the trial of the cause anv part of the claim or set 
 off, or any facts which would otherwise require proof; and 
 
 .^j 
 
 /' 
 
 / 
 
I 
 
 6 
 
 claim or demand for ^hich it 7 ' P"V«"'«" of the 
 fulness and certainty as w^ W h ^'^^". "^"^ ^^^ same 
 demand was sue^n n 2^^^^^ 
 
 application for Jud/ment on -rl ^'r"''"""^' ^"^ ""'«« 
 to the Judge, at the ShtinV r .^0'"°" ''^«" »^« '"ade 
 same is takfn no execut on Lll V^' ^T' "^'^^ ^^^'^ the 
 rendered without an affid«vi?r' '"'f^ ''^ *^« J^^^ment 
 Agent, that the sum conls^ed r« ^^T'^' ^^ ^'» 
 thereof, remains justirdue A ^"T' '"'^ ^^^^ Part 
 Judgments entered on Jl ^""^-^^^ "umbering of 
 thenumher of the la,t «..?. r"?^'"°" «hall begin after 
 and applications t^JudJmen^f ui ''''^ «^ the^ Court 
 holdon for. the DTvision ITe^^^^^^^^^^^^ ^ ^^^^^ 
 
 upon, suit would be triable ' ^"'^'"^ ^^*« s"ed 
 
 " ""'"'^^inthtiU^^ (7a'cTu::'r»;'" ''^ ^-^^ --^ 
 
 stating the Christian and Surname of t? " P'^^^'^enced,) 
 and also that of the Deponent^L*'l•^'^P"*•^« «t 'ength, 
 addition. And if an affidavit ' b« ^''u^ ^^^^^^^ and 
 
 person, the Jurat must contL'n a pT^^^^^ ^^ '" '"'*«'-«te 
 ; or Commissioner, administer^ fh ^5:*'?^«/« «f the Clerk, 
 ^as read in his' prernc?"o^the'n f '^' '^'' '^' ^^^^^^ 
 and that such party sepmp!l ^ f^'^Y making the same 
 there shall be n^lsu ' o, ' '. r ^ '^ understand it ; and 
 the Judge shairnHe bound ?o "'''."" '" ^"^ J"'^* but 
 affidavit not complving with the a^''' "' ^"^.^^^cient,' any 
 them, but mav inffii * ^^""^^ requisites, or any of 
 
 defec't shaKo "seemTS To";' ^'^ --whence 
 j^ validity of the proceedings '^''^ necessarily the 
 
 " ^^^^''^^^nV^^^^ Court Shan 
 
 the Schedule, or to tS 1 t'e eZf'"^ !? ^'^u' ^"^"^ ^'^^n '" 
 n^ade for the payment of anv Deb n""^ '"^'"^""^^ ^rder is 
 «um of Money, the same Z? k ' ^^'"Jf ^«' Costs or other 
 
 the Clerk of^ he Cou?^ a su 'h ^?^'' ^* '^« ^^^e of 
 order. "" ^* ^"'^'^ P^r'ods as the Court shall 
 
 W 
 
 .v\. 
 
 AV 
 
 rtS 
 
inndanO shall 
 3 purpose of 
 e Form No. 
 •rved on the 
 ce of abode, 
 
 Debt, taken 
 ulars of the 
 I the same 
 ch claim or 
 
 and unless 
 dl be made 
 ^t after the 
 •Judgment 
 'iffj or his 
 what part 
 ibering of 
 •egin after 
 le Court; 
 
 a Court 
 was sued 
 
 ourt must 
 menced,) 
 't length, 
 bode and 
 
 illiterate 
 le Clerk, 
 
 affidavit 
 'le same, 
 I it ; and 
 ^rat, but 
 ent, any 
 )r any of 
 I'hen the 
 r'lly the 
 
 Jrt shall 
 riven in 
 )rder is 
 5r other 
 ffice of 
 rt shall 
 
 18th Rclv. — On application made to hira in that behalf, the Judge 
 shall determine what number ot witnesses shall be allowed on 
 taxation of Costs ; the allowance for whose attendance shall 
 be according to the scale in the Schedule, unless otherwise 
 ordered, but in no case to exceed such scale, except the 
 wUness attends under aubpana from the Superior Courts ; 
 and before allowing disbursements to witnesses, the Clerk 
 shall be satisfied by the receipt of the witness, or by the 
 affidavit of the party, or his agent, that satisfaction to the 
 witness has been made. 
 
 19th Rule. — Every application for a new trial shall be put in in 
 writing, and show briefly the grounds upon which it is 
 made, which grounds, where matters of fact, requiring 
 proof, shall be supported by affidavit, and the application 
 and every affidavit in support thereof, shall be delivered 
 to the Clerk of the Court wherein the cause was tried, to 
 be by him, on receiving the Fees and the necessary Postage, 
 transmitted by Mail to the .Tudge with a copjf of the 
 original claim, or other pap^r necessary to the proper 
 understanding of the case. 
 
 20th Rule. — Where an application is in the first instance refused 
 by the Judge, the same being notified to the Clerk, the 
 proceedings in the cause shall be continued as if no such 
 application had been made. Where the Judge determines 
 to hear the parties on such application, he shall notify the 
 Clerk thereof, and the hearing shall be at the then next 
 sittings of the Court wherein the suit is pending, and the 
 Clerk shall forthwith issue a summons in the nature of a 
 Rule nisi^ according to the form of the Schedule, to 
 which shall be annexed the party's application, and every 
 affidavit in support thereof, and the same shall operate as 
 
 , a stay of proceedings, and a copy of such summons, to 
 
 which shall be annexed a copy of the application and of 
 every affidavit in support thereof, (such copies to be 
 furnished by the party) shall be served on the opposite 
 party, ten days at least before the day of hearing, and in 
 manner directed by the Statute for the service of a notice 
 of set off, and every copy of affidavit to be used in showing 
 cause against such summons, shall be served on the party 
 applying for the new trial, four clear days before the day 
 of hearing, and in the manner directed by the Statute for 
 the service of a notice of set off. 
 On the day appointed for the hearing, the Judge, on the appearance 
 of both parties, or in default of the appearance of either party, on 
 
 I 
 
8 
 
 proof of the service nF ♦!,« 
 
 Z ^*^ *"'"? *" justice to appertain Za u **'®''®"Pon as shall 
 proceeding shall be costs in the Sui?,ni .i*"t^°'*" '"^'^^-'^t to the 
 ««'d<''-. ^'^^ cause unless the Judge shall otherwise 
 
 ''" """ja^Ji'^ite'^o ja'/tr der'r r^"^^^^ - «^--"- 
 
 be levied out of the ^d' of th. H '"'f?' '"'^ ^°^*«' «« 
 and as to the costs Jf T ^® deceased in their hands 
 
 <-ied out 0? S r,!"- - "" »->. good., then tot 
 22nd Rule.— Whfim ♦>,« ^ r . 
 
 "•at the/ have Ss i„/ ^ °''j'"'S''' ■>-" ""e Court, 
 jxdgmenf shall go, a^t' ,h~'i""»'"^d. then a like 
 
 pds of ,he deSe^^d o he amolr"' ''V\ "' '" '^^ 
 hands, and nf «>,<,.i. j amount proved to be in their 
 
 the Judgtent^sT e^r^sl^^^^^^^^^ - t« *^« -it 
 
 ^e&anw/c^/a/orw,7<^r./,!-L i^\^ *^^^ ^^ levied 
 23H1, RuLic-lf the sole L u ^" ^""** ^'''^'^^'' 
 
 Court is for the defendant^ j/ vM^^ judgment of the 
 found to be due be oad IS ?' • Z'^^" ^^ *^^^ *be amount 
 deceased qv^ndo^llfC^^'^fr' 1 ^\^ ^^^^^« ^^ *bo 
 discretion of the Jud^e who shin" '"''' '^'" ^^ ^" the 
 costs to be paid by the' defen t '", "' '"'^ "«^^ ^'^^ct 
 to him that by the cour^ f^t '• ""u"'' '* ^'^«" «PPear 
 
 has been left u'i.d he Tec ^skv V^' '^''^'^^^^^^ 
 action. ^ necessity of proving his cause of 
 
 '"''and'^Tmfnlil^^^^^^ «f i"«t Executors 
 
 of the deceased Jarrfo arwJl" • f '? '^lupo" the assets 
 «ny time proceedXtummonr '• *^' Plaintiff may at 
 that assets have come ^^2T I T'"'* *'^"™' ^"ggesti n^ 
 proceed and give SLVn^Th "^'' v"? '^^ ^""^° «half 
 in Rule XXf, and if for tt n "r' 1 ^"'' ''^^ ^'^'"t'ff as 
 entitled to their costs ^^efendants they shall be 
 
 '"^^ ""' dlTgT^aXo^^^^^^^ JJT/'^- ^^«* ^^edebt (or 
 
 P'aln^ff ^omplJn^ t 'Ihl ifr*';** '^*'«'^^*'*' «"d the 
 
 of a rf..a^a.^.7 Tnasm^ h a ^o^^of t^"" °."''*^ 
 forthcom ne to saiirfv ti,„ ." ..s™"' "' the deceased are 
 
 "ay be taken out in .he foi^ 2 "• "-'f "•' "'''' » '"""""ns 
 
 "« I'ko effect, and. hetu„.fr.",'" "".?''•'''"''=• ■"■ <» 
 . -na .nereupon, as m ordinary cas^s, the 
 
 'flM 
 
to adju(?icate 
 -upon as shall 
 ncident to the 
 »ali otherwise 
 
 » or adminis- 
 and costs, to 
 their hands, 
 ', then to be 
 
 [Jministrators 
 ^ the Court, 
 nen a like 
 lyasto the 
 be in their 
 the residue, 
 be levied 
 propriis. 
 
 strators be, 
 nent of (he 
 the amount 
 sets of tho 
 be in the 
 :ase direct 
 nil appear 
 le Plaintiff 
 s cause of 
 
 Executors 
 the assets 
 ^ may at 
 uggesting 
 'urt shall 
 'aintitf as 
 shall be 
 
 debt (or 
 and the 
 -n guilty 
 ased are 
 Juntimons 
 e, or to 
 S'??, the 
 
 Court shall proceed to the hearing and judgment, and if 
 judgment be given against such Executors or Administrators, 
 then it shall be that they pay the debt (or damages) and 
 costs, to be levied de bonis testatoris ai &c., et si non 
 de bonis propriis. 
 
 26th Rule. — Where, in an action against Executors or Adminis- 
 trators, the defence is, that they are not Executors or 
 Administrators, or it is founded on some matter or thing 
 arising since the death of the testator or intestate, ex. gr., 
 — a release to the defendants— ^if the judgment of the Court 
 be against them, it shall be, that the debt (or damages) 
 and costs be levied and paid de bonis testatoris si S^c, et 
 si non de bonis propriis. 
 
 27th Rule. — Execution on any judgment is not to issue by or 
 against any person not a party to that suit without a 
 summons upon the judgment, the proceedings in which 
 shall be the same as in ordinary cases, and where judgment 
 has been given for or against a person deceased, his 
 Executors or Administrators may in the same manner sue 
 or be sued on the judgment, and the particulars, summons, 
 judgment and execution, in such case, shall be according 
 to the forms Nos. XXIV, XXV, XXVI, XXVII, XXVIII, 
 in the Schedule, or to the like effect. 
 
 28th Rule. — Where a party having an unsatisfied judgment or 
 order desires to proceed under the 91st Section, he shall 
 enter with the Clerk a copy of the judgment (or order) 
 he proceeds on, and a note in writing according to (he 
 form No. XLI in the Schedule, which shall be numbered 
 by the Clerk in the order in which it shall be received, 
 and thereupon a summons, bearing the number thereof, 
 shall issue, which summons shall be according to the form 
 No. XLII, in the Schedule. 
 
 29tf Rule. — Every such summons for a party to appear to be 
 examined upon oath under the Qlst Section of the said 
 Act, shall be served ten days at least before the day on 
 which the party is required to appear to such summons ; 
 Provided always, that the service of such summons at any 
 time before the time appointed for the appearance of such 
 party may be deemed by (he Judge, in his discretion, to be 
 a good service, if it shall be proved to his satisfaction that 
 such party was about to remove out of the jurisdiction of 
 the Court. 
 
 -ff~«««— n-MW-VK. 
 
10 
 
 Ihe authority „f the saK? h ^ ^'""* ''"'''''" ""<)er 
 party againsi whom, ^ch ,!'>.''">'. P"™»' »"" •■eing the 
 have been i«ued on the ll7iZ^'" Tf' "^ »"™>"onses 
 with the execution of suohlr° "{ "" 0"*<=" •charged 
 served in such "irae a„H m» ' '"'"\'"""">°*» "hall be 
 directed forserviiTof an orfj^rr'' " ""^ "•« »"'' ^ct is 
 the Claimant shall be deemed frp!"'?^' '? »PP*=' i »"<1 
 Creditor the Defendam A„H^h '"^?^.°"'"''^««"li<'n 
 clear days before , he dw on Jb\^u""°"' '•>"". «"» 
 returnable, leave a the Office „f,t'r."'t "»"""""*» "^e 
 Partcular of any goois „rchaHi ^'"'^ "^ "" '''""« « 
 "lledged to the property of ihpri' '""^'"^ "' ^''"'•'Y, 
 of his claim set forth nVdilarv^lT'"''- '",'' ""= P"""^' 
 the summonses, the par,?c„Tr?an3 th'^T '''u"^""*'' »»'' 
 be according to the fLs C XXX V v y,V''T""' »''»'' 
 in the Schedule. ■''•'^'> ^-^X" and XXXIII 
 
 ^'""""me*^:;7„yt"ilJi;^JPS ""^r^in any money by 
 
 « Bailiff, sh'lirwiLn.hrerd"'v:Vfi''^r"' "^^^'^>' hi 
 P«y over the same to the Cferft tfe" tt""'"' '''"''"' 
 32wi> Rule Afpv«\ n ^"un. 
 
 shall requi^lTheBamffln Tr'' °"'^^ "'"<'» »' 'he J..d~ 
 a St,te,2ent ■ Return t r^ i"'"" '" ""^ ^lerk of the CouT 
 , Schedule, of wh sh 11 ^ave ZTT '" ""^ ^""^ ''" ">« 
 return, under every warrant nr. ! ''?*• *""•« his last 
 which he shall ha4 C reaS i™'' ""' "^ ««»"on, 
 SShd Rdie _Th» P . required to execute. 
 
 hr^he'^'ci^^^^Lrotrtrsti'rb' '^"'^ ^^»" ^» «'«'' 
 
 to the inspection of any ' person I ,^t TI "J'^""' ^^ 
 searching the same, and U shal T .i 7"*''; ^^"'"'^ of 
 examine such Returns and if f ^ ''"'^ <''^"'« Clerk to 
 within ten days after the ?ece'i„, ,hZ A°'''''^i ="'' ™"'P'='e 
 Memorandum" in the ?o loX 3 ' 'mIT™ '''"''°" ^ 
 
 •■ ^rr/ 'ct:^:";: -^r^ -^td-.he'satrbet^ 
 
 ;kn.,w,edge andteli^f Ja;;,7'" «-> '"<> hes. of »;' 
 
 if such Returns be found^bv ih/riA ?' C'?*'" And 
 mcomplete, he .hall forthwith , ,ff \ '' ° ^ '"•^""ect or 
 and the pa ticulars tWeoT ^^ "" "'"''S" of the same, 
 
3spect to any 
 in execution 
 olden under 
 ot being the 
 i summonses 
 icer charged 
 ises shall be 
 said Act is 
 PPear; and 
 le execution 
 shall, five 
 monses are 
 he Court a 
 r security, 
 he grounds 
 ?uage, and 
 reon, shall 
 
 dxxxm 
 
 noney by 
 which he 
 »t thereof, 
 
 le Judge 
 he Court, 
 rni in the 
 bis last 
 ^ecntion, 
 
 be filed 
 10 ut fee 
 irous of 
 ■lerk to 
 5mplete 
 ereon a 
 irefully 
 be full, 
 of my 
 
 And 
 ect or 
 same. 
 
 11 
 
 34th Ruls. — In all Actions in Division Courts against Officers and 
 their sureties (under the 22nd Sect, of the Act) on the 
 Officers Security Covenant^ the particulars cf the claim 
 or demand shall be according to the Form No. VI in the 
 Schedule ; the summonses and subsequent proceedings to be 
 the same as in ordinary cases. 
 
 35th Rule. — These Rules, and the Forms in the Schedule, hereunto 
 appended, shall be observed and used in all Couits holden 
 under the said Act in the County of Simcoe ; and in 
 cases not expressly provided for in the said Act, or by 
 these Rules, the General Principles of Practice in the 
 Superior Courts of Common Law at Toronto, may be 
 adopted a.d applied, at the discretion of the Judge. And 
 with reference to Forms for Proceedings, not contained in 
 the Schedule to these Rules appended, where practicable, 
 the Fofms prescribed in (he said Schdule shall be used 
 as guides in framing the same. 
 
 S6th Rule. — Wherever the singular number is used in these Rules 
 in reference to persons or things, it shall understood, when 
 necessary to give full effect to the Rule, to mean several 
 persons or things ; and every word importing the masculine 
 gender shall, in like manner when necessary, be understood 
 to include the feminine gender. 
 Dated, Barrie, January the 2nd, 1851. 
 
 (Signed,) JAS. ROBT. GOWAN, 
 
 Judge County Court, County of Simcoe. 
 
 Toronto, 6th January, 1851. 
 Approved. 
 
 Jno. B. Robinson, C.J. 
 J. B. Macaulay, C. J. C. P. 
 Signed, I A. McLean, J. 
 
 Wm. H. Draper, J. 
 R. B. Sullivan, J. 
 Robert E! Burns, J. 
 
 I 
 
12 
 
 V 
 
 SCHEDULF OF FORMS. 
 
 I. 
 
 /„ ^""«<"«^ ™ APPE*».-(See,i„„ 24.) 
 
 No. of .lem^iTT?"''"" '"''"'' ^'"" '*' ^"""'3' 0/ ««•«».. 
 Year Number 80 | 
 
 Between A. B. Plaintiff, 
 and 
 ToC. a, the above named Defendant ^' ^'' ^^^^"^ant. 
 
 ]lt^^ -^e, summoned 
 
 Z '" the Township ^f ^l^^ '^'^ 9°«[t to be holden at 
 
 »n the forenoon, to answer ih^ 2 ^' *®^— «* the hour of_- 
 
 ^-tnBct, lor i;, an rrn t C Trl^""^''^' '" ^ ^^^ion on 
 PIamt.ff-'s statement of claim hoLn V ^"' ^^' ^''^"^^^ ^^t forth in the 
 J«ur not so appearing the Plain t^^'" '""''"'^'' ^"'^ '" the event of 
 aga.nstyou by defauU.* ^'^'^tiff-may proceed to obtain Judgment 
 
 Dated this ■ i . 
 
 Claim, £ ^ ""^ A. D. 185 . 
 
 % the Court, 
 
 Costs exclusive ) Clerk, 
 
 of Mileage. J 
 
 NOTICE. 
 Take Notice that if tht. n«f i . 
 
 "1 italics] at the trial or hearing of T- ' T«rt omit the words 
 
 of any Statute of LimitaUon fr Ll '"c"'"^ ^'^ *^ take the benefit 
 
 r'''\''S.mdifasetoffXntaTniTJ^Z ^'"'"^ ^°tice thereof in 
 
 fomit the words hst in UaniTT^J^P^'^^^^^ 
 gi.ven to the Plaintiff- orllf/.f /• *^^ Action be for Tort! mustb^ 
 within the Division oVTe ft th/h rT'l f'^''*^'^ ^^ «bode, V livin. 
 flamtiff reside without the D^ttion ?^^ "^•''^^ ^^'^ ^-""-t, if hf 
 trial or hearing. ^^'Vis.on, at least six days before the saJd 
 
 - Miles tn.vel, A. B.. Bailiff*. 
 
^. 
 
 f Simcoe. 
 
 A. B. Plaintiff, 
 id 
 
 efendant. 
 
 re] summoned 
 be holden at 
 
 id County, on 
 
 e hour of 
 
 an Action on 
 
 t forth in the 
 the event of 
 
 ain Jud^jnient 
 
 Clerk. 
 
 ny demand 
 the Words 
 the benefit 
 thereof in 
 'uch set of 
 t J must be 
 ) if living 
 urt, if the 
 fe the said 
 
 eof. 
 
 ' 13 
 
 ( Where the Plaintiff intends to proceed under the 94/A Section., the 
 following to be inserted in the Summons after the Asterisk.) 
 
 And in case you are personally served with this Summons, 
 immediately after Judgment has been obtained against you, the 
 Plaintiff" will make application to the Court to examine you upon 
 Oath touching the manner and circumstances under which you 
 contracted the Debt [or incurred the damages or Jiability] which is 
 the subject of this Action, and as to the means and expectations you 
 then had, and as to the means you still have, of discharging the said 
 Debt, [or damage or liability,] and as to the disposal you may have 
 made of any property ; and application will also be made to commit 
 you to Gaol, under the Provisions of the Statute in such case made 
 and provided, in which case the Judge of the Court will proceed to 
 hear and determine such application, and make such order thereupon 
 as he shall think fit, whether you shall be then present or not. 
 
 In the- 
 
 11. 
 
 (Summons on a Devastavit. — Section 80.) 
 
 — Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff; 
 and 
 C. D., Executor of E. F., deceased, 
 
 Defendant. 
 To C. D., the above named Defendant, 
 
 You are hereby [as before {or as often before) you were] 
 summoned to be and appear at the next Sittings of this Court to be 
 
 holden at in the Township of on the — 
 
 day of A. D. 185—, at the hour of in the forenoon, 
 
 to answer the abo\^e named Plaintiff" in an Action of Contract, for 
 that you the Defendant have withheld and wasted divers goods and 
 chattels which where the property ofE. F., deceased, at the time 
 of his death, and which came to the hands of you, the Defendant, 
 as Executor of the said E. F., to be administered, whereby a certain 
 judgment recovered against you by the Plaintiff" at the Sittings of this 
 
 Court, on at for remains unsatisfied, 
 
 and in the event of your not appearing, the Plaintiff" may proceed 
 to obtain Judgment against you by default. 
 
 Dated this- 
 
 -day of- 
 
 -A. D. 185 
 
 (Add Notice as in Form I.) 
 
 I 
 
I » 
 
 14 
 
 Affidavit op service or q * 
 
 /« the j)f^.^ or W.._(Sec„„„ 88.) 
 
 '^"■^"^"iCou.ay o/Simcoe. 
 
 Between A.^B.,PUi„,ifl. 
 
 Sworn bete'n^: .7'^ '"'' *^™^- """""'^ 
 
 this ^d,^ „f — ^ToTi^ ^ 
 
 -Division Court.) ^' ^' 
 
 ■'!! ! 
 
 Ill 
 
 i 
 
 !i i 
 
 A. B., „f_il""7*»"'' W»S ON Co«T««T 
 
 written) ,oge,|,er with interest there™!] '° ""^^ "'^ *'''<='■ i» 
 
 A. B. 
 
 V. 
 
 A. B., of 1"™""«^ '" C.«ES 0, TOKT 
 
 the. Lj:^r---'«»te» that C D., of-J!!.^. . 
 
 unlawfully «ake^„;=:iZ^*r' »' ">« To^-jit^ „°l:i^out 
 
 Th*:nrh,Th' r^« '''«To:.''3Xf„^^^^^[- 
 -d o,ain>f.h'e irri,f^eMa.aget[o7hr^^^^^^^^^^ 
 
 -^ A. B. 
 
 Particulars m AoTmv« 
 
 ACTIONS AGAINST * PrrD^ 
 
 A T> Sureties —/'Qo.- !. •"* Bailiff and mc 
 
 Dv^s.on Court for the Courty'll^ f°^«-''«-] of the-__ 
 
15 
 
 I^IVISION, OR ,„ 
 
 Section 88.) 
 
 / of Simcoe. 
 
 ^•^', Plaintiff 
 and 
 
 'fendant. 
 
 said County (or 
 
 on the-. L, 
 
 — with a True 
 ^> by dehVering 
 service was not 
 ne necessarily 
 
 mount of ihe 
 ' of which is 
 
 A. B. 
 
 on or about 
 of ._ 
 
 A. B., [or 
 
 language.] 
 
 A. B. 
 
 A WD HIS 
 
 &c., and 
 
 covenant for the due performance of the duties of his said Office] the 
 
 sum of for monies had and received by the said C. D., as 
 
 such Clerk [or Bailiff] as aforesaid, in a certain cause in the said 
 
 Division Court, wherein the said A. B. was Plaintiff and 
 
 one H. H. was Defendant, to and for the use of the said A. B. the 
 payment whereof the said C. D. unduly withholds. And also, [stating 
 in like manner any other similar claim] — [or the sun nf 
 for damages sustained by the said A. B. through the misconduct [or 
 neglect] of the said C. D. in the performance of the duties of his 
 
 said office, for that on the day of — at — _ 
 
 (describe in ordinary language the neglect, or misconduct whereby 
 the* damage was occasioned).] 
 
 A. B. 
 
 In the- 
 
 VII. 
 
 Notice op Set Off (Section 43.) 
 
 — Division Court for the County of Simcoe, 
 
 Between A. B., Plaintiff, 
 and 
 
 C. D., Defendant. 
 
 The Plaintiff is required to take Notice that the Defendant will, 
 at the hearing of this cause, claim a set off against any Debt proved 
 against him by the Plaintiff. The particulars of the Defendants set 
 off are hereunto annexed. 
 
 Dated C. D. 
 
 VIII. 
 
 Notice of Defence under Statute. — (Section 43.) 
 
 In the- 
 
 Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 
 C. D., Defendant. 
 
 The Plaintiff is required to take notice that upon the hearing of 
 this cause the Defendant intends to give in evidence, and insist upon 
 the following ground of defence, namely : that the claim for which 
 he, the Defendant, has been summoned, has been barred by the 
 Statute of limitations, [or as the case may be.] 
 
 Dated day of ) 
 
 A. D. 185 . I 
 
 C. D. 
 
 !>., io 
 
 IX. (Not Approved. 
 
16 
 
 tll^ 
 
 NoTic. or Admission to Savi ir»«.„,. 
 
 Betwoen A. B., PJaintiff. 
 and 
 
 , The Plaintiff is required to t«lrA « »• ^.* ^•' ^«^«n^ant- 
 admit on the trial of tl'^ault^^^^ *'!«' the Defendant will 
 
 Plaintiff's particulars to bo correct for'th^ " '' '"^ ^^"^ •*«™» «<" «»>• 
 of the Promissory Note suedTpC^ for 1/th"^"'"^' «nd endorsement 
 
 Dated- da^ nfl. ^ *^ ^*'^° ""«)' ^')] 
 
 otll din™' ""^''^^ "«^ '^ -^-^-d with notice of fe't ^off, or of 
 
 xT 
 
 Between A. B., Plaintiff, 
 and ' 
 
 I acknowledge that [ am indebted to ih^fz!^^^"''^'''' 
 
 • ; and consent that Judijment L f»,5 ''^"' *^^ ''""^ «f 
 
 may be entered against mo in ihSlTJ 5 ^'"°""*' ^^^ Costs, 
 the Court. ^ *^'* ^'^"''^ accordinjr to the PrnnJn. .^ 
 
 Witness, 
 
 Dated the 
 Clerk, 
 
 cause according to the' Practice of 
 day of 165_ 
 
 XII. 
 
 CD. 
 
 I: 
 
 AmoAVT or Ex.coT.oN oP C„N„ss.oN.-(See.i„„ 54 ) 
 Me D.v^, Cour,/or the County „/«^ti 
 
 Between A. B., Plaintiff, 
 and 
 
 E. F. Clerk (or Bailiff) of the \^- ^^^^J^^ant. 
 
 said County [or of the said CourtlT^tro^ir'^?. ^T ^"' *^« 
 tlijs deponent, did see the above Conrpli a\ ^""^ ''"^'^ t^«t ^e, 
 said Defendant, and that he L 5^""^^''"?" ^"'^ executed by the 
 
 further that he deponent hJ: ;ot^et;:d'S t7l ^^^^^' -^"^ 
 
 o^^civeu, and IS not to receive 
 
KPBNSE IN Proof. 
 ^y of Simcoe. 
 n A. B., PJaintiff. 
 
 Defendant, 
 fie Defendant will 
 third items of the 
 and endorsement 
 nay be.) J 
 
 CD. 
 
 of sot off, or of 
 
 "(Section 54.) 
 of Simcoe. 
 A. B., Plaintiff, 
 
 )efendant. 
 ff in the sum of 
 unt, and Costs, 
 the Practice of 
 
 185— 
 
 CD. 
 
 tion 54.) 
 ' Simcoe. 
 ' B., PJaintiff, 
 
 indanl. 
 
 ^oitrt fc the 
 «>th that he, 
 cuted by the 
 s thereto, and 
 t to receive, 
 
 17 
 
 anything from the Plaintiff or Defendant, or any other person 
 [except his lawful fees] for takinar auch confession, and that he has 
 no interest m the demand, sought to be recovered in this action. 
 
 Sworn before me nf j 
 
 lin the — day of-— — 186 .( E. F. 
 
 A Comr. in B, R. in and for the said County [or Clerk, &c.) 
 
 XIII. 
 
 Summons to JuRORB.--(Section 35.) 
 In the DiviHon Court for the County of Simcoe. 
 
 ,L?.!ul u^^^^I i""»™«"®<* *o appear and serve as a Juror in this 
 
 -a I the hour of -upon 
 
 -is Plaintiff, and-- — > — 
 
 on- 
 
 Court to be holden at- 
 
 the trial of a certain cause wherein - 
 
 is Defendant — herein fail not at your peril. 
 Given under the Seal of the Court, this— 
 
 To—- 1 
 
 -day of- 
 
 •186—. 
 
 Clerk. 
 
 In the- 
 
 XIV. 
 
 Summons to Witness.— (Section 48.) 
 
 Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 „ . , CD., Defendant. 
 
 You are hereby required to attend at the Sittings of the said Court. 
 
 tL K "^"^ "^' . . ? ^^^ d«y of. 185-, at 
 
 the hour of— —-in the forenoon, to give evidence in the above 
 
 cause, on behalf of the above named— f [and then ^d there to 
 
 have and produce (state particular documents required) and all other 
 papers relating to the said action in your custody, possession or power. 1 
 
 Given under the Seal of the Court, this ^ay of 18^. 
 
 To-— 1 -• 
 
 Clerk of the said Court. 
 
 I 
 
1 
 
 
 (1^ 
 
 i 
 
 ! ! I 
 
 ■ 
 
 18 
 
 XV. 
 
 division Court forJHe County of Simcoe. 
 
 ^ Between A. B., Plaintiff, 
 
 and 
 
 Ordered that (he Trial oHMtPo.. l ,. ^* ^m Defendant. 
 
 [here «t«.e the terms or condtior^f^'^h^J^r ^'^^ ^ — 
 
 conditions of the adjournment if any.l 
 
 Dated^ I85_ By the Court, '^ 
 
 ■ Clerk. 
 
 XVI 
 
 JuDOMBNTAOAmsT Defendant FOR Dr«-r n 
 . In the Divunnn r , J *"" Damages. 
 
 ""'"^^^^f^ourt for the County ^Simcoe. 
 
 Between A. B., PJaintiff, , 
 
 and 
 
 It is adjudged that (he PlaintifT A^ ^' ^'' ^«^^"«*«nt. 
 
 ----Poundsl^Shilhng^^^^^^^^^ T'"'^ '^^ Defendant 
 
 the Defendant do pav (hn In!! . '^*^^* A"*^'* is Ordered Tul 
 
 of the Court, withfn^X;;/"' *'" ^osts of Suit, to [hf'cTe.k 
 
 Dated,. 
 
 —185—. 
 
 Judge. 
 
 In the- 
 
 XVJI. 
 
 Judgment for Defendant. 
 
 '^'--'o- Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 
 It is decreed that Tlll^.rm««* ^* ^'' defendant. 
 
 Defendant do recove'lS fhTpTal rlr'';.^ ^'«'"*'«i ^"'^ that the 
 
 satisfaction for his troubfe ?n th^M i^ f ^^^ '""» «f-- ^^as 
 
 And it is Ordered, That he PlaLi ^^''^^ ^ *^ '»'« <^««ts of defence 
 the Court within—Zda;,^^"'"*''^^^ ^'^ '^^ ''^^ to (he Clerk of 
 
 Dated,- 185_, 
 
 Judge. 
 
19 
 
 ^yofSimcoe. 
 
 B., Plaintiff, 
 and 
 
 !)•» DefendanL 
 
 led until- , 
 
 urnment if any.] 
 
 • Clerk. 
 
 In the- 
 
 Damaoks. 
 
 (tf Simcoe. 
 
 ^•» Plaintiff; 
 )d 
 
 •, Defendant. 
 »t the Defendant 
 s Ordered, That 
 "t, to the Clerk 
 
 Judge. 
 
 fSimcoe. 
 Plaintiff, 
 
 Defendant. 
 
 { and that the 
 
 ' —1 — as 
 
 sts of defence 
 o the Clerk of 
 
 Judge. 
 
 XVIII. 
 
 JanOMEffT FOR DiFKNDANT OW SiT OFF. 
 
 — Diviaion Court for the County of Simcoe. 
 
 Between A. B., Plaintiff; 
 and 
 C. D., Defendant. 
 It if adjudged that the Defendant do recover against the Plaintiff* 
 
 I ,. . „. P?"".l*^ shillings and pence, and it ii ordered 
 
 that the Plaintiff^ do pay the same, with the costs of suit to the Clerk 
 of the Court within i days. 
 
 Dated 186 . 
 
 -Judge. 
 
 XIX. 
 
 Judgment of Non-Suit, on Dismiss for want of Prosicution. 
 
 In the Diviaion Court for the County of Simcoe. 
 
 Between A. B., Plaintiff; 
 and 
 
 C. D., Defendant. 
 It is adjudged that a Non-Suit be entered in this cause [or that this 
 cause be struck out of the cause list] and that the Plaintiff" do pay 
 
 the Defendant and Costs, and it is ordered that the said sum 
 
 and the Defendant's Costs of Suit be paid by the Plaintiff* to the Clerk 
 
 of the Court, within days. 
 
 Dated, — 185—. jujg^, 
 
 XX. 
 
 Ordinary Judomint against Executors. 
 
 In the Diviaion Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Executor of E. F., deceased, 
 
 Defendant. 
 It is adjudged that the Plaintiff" do recover against the Defendant, 
 
 as Executor as aforesaid, the sum of and his Costs of Suit 
 
 to be levied out of the goods of the deceased in Defendant's 
 
 hands, to be administered, — failing such goods, the Costs to be levied 
 out of Defendant's own goods. Defendant ordered to pay the said 
 
 sum and costs within^ days. 
 
 Dated, 185—. judge. 
 
mi 
 
 \n> 
 
 , XXI. 
 
 Divmon Court for He CountyZ' Si„rn 
 
 and 
 , . ^" °-' ^"'""<" <"■£. F, deceased, 
 
 Debt and Cca^em™ '- "■" Coun.yo^T^f 
 
 Abated, ,Q5_ ^^^ ^ 
 
 Summons to show r. ^^^^' 
 
 ■^Z ''^9 0/Simeoe. 
 
 To ,v , ^^"^'"A-B P,ai„,ifl. 
 
 dT^^,™'""™ named ) "«' 
 
 Pla,nt,ff(<«- Defendant.) } C. D., Defendant 
 
 In the mean time all proceeding, Jn^f ^ ^'''^'' «« "f courl^ 
 Dated this . , ,^' '" *'"« cause are stay J 
 
 % the Court, 
 TVrAe Notice— That if you reouir^ ♦ " " ^ ^'e*. 
 
 days before the day o^I-Tgr""'^ "^^^^"» ^^e DiviL'^l'trllfa: 
 
 II 
 
 'the 
 'orde 
 D 
 
 Ori 
 
 In the- 
 at-^ 
 
 185- 
 
 Whe 
 
SI 
 
 
 ofE.F., deceased, 
 
 I^efondant. 
 \ and wasted iWy^^^ 
 
 ,'. .":; — *Jeceased, 
 laintiff-nn ^ * 
 
 O'-^ered, riwlh^ 
 
 ent so unsatisfied, 
 it'ng to the sum of 
 • the Clerk of th^ 
 
 Judge. 
 
 Nkw Trial. 
 o/Simcoe, 
 3-> PlaintiflJ 
 
 f^-, Deftndant. 
 
 nextSietinffsof 
 fJay nf- ° 
 
 lent rendered in 
 
 all subsequent 
 
 rial ordea-ed on 
 
 of are hereunto 
 
 gthe 
 
 f course, 
 itayed. 
 
 Clerk, 
 'it in Showing 
 «^0P7 thereof 
 Mual pJace of 
 .Clerk of the 
 'on, four clear 
 
 xxiir. 
 
 Order for New Trial. 
 
 Tn the Division Court for the County o/Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 n :- ^ J J 1 . CD., Defi idant. 
 Isub^aurnf nli' the Judgment rendered in this cause, and all 
 ' heZtles oT fi^tZ i" f ''"^" ""^ ." ^^^ '^'•'«' ^« had between 
 lorde? ^ made./ '^" '"'""' "^ *^""^'^'""^' '''«"^ °" ^^ich the 
 Dated 186-. ^^^ . j^^^^ 
 
 XXIV. 
 
 Order por imposition of Finib for CoNTEMPT.--(SecUon 75.) 
 At the ^Division Court for the County of Sincoe. holden 
 
 at- 
 
 Whereas- 
 
 -of- 
 
 in ODPn Pnhrf «* ,\^^.' T"*." ^^^^^"f ^"^ ^* *h« P'ace aforesaid, 
 
 wiS fnsu tii^ 'T f ' n ''"' ?"••' ""^ here holden did 
 1^ he view of th. r / .f .f" • ^T^^^J of the said Court, [or did 
 
 the said rl?r/S Court wilfully insult Clerk (or Bailiff) of 
 
 ^e sa d Court, durmg his attendance in the said Court {or did 
 wilfully .nterrupt the proceedings of the said Court).] Now he said 
 Court doth hereby order and adjudge that the said^i F shdl pa^a 
 
 nne ot- for such offence, to the Clerk of the vLvt 
 
 forlh w.th ; and in default of immediate payment of'sufh fine that the 
 sa«^— — -be committed to the Common Gaol of the County for 
 ^ays, unless such Fine, and the Costs herein, with the 
 
 J 1 — -— - —^•i * lUD, aim uie LyOSlt 
 
 expense attending the commitment, be sooner paid. 
 
 Girenunder the Seal of the Court this 
 A. D. ISS— . 
 
 By the Court, 
 
 -dav of- 
 
 Cferk. 
 
 XXV. 
 
 Order for the imposition op a Fine on a Juror for non 
 Attendance.— (Section 35) 
 
 rr f' Z?^''''^. 9!'''''^ f""' '^' ^^""'3/ of Simcoe, holden 
 1 863 County, on the day of- 
 
 Whereas it has been made appear to the Court that- 
 
 — of 
 
 J , — "^ — ^yy^^ai Kxj lue \^ouri tnat — of 
 
 was duly summoned to attend at this Court, now here 
 
 I 
 
lllll 
 
 22 
 
 holden, to serve as a Juror a « j l 
 
 appear at the said LuTin ^b^lwTt^ "'f ^'^ "^^ 
 
 the said Court doth herebv orlr T , . ® *^'^ summons. Ndw 
 shall pay a fine of J!!ll.fo?^ ,!"^/> ^hat the said ZZ 
 
 Court or on before the—JlZll ^r " ^' *" *^ ^'^''^ ^^ 'he said 
 
 Kiay ot~ [or forthwith.] 
 
 Given under the Seal of the Court > 
 the day and year first above written. J 
 
 By the the Court, 
 
 Clerk of the said Court. 
 XXVI. 
 
 Oa... .oa ,..os... o. P....,, ,, W...ss.>(Section 48.) 
 In tke .ni.isun. Court, far tke CourUy ofSimcoe. 
 
 Between A. B., Plaintiff, 
 and 
 
 Whereas it hath been m«rlo ^' ^'' ^®^**n^ant. 
 
 -was dX summoned! "I^V '^^ ^""-"t that-^ pf 
 
 Action at the SitL7oTthi Cott^'^on^"/^ ' ^'^-^ -^^ 
 namely : On the- ^ ^^t ^/"'^' "" 'h'« day and at this place, 
 also to produce--_ZII7I: ,1 ^~" 185—, at .^r^ J 
 
 a tender of payment] of ^hL rrasonabt'^/'^^ ^"^ '^'' payment^ or 
 
 h.m the said- Land whereaT hi saT"''' ^'^-'l"'^ "^«^^ »« 
 
 in obedience to the said summons r^h«v' ^'^ ««* «PPear 
 
 of the said summ.»nsdid wilfuUv refiS^ to h '^ '^P""'*"^ '" P"'-«"«nce 
 in^id Action (or to pSi s"u"hVc7rTl^ ^^'^^"- 
 
 ^^— r.--be,ng before the said Court at the ^L^^^'T ^ 
 
 at .__and being called nnnn • '"'"^^ ^^^'^""^ »« 
 
 '- -^ - n and there^.'ia ^u^tf V? Z'^^ j'^ !^« 
 
 above cause did then an^the e\Sl/r7 '"^ 'T ^^'^^"- ^^ 'he 
 evidence. Now the said Court doVhK u'^ *^, ^^ «^°"' and give 
 
 -ft«.^to the Clerk of\L Court, o';^^ neglect [or 
 
 of thii^d^Fr; sizt'^'f] 'h''^' thrs^m^zizi:^^;^ 
 
 this Action, betng he nartv in ^^. 'i' ^^'^ ^^''^ '« ^^HHlTn 
 the said--J-_^/'' P^'^^>^ ^"J^'-^d, by such neglect [or refusalfof 
 
 Given under the Seal of the Court this. 
 
 By the 
 
 185—. 
 
 Clerk. 
 
'"" did not 
 
 summons. Ndw 
 
 the said — 
 
 Clerk of tlie said 
 ' forthwith.] 
 
 Court, 
 
 he said Court. 
 
 —(Section 48.) 
 
 ?/" Simcoc. 
 
 , Plaintiff, 
 nd 
 
 Defendant. 
 
 hat— ^f 
 
 Witness in this 
 i at this place, 
 
 • [and 
 
 It payment [or 
 
 duly made to 
 lid not appear 
 I in pursuance 
 give evidence 
 
 hereas— ■ ^ 
 
 gs thereof on 
 idence in the 
 orn and give 
 adjudge that 
 I neglect [or 
 
 ^day of 
 
 ^ , part 
 
 r refusal] of 
 185—, 
 
 23 
 
 XXVIL 
 
 ExKCOTioN AGAINST THE GooDs OF DEFENDANT.— (Section 53,) 89. 
 
 In the Division Court for the County ofSimcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 Whereas ut the Sittings of the said Court holden on at 
 
 r— , by the Judgment of the said Court, the said Plaintiff 
 
 recovered against the said Defendant the sum of Pounds - 
 
 Shillings and Pence, for a certain Debt before that time due 
 
 and owmg to the said Plaintiff [or for certain damages sustained by 
 thesaid Plaintiff] together with Costsof Suit in that behalf expended ; 
 which said Debt [or Damages] and Costs were ordered to be paid 
 by the said Defendant at a day now past. And whereas the 
 Defendant has not made such payment; these are therefore [as 
 before (or as often before)] to comniand you forthwith to make and 
 levv by distress and sale of the goods and chattels of the 
 Defendant, wheresoever the same may be found within the County of 
 Sinicoe, [except the wearing apparel and bedding of the said 
 Defendant, or his family, and the tools or implemerits of his trade, 
 if any, to the value of £5] the said Debt [or Damages] and Costs 
 
 amounting together to the sum of and your lawful Fees on 
 
 the execution of this precept ; and also, and if necessary for that 
 purpose, to seize and take any Money or Bank Notes, and any 
 Cheques, Bills of Exchange, Promissory Notes, Bonds, Specialties, 
 or Securities fur Money, of the said Defendant which may be there 
 found, or such part thereof as may be sufficient for the satisfying of 
 this Execution, and the Costs of making and executing the same*, so 
 
 that you may have the said sum of within thirty days 
 
 after the date hereof, and pay the same over to the Clerk of the 
 Cou.rt for the said Plaintiff. 
 
 To- 
 
 Given under the Seal of the said Court this- 
 
 Bailiff of the said Court 
 
 Debt (or Damages) £- 
 
 Costs £_ 
 
 Execution £- 
 
 :\ 
 
 Clerk. 
 
^1 
 
 24 
 
 Whereas ot (he Siltine. of .1,;. r- '"'' . ^- ^■' Defendant. 
 
 •he «id Plaintiff idnot maU „ ??[' '«''<'«'' <"> -a. 
 
 «Uafec.i„„ „f .he Corn; K?" '"'"""" '» *'■» -"»^^ 
 for .herf"'"^"''^'™"' was gfvenl C !? f"*""" <■'» ^«^ 
 
 £p»tt ti-- "t'^-i5T,:,3i'^ -; 
 
 {rouble and at.endance in thaTZT^^ "^"^ «^ satisfaction for^hj^ 
 
 of £ '^' The ''^r' '"^ ™ '™ ntij'rit 'f "^'•"W™ M^ 
 
 "'"J. '"« said sum of-____ ,'""'*' 'f any, lo the vahio 
 
 execution of this preceptT^^T^^T-T^"') ^o" lawful Fee, o™he 
 BiiWESal' ""/Mone; :; 'BlfC?'J„f ""'Purpose 
 
 ^^^l^-nderojeseal^ofthec::^^^^ 
 
 ,B'"Wof^^r;i7^;;;~j ^'' —'««-• 
 
 c"ofc'|Z=Z ^ ^'»*- 
 
 Execution,je 
 
 XXTX 
 
 Between A. B.fptZ,^'^"''' "^ *''""«• 
 
 ""^ "•"•'^-''""ofE.F.,deoe,sed, 
 JVhereas at a sitting „f the said Court ImU Defendant. . 
 
 ■ ^y "•' J"dgn>eMt of the saw r' ,°"T at I 
 
 "10 said Court, Ihs mU pi.:-.,, I 
 
 ,, , iaililiu 5 
 
25 
 
 (Section 83.) 
 
 '^y of Simcoe. 
 itiflf, 
 
 > I^efendant. 
 
 > this cause to the 
 osecute his suit] 
 9 said Defendant, 
 
 hstj and it was 
 •ntiff should pay 
 tisfaction for his 
 •is Costs by the 
 ounting together 
 itiff has not paid 
 thwith to make 
 'Of the Plaintiff. 
 inty of Simcoe, 
 Plaintiff or his 
 nj', to the value 
 ful Fees on the 
 >r that purpose, 
 
 any Cheques, 
 5s or Securities 
 found, or such 
 this execution, 
 have the said 
 G and pay the 
 iant. 
 
 ■186—. 
 
 Clerk. 
 
 Simcoe. 
 
 '•) deceased, 
 3ndant. 
 
 recovered against the said Defendant, as Executor [ -as Admistrt- 
 
 torl of E. F., deceased, the sum of for a certain debt before 
 
 that time due, and owing to the said Plaintiff by the said E. F., in his 
 hfetime, together with his cogis of suit by the Plaintiff, in that behaif 
 expended, and it was ordered by the Court, that the Defendant should 
 pay the same accordingly, at a day now past, and the Defendant has 
 not paid the same, these are therefore to command you forthwith to 
 make and levy by distress, and sale of the goods and chattels, which 
 were the property of the said E. F., in his lifetime, in the hands of 
 the Deiendant to be administered, wheresoever the same may be 
 found withm the County of Simcoe, the said debt and the said cost? 
 
 amountmg together to the sum of together with the 
 
 costs of this execution, and also, and if necessary for that purpose, 
 to seize and Jake any Money, or Bank Notes, and any Cheques, 
 Bills ot Exchange, Promissory Notes, Bonds, Specialties, or Securi- 
 ties for money, which were the property of the said E. F., in his 
 lifetime, in the hands of the said Defendant to be administered, 
 which may be there found, or such part thereol as may be sufficient 
 for the satisfying of this execution, and the costs of making and 
 executing the same, if the Defendant hath so much thereof in his 
 hands to he administered, and if he hath not so much in his hands 
 to be administered, then that you make and levy of the proper goods, 
 notes, and chattels, money, &c., [repeat] of the Defendant, the sum 
 
 ^l', ~~ for the costs and charges aforesaid, and the costs of 
 
 this execution and levying the same, so that ycu may have the said 
 moneys within thirty days after the date hereof, and pay the same 
 over to the Clerk of the Court for the said Plaintiff. 
 
 Given under the Seal of the Court, this day of 185—. 
 
 To 
 
 Ijailiff of the said Court 
 
 Debt 
 
 Costs £' 
 
 Execution .£- 
 
 Clerk. 
 
 XXX. 
 
 Summons to Plaintiff on Interpleader.— (Section 102.) 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 Whereas of hath made a claim to certain 
 
 goods [or to certain securities, or money, (as the case ma v be.n 
 
 - - - sr '/J 
 
26 
 
 are herefore hereby »ummone°Und rf ''^"p"""' >« 'I'is ac(k,„, you 
 the Judge of the «1d ComXt^l^Jn"^ 'l^«'>d "Ppe-r b'eC 
 
 -ven under .he Se.> „f ,he_^:.t.bi:r^dfy of .gj 
 
 c'ai™. Which yfr; ':•„?":? r" i ^^^ '"» p-'-'-» of hi. 
 
 Between A. B., Plaimifl- 
 and ' 
 
 You are hereby summoned and r»-. • i ^' ^■' defendant, 
 holden on- La, '"'™*"«™ squired eo appear at a n,.„r. , i 
 
 ««ed and taicen i„ eZlum^^' Z'^f'^'i'"' '"» "'««'»« may Ml 
 
 :»xtir--^-»^^^^^^^^^ 
 
 Gtven under .he Seal of .he Cour., .hi ,„, „,___,3^ 
 
 ■ I ^'^'•k of the said Court.* 
 
 ^~ Court for t,e Coulj of ^,,^ 
 
 T, , . ^^^^^«^» A. B., PJaintiff. 
 
 JO whom It may concern. «"^' 
 
 A. B. of , . ^-^'j Defendant. 
 
•r attached] under 
 in this action, you 
 >nd appear before 
 
 ■ ^at the hour 
 
 ■ed upon and such 
 
 • 
 
 of .186—. 
 
 f the said Court. 
 
 articubrs of his 
 'he office of tiie 
 ring. 
 
 set. 102.) 
 
 ofSimcoe. 
 Plaintiff, 
 
 'efendanr, 
 t a Court to be 
 you to certain 
 case may be) J 
 cess issued out 
 hen establish- 
 ^ lot' the said 
 e exigency of 
 '"red five days 
 Clerk's office 
 you, and the 
 
 - — -185 . 
 e said Court. 
 
 J 02.) 
 
 Simcoe. 
 
 ntiff. 
 
 dant. 
 
 wing goods 
 >rattiichedj 
 
 27 
 
 under process issued out of this Court in this action, as it isallegod, 
 namely, [specify the goods and chattels or monies, &c., claimed,] 
 and the grounds of claim are, [set forth in ordinary language, the 
 particulars on which the claim is grounded], and thi« the said A. B. 
 will maintain and prove. 
 
 (N. B. If any action for the seizure has been commenced state, in 
 what Court and how action stands.) 
 
 Dated this —day of A.. B 
 
 XXXIII. 
 
 Ordbr on iNTeapLEADER SuMM0N8.( — Sect. 102) 
 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 It is hereby ordered touching th« claim of to certain gc^ds 
 
 and chattels [or as the case may be] seized and taken in execution 
 [or attached] in this action which the said has been sum- 
 moned to support his claim at this Court, that the said goods and 
 chattels [or moneys, &c., or part thereof, to wit : (specifying 
 them)] are the p-operty of the sai-j [or of the said Defend- 
 ant, (or are not the property o/ the said ) (as the case may 
 
 be,)] and it is further ordered [add any order which the Judge shall 
 think fit to make as to the disposal of the subject matter, &c.,] that 
 
 the costs of this proceeding be paid by the said to the Clerk 
 
 of the Court, at his office for the use of the said on or before the 
 
 day of 185—. 
 
 Dated this day of !85— . 
 
 Judge. 
 
 XXXIV. 
 
 Summons on behalf of Executor to revive Judgment. — (Sect. 73.) 
 
 In the Division Court for the County of Simcoe. 
 
 No. of De.nand 6 ) Between A.B., Executor of CD., deceased, 
 
 Year No. 80. J Plaintiff, 
 
 and 
 
 E. D., Defendant. 
 To E. D., the above named Defendant. 
 
 Whereas at the sittings of this Court [or of the late Court of 
 
 Request, known as Division No. in and for the then 
 
 District] held at on the above named C. D=. in his 
 
 I 
 
28 
 
 I'letime obtainorl a t..j 
 
 Da,ed.his ,,,„, ,^^ Sa.«s.,oub,,our 
 
 By (he Court, ■ 
 
 y Clerk. 
 
 Summon, ,„K.v,v.J™™,„ffJ^- ^ 
 
 No. of Demand 7 i „ ^'^ '*« ^-urrfy „y ^ ^ 
 
 yew No. 81 I ^^"'«» A. B., Plainiiff '""*'• 
 
 and ' 
 
 Amount claimed {^' ^'^ Executor of E. F, deceased 
 
 Costs exclusive of Mileage.^ / Defendant. ' 
 
 wu ^'^ -''^ «^°^e named Defendant 
 
 ^ Whereas at the Sittings nf .j,^^ *' 
 
 therefore hefeC J°"' "'. ^«<="""- of the said P I *«"=""» 
 
 Dated, hi, d,,„f ,g^_ "S"-^' 
 
 By the Court, 
 
 Clerk. 
 
Payment »f- 
 ito annexed, still 
 5utor as aforesaid, 
 ^ou are there- 
 ' of this Court to 
 to answer to the 
 e, why the said 
 [e ills execution 
 he event of your 
 inst you by your 
 
 Clerk. 
 
 —(Section 73.) 
 
 ^if Simcoe. 
 itiff, 
 
 • F, deceased, 
 jfendant. 
 
 ^ate Court of 
 ^en 
 
 obtained a 
 
 which 
 
 still remains 
 s execution 
 ^•> you are 
 »ngs of this 
 
 of to 
 
 y you have, 
 'gainst you, 
 o be levied 
 said E. F., 
 "d in the 
 red against 
 
 lerk. 
 
 29 
 
 XXXVI. 
 
 Decree on behalf op Executor to revive JuDGMEWT.~-(Section 73.) 
 
 In the Divmon Court for the County of Simcoe. 
 
 Between A. B., Executor of C. D., deceased, 
 
 Plaintiff, 
 and 
 
 E. D., Defendant 
 It IS decreed that a certain Judgment [set out the Judgment! be 
 revived .n favor of the Plaintiff, as Executor as aforesaid, again^ 
 the Defendau ; and it is ordered that the Defendant do pay thisum 
 
 o»- —being the amount remaining unsatisfi6d on the said 
 
 Judgment, to the Clerk of the Court within days. 
 
 Dated this -day of —185—. 
 
 ;"-— " — •■ Judge. 
 
 XXXVIL 
 
 Decree to revive Judgment as against ExEcuTOR.~(Sect. 73.) 
 In th € - f •.Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Executor of E. P., deceased, 
 .... - , Defendant. 
 
 rJV^ -c ^YJ ^f f«'n J^^gn^ent [^^t out the Judgment] be 
 revived in favor of the Plaintiff against the Defendant, as Executor 
 as aforesaid ; and it is ordered that the Defendant do pay the sum of 
 
 -_ being the amount remaining unsatisfied on the said 
 
 Judgment, to the Clerk of the Court within days. 
 
 Dated this -day of- -185 . * ' 
 
 Judge. 
 
 XXXVIII. 
 
 Execution against Executor on Decree to revive Judgment.— 
 
 (Section 73.) 
 
 /n the -^Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 
 C- D., Executor of E. F., deceased, 
 „„ „. . Defendant. 
 
 Whereas at a Sittings of the said Court holden on &c., at 
 
 It was decreed that a certain Judgment [set out as in decree] should 
 
30 
 
 should pay \he ^'^'r by the sa.d Court that the Defendant 
 
 unsatisfied on the said Judgment! at!ZV ^"'''""^ remaining 
 Defendant hath not paid the SeTLL^r"^/"'*' «"^ ^^^ 
 you forthwith to make and C bv SiXr '^7'^T *" ^'^"'"^^^^ 
 and chattels which were the 7opeV o the sa d E^'^t.^TJ" 
 time, in the hands of the said DpfpnZn* ♦ u said E. F. m his life 
 soever the same may be found 3 1° ^X ^^'"•"'^t^ed, where- 
 
 said sum of -tether wfthThLr ^J" ^rT'^^"^ S™^««» ^^e 
 
 also, and if necessary ?frtha TJ pose ^^^''^'^'^.^r'"*'^"- ^nd 
 or Bank Notes, anLny CheruerBil U nfVu ''^' i"^ ^^"«>^ 
 Notes, Bonds, Specialties orTprnrJr r ^^^/^^<=h«"ge, Promissory 
 property of the S E F in h?s ^1^ rl^^' •^T>^^ ^'^'^ ^^''^ the 
 Defendant to beXtste'red a mt h?lh'" * r' ^?^^ «^ *^« ««'d 
 thereof as may be suffic entiSr "e^^tis v n^^^^^^^ '' "^'^ P«^' 
 the Costs of executing the same 7n ?u* ^ ^'''', ^""^^"^'^n* and 
 
 ~ within thlrt^ daysX; the d Lrr.y ^f' '^l ^""^ '^ 
 
 e Clerk of the Jour orrh ""S feli"^ P«^ ^^^ «ame 
 
 — nr.,u,„ uiiriy aays after the date hprpof «. 
 over to the Clerk of the dourt for the said Siff 
 
 Given under the seal of the Conrt this ^day'of- 
 
 By the Court, 
 
 ■185—. 
 
 To- 
 
 Decree for- 
 Interest ...- 
 Execution- 
 
 Clerk. 
 
 XXXIX. 
 
 Transcript op Judgm.nt under 67th Section. 
 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 The following proceedings were had : 
 
 On the ^day '^^—-^^i^^mmons requiring the Defendant 
 
 r a Debt lor for nprnao-od « .• 
 
 to answer the Plaintiff's claim for a Debt Torf T""^ ^H ^^^^n^^nt 
 
 to £ was issued out oflis Court Tnfl^''"'^''^ '"'°""*'"g 
 
 the Statute in that behalf, on the_!LJ."dIv''r"'' ""'''''f''^ *« 
 
 Defendant was duly served with a rnnv «p ,u^ • j *"® ^aid 
 
 the particular, of [he PlainTir/clZ' by^** "T» "ff 
 
idant as Executor 
 hat the Defendant 
 imount remaining 
 ' past; and the 
 efore to command 
 
 sale of the goods 
 
 E. F. in his life 
 inistered, where- 
 Y of Simcoe, the 
 Execution. And 
 
 take any Money 
 mge, Promissory 
 
 which were the 
 ands of the said 
 id, or such part 
 ' execution, and 
 have the sum of 
 d pay the same 
 
 ►f- 
 
 •185—. 
 
 Clerk. 
 
 TION. 
 
 ^Simcoe. 
 
 Plaintiff, 
 id 
 
 Defendant. 
 
 the Defendant 
 Js] amounting 
 i according to 
 
 the said 
 
 imons, and of 
 Bailiff of the 
 
 le following 
 
 31 
 
 " It 18 adjudged, &c., [here copy Judgment.] On the .. 
 
 day of -_a Writ of Execution upon the said Judgment was 
 
 duly .ssued out of the said Court by the Clerk thereof, wMch S 
 
 cZi Ir"''''"''77J''''''t'^ ^" > « Bailiff ^f he Tfd 
 
 Gourmand commanded h.m the said to levy the sum of 
 
 ——of the goodsand chattels of the said Defendant. On the 
 
 in the following words." [Copy Bailiff's Return.] «°'"'™'l 
 
 Pursuant to the 67th Section of the Act passed in the Fourteenth 
 
 I„".°J."!i; Majesty's ReiRn. entitled: -An Act to amend and 
 
 consolidate the several Act. now in force, regulating the Practice of 
 
 tto"o'f°" f"""'"";!.™- C«nada, and to \x.en/the JurSil^ion 
 
 inereot, 1 Clerk of the said -D vision Court for thn 
 
 County of Simcoe, do hereby certify and declare hat t^'e forelit 
 IS a faithful transcript of the Judgment and proceedings n the abovf 
 r Court ' '' 'P^'" ^^ ''^' original Entriesind Re^l of 
 
 Given under the Soal of the said Court this day of— 185— . 
 
 ': ': - ' • Clerk. 
 
 XL. 
 
 Certificate of Judgment for Registration.— (Section 58.) 
 In the — Division Court for the County of Simcoe. 
 
 I, R. B., Clerk of the said Court, do hereby certifv that Jud^m^nf 
 
 was rendered in the said- Division Court, in faCof— !-!^ 
 
 Plamtiff, against C. D. of Defendant, on the 
 
 ^''y .f^, : '" *^« yea*- of Our Lord &c., in an Action 
 
 on Contract for-^ —-Pounds -Shillings' and-i_!l!! 
 
 Pence, Debt, together with Costs of Suit, in all —Pounds 
 
 Shillings and -Pence which Defendant ^fas ordered by the 
 
 said Court to pay— [or as the Judgment may be.l 
 Year No. 450. ) & - /J 
 
 No. of Demand 10. J 
 
 da^if^!L!!!!i^!_T ^'^"'^ ^""^ ^^^ ^^^^ ""^ ^^^ ^^'^ ^°"'"' *^^^ • 
 
 R. B. 
 
 Clerk of the said Court. 
 
 To A. B 
 
 XLI. 
 
 Application for Judgment Summons. 
 Clerk of the Division Court, County of Simcoe. 
 
 Be pleased to summon — 
 
 -of &c., to answer according to 
 
 I 
 
! 
 
 32 
 
 % ^ i? t1;:i^fe»^ f ^^ '- - ^r the H,..„e 
 
 wh.ch is hereunto annexed. ^''"'^' ^" "^3^ behalf, a copy of 
 
 . ^ C. D., Plaintiff. 
 
 „ XLII. 
 
 Summons to Dernivntiu^ . 
 
 In the Di2^LJT Jr"««T.-(Sect. 91.) 
 
 No. of demand, 5 ) ^'"''^"'* '^ ^^""^^ ^/^yimcJ. 
 
 Year No. 800 } ^ . 
 
 Between A. B., Plaintiff, 
 and 
 
 ^«M* ^•' *^® "^"^^^ *^amed Defendant ^* ^'» ^^^^ndant. 
 
 Whereas at the sittings of this Conr* L u . 
 named Plaintiff obtainfd a jndment)of^^^^ *^- ^^^ ^^ove 
 
 payment of .v^hich said^S^ii"' r '^ '?^'"«* ^«" for the 
 
 unsat.sfied~you are therefore herebT J i""" ^'i'^^''^ *t^» remains 
 next sittings of this Court to be hi^T'"'^ *" ?P«^' «* th« 
 
 of at the hour of tnhl^Vu ^'. ^o" the -»dav 
 
 Judge of the said Court touchinrvl """^ ^^ere examined by the 
 manner and circumstance und7^^^^^^^ «"^ ^^-^t^, an/ he 
 
 [or incurred the damages or llbilTttl J- "k ^^"t'-aoted the said debt 
 action in which the said judgment ^L^Jl'- T '^' ^^^J^^t of the 
 to the means and e^pectatinfr^Si Thentrf '^j'^"'"'* ^""' «"d «« 
 and means you still have, of discham^nl .? ' °"1 ^ ^^ the property 
 or habilityj, and as to the dispot,ToS t:f ^'^' ^^ ^« ^e^ 
 your property.-And take N?Z ^h«. "r ^ ^"''; "«^« ^^ ««/ of 
 obedience to this summons, you "^.^t J >^? '^^ "^* ^J'P^^r^n 
 committed to the Common Gao^ot tRid%:± '^ '^'' ^^"^*' ^ 
 Given under the Seal of the Pnnrf 4i.- 
 
 Amount of Judgment, [or Order 1 ^'' T^^^^ ^f" 
 
 Costs of this Summois.. :.:!'■''*•• By the Court, 
 
 mill. ' ' — '" — ^'®'^^- 
 
 Warrant op Commitment in j^etI^vltof A ... 
 
 In the Division rlJ J « ^''^''''=-^^^^«-»2.95.) 
 
 No. of Demand 6 ) ^'"'^^'^ '^^ ^'^^^^ of Simcoe. 
 
 Year No. 801. } 
 
 Between A. B., Plaintiff, 
 and 
 
 To- -«., Bailiff of i\.^ j .. ^' ^•' 'defendant. 
 
 ^ > Bailiff of the said Court, and to all Constables and 
 
« by the judgmsnt 
 behalf, a copy of 
 
 0., Plaintiff. 
 
 -(Sect. 91.) 
 o/Simcoe, 
 
 Plaintiff, 
 id 
 
 Defendant. 
 
 |» &c., the above 
 inst you for the 
 ] still remains 
 ' appear at the 
 
 J the -,day 
 
 xamined by the 
 'fleets, and the 
 d the said debt 
 
 subject of the 
 St you, and as 
 5 the property 
 
 [or damages, 
 lade of any of 
 lot appear in 
 this Court, be 
 
 -(Secs.92-95.) 
 ^imcoe. 
 
 iff, 
 
 lant. 
 stables and 
 
 S3 
 
 Peace Officers of the County of Simcoe, and to the Gaoler of the 
 ' Common Gaol of the said County. 
 
 Whereas at the Sittings of this Court, holden at on the 
 
 <^ay of , the above named Plaintiff, by the 
 
 Judgment of the said Court, in a certain suit wherein the Court had 
 I jurisdiction, recovered against the above named Defendant the sum 
 
 M Di • 'ti " ^®^^^'" I^^bt before that time due and owing to the 
 said Plaintiff [or for certain damages sustained bv the said Plaintiff! 
 together with Costs of Suit in that behalf expended, which said 
 Debt [or Damages] and Costs were ordered to be paid by the 
 [ Defendant at a day now past. And whereas the Defendant not 
 having made such payment, upon application of the Plaintiff, a 
 summons was du'y issued from and out of the said Court against the 
 said Defendant, by which said summons the Defendant was required 
 
 to appear at the Sittings of the said Court holden at on &c., 
 
 to answer such questions as might be put to him touching [set out 
 as m the summons]— And whereas it was duly proved on oath at 
 the said last mentioned Sittings of the said Court, that the said 
 Defendant was personally served with the said summons, — and 
 whereas the said Defendant did not attend as required by such 
 summons, or allege any sufficient cause for not so attending :— And 
 thereupon it was ordered by the Judge of the said Court that the 
 
 said Defendant should be committed for the term of days to 
 
 the Common Gaol of the said County, according to the form of the 
 Statute m that behalf; or until he should be discharged by due 
 course of law, according to the provisions of the Act of Parliament 
 m that behalf These are therefore to require you, the said Bailiff 
 and others to take the said Defendant and to deliver him to the Gaoler 
 of the Common Gaol of the said County.— And you, the said Gaoler 
 are hereby required to receive the. said Defendant, and him safely to 
 
 keep m the said Common Gaol for theterm of days, or until he 
 
 shall be sooner discharged by due course of law, according to the pro- 
 vision of the Act of Parliament in that behalf For which this shall 
 be your sufficient warrant. 
 
 Given under the Seal of the Court, this day of 185.— 
 
 Clerk of the said Court. 
 
 XLIV. 
 
 Warrant op Commitment after Examination.— (Sections 92-95.) 
 
 In the Division Court for the County of Simcoe. 
 
 No. of Demand 5 ( Between A. B., Plaintiff, 
 
 Year No. 800. J and 
 
 C. D., Defendant. 
 
 To Bailiff of the said Court and to all Const?.bl8s nnd 
 
 Peace Officers of the County of Simcoe, and to the Gaoler of the 
 Common liaol of the said County : 3 
 
 I 
 
34 
 
 Whercaj at .ho Sittinpg of this Court hol.Ion nt .. I 
 
 [or for <..or.«i„ i)«m;^. ". W "l"^^ t'^^' '''^ *''«'"''«' 
 
 with Costs of Suit in that cf. ^ ^ '""' I'laintin'] togcthor 
 Damages] and Costs' ^e'ronl^'^ f- 
 
 day n.)w past.-And whereas ,ho DeA^nC In ^'^''''^T "^ " 
 payment, n,,,,,. application of tho P ai r """"^ """^^ ""^''^ 
 
 issued from and oit of the said C LVn '/. ''"•"'"°"« was duly 
 which said summons I)e bnd, wa 1 *^'""'f '''" *""' '^'^'fe'^'ant, hy 
 of the said Court, UnUlT T"'' '^'' '^ '^^^^ ^^ "Ppoar at tho Sitting. 
 
 as might ho put to him touching fset oufns'i ^m''''"''"''' ^?'''''""» 
 
 whereas the Defendant, havinVduvn.r '"''"?'"""''• "-^n^l 
 
 pursuant to the said «ummonrw .^xa^'med" " I •'''" T^ ^''"^^ 
 
 whereas it appeared on cxami.mtrm f^^*''''"^'' &c.— And 
 
 of tho said Court that f ere inso m^^^^^^ to the satisfaction of the Judge 
 
 in the hmguage S t theTt e^^^^^^ of commitme'nt 
 
 incurred the Deht (or liahilitv^ tul Lw i .\-'^ ^^''^ Uerendant, 
 
 pretences, [or hy Lan so Z j'' , ^eac . f ?"'' 'f"' .""'^«'' ^«'«« 
 
 It was ordered hy the said JuZ' that tl n . n"r^ '.""'' ^'"^''^"P"" 
 
 committed for tJiJ term of—lJ:,,"'''" '";!^ ^^-'ren.hmt shoukl he 
 
 «oid County, according to the form T.l c. Common Gaol of the 
 
 until h. should he cliX^ax hy ,?^,e co 1 o?"'' '" ^^.tlMf^ or 
 
 provisions of the Act of Pnri;,.i ? .°^'"^' "^'••o'''''ng to tho 
 
 therefore to requTre vou, t .e saHf^il ff ^/ " V '^''"^ »- 
 
 Defendant and to dehVer'him to tL G^L f ^^^ n''' *" '"''^ ^^' ««i^l 
 said County; and you the Ta G^Ke ifn h ^^^^^ 
 the sa.d Defendant and him safely kcopn ^^.7^""'^ '" ''"^''''^ 
 
 the term of .jays or until h? ii ""' ^^""^''"''^ ^aol for 
 
 due course law, accordin/ti he i "^ ^ .^^ ^1'% tt'^^' ''^ 
 that hehalf. For which this sLiI hrv,"- '^'^ "'^ Parliament in 
 
 Given under the Seal of the C urt is'^' "f ""/ ""••""^- 
 
 ""' ""=* day of-— ,185 
 
 Clerk of the saidCourt. 
 
 r XLV. 
 
 t/ERTIFICATE FOR DtfrHtnnv «^ . 
 
 tke J).,^s^on Court for the County of SiLoe. 
 
 No. of Demand 5 ) Between A. B., Plaintiff, 
 
 Vear No. 800. \ r n ""^ 
 
 I do hereby certifv fh«t ♦»,« n r i ' Defendant. 
 
 sdiu warrani, to wit, on the^ .Ux, '^7' " '""'' "": . '''^^"ing of the 
 
 Wl 
 
 •day of- 
 
 paym 
 made 
 at th( 
 appea 
 swori 
 when 
 going 
 sitting 
 give c 
 to bo 
 and a 
 for su 
 Court 
 And ' 
 are th 
 with I 
 of the 
 Couni 
 said— 
 if anj 
 togetl 
 of thi 
 and a 
 Speci 
 then I 
 
 paid and satisfied 
 
' — on theL 
 
 tlie JudKment of] 
 IuhI jurisdiction, 
 
 sum of — - 1 
 
 tlio said i'luintiffl 
 laintifl-] togotlior 
 h Nuid Dobt [or 
 ' f>ofenduni at « 
 ving mudo such 
 rnons wns duly 
 d Dofeudunt, by 
 »r «t tlio Sittings 
 >r such questions 
 iinmons.J — And 
 tlio said Court 
 ing, &c — And 
 >n of the Judge 
 ' of commitment 
 aid Defendant, 
 Jion under false 
 ; and thereupon 
 dant should bo 
 ion Gaol of the 
 that behalf, or 
 'cording to the 
 If. Those are 
 > lake the said 
 rionGaoIofthe 
 lired to receive 
 Tiinon Gaol for 
 discharged by 
 Parliament in 
 warrant. 
 
 185—. 
 
 saidCourt. 
 
 • — (Sect. 99.) 
 
 Simcoe. 
 u'ntifr, 
 
 endant. 
 
 ustody under 
 ssuing of the 
 and satisfied 
 
 35 
 
 the debt [or damaj;es], for the non payment whereof, he was so 
 committed, tcjgether with all costs and charges due and payable by 
 him in respect thereof and the said Defendant may in respect of such 
 warrant bo forthwith discharged from and out of your custody. 
 
 Given under the Seal of the Court, this day of 185 . 
 
 To the Gaoler of the Common ) ————___ 
 
 Gaol of the County of JSimcoe. \ Clerk. 
 
 XLVI. 
 
 Warrant to Levy Fink upon Witness.— (Sect. 4.8.) 
 
 In the Division Court for the County of Simcoe. 
 
 Between A. H., Plaintiff, 
 and 
 C. D., Defendant. 
 
 Whereas at the sittings of the said Court holden on at 
 
 -it was made apj)oar to the Court that of was 
 
 duly summoned to bo and appear at the said sittings as a Witness in 
 this action [and also to produce — (as the case may be)] and that 
 payment [or a tender of payment] of Iiis reasonable expenses was duly 
 
 made to him the said and whereas the said did not appear 
 
 at the said sittings in obedience to the said summons [or having 
 appeared in obedience to the said summons, did wilfully refuse to be 
 sworn, and give evidence in the said action (or to produce such 8tc.) ], 
 where a witness in Court refuses to give evidence, instead of the fore- 
 going) " Whereas of being before the said Court at the 
 
 sittings thereof, on at and being called upon to 
 
 give evidence in the above cause did then and there wilfully refuse 
 to be sworn and give evidence."] And thereupon it was ordered 
 
 and adjudged by the said Court, that the said should pay 
 
 for such neglect [or refusal] a fine of to the Clerk of the 
 
 Court on or before the day of [or forthwith]. 
 
 And whereas the said hath not made such payment, these 
 
 are therefore [as before or as often before], to command you forth- 
 with to make and levy by distress and sale of the goods and chattels 
 of the Defendant, wheresoever the same may bo found within the 
 County of Simcoe, [except the wearing apparel and bedding of the 
 
 said or his family, and the tools and implements of his trade, 
 
 if any, to the value of £5], the said fine and costs amounting 
 
 together to the sum of and your lawful fees on the execution 
 
 of this precept, and also to seize and take any money, or Bank Notes 
 and any Cheques, Bills of Exchange, Promissory Notes, Bonds* 
 Specialties or Securities for money of the said which may be 
 
 tlion fitlinf) nr ciioK narf ttinror<roa mmr Ua •■.m^iont C^.. iU.^ _««:„<*..? 
 
 3* " 
 
36 
 
 ttt^sror.!^^^^^^^ --' -/^'at you n^ayhave 
 '''*""" :^»y« after the date hereof, and 
 
 pay the same over to the Clerk of the'cou f 
 
 G.ven under the Seal of the Court, ths 
 pP - - Bai hff of the said Court. 
 
 Costs^ 
 
 Execution 
 
 -day of ^1^5 — 
 
 XLVII. 
 
 W.,, o. Commitment . OH Co.^^^^^^ 
 
 Officers of the clt^ o^Jl'-^^ fo 'th: 'c ^^"^1'^^ ^^ P-- 
 Gaol of the said County. *''^ ^^"'^'" ^^ the Common 
 
 of the said Court (or did unla vfuul n^ T^u'^""^ f"*" B«'""ffJ of 
 
 -id Court)], andSheJeupon W'ord K ^^ '^e 
 
 Court that the said -should oavrfino ? '"''^P^ ^y ^^^ said 
 
 to the Clerk of the , ad Court frfXv^WK ^^TT-Tfo'' said offence, 
 
 diate payment of such let^t I ^raid' '"' 'h ^,f."'^ °^ •™"^- 
 to the Common Gaol of the Countv ..""7""'''°"'^ ^^ committed 
 Statute in such case maL and nrovirL 'i'''^ ^"^ *^'' -'«''«^ «f the 
 
 did not pay [or ^'^^l^c' r;:^{^c' :^^^^ — 
 
 amounting together to the sumT---lin 1^"^ '"^ *^^ «««f«» 
 order-These are therefore to require von Th •!'*rif.^ *« ^^e said 
 
 to take the said /if hrS7p f !.'''^.®"'''^' and others 
 
 Simcoe. and deliver him o the said ^0?""^""^^"" '^^ ^lounty of 
 the County of Simcoe^and /ou^e S r«nl '^' ^^^^^^ «««' "^ 
 
 to receive the said and h:m ^^ , ^^^ ^'^ ^^''^by required 
 
 aforesaid, for the the term o"ll^"u£'th? 1" .^^^^^"^"^onVad 
 w.th the expenses attending the comm^^mlnV '• ^"^ ^"d costs, 
 
 sura of be sooner paid "''""^''"^^"^ amounting together to th^ 
 
 ?ilLV"^l' 7 ^'"^' ^"^ ^^'-"J 'his day of 
 
 Sealed with the Seal i,f ♦!.« r...... aay ot- 
 
 
 -■ . 7 "v """u ana seal this — 
 Sealed with the Seal of the Court, 
 
 -Clerk [L. S.J 
 of the said Court. 
 
 \ 
 
 Judge. 
 
37 
 
 you may have 
 »te hereof, and 
 
 of- 
 
 -183— 
 
 ction 75.) 
 
 Simcoe. 
 
 'es and Peace 
 
 the Common 
 
 -at— — in 
 -did wilfully 
 t [or did in 
 >r Bailiff] of 
 edings of the 
 J by the said 
 said offence, 
 ti't of irame- 
 )e committed 
 
 form of the 
 
 said 
 
 d the costs, 
 
 to the said 
 J and others 
 e County of 
 mon Gaol of 
 eby required 
 )mmon Gaol 
 
 and costs, 
 jether to the 
 
 — [i^.S.] 
 Judge. 
 
 XL VIII. 
 
 Form of Bond on Seizure or Sale op Perishable 
 Propertt.( — Section 70.) 
 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 Know all men by these presents that We, A. B., of [insert place 
 
 of residence and addition] the above named Plaintiff, E. F., of &c., 
 and G. G. of &c., are, and each of us is, jointly and severally held and 
 
 firmly bound to of &c., the above named Defendant, in the 
 
 sum of of lawful money of Canada, to be paid to the said 
 
 Defendant, 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 binds himself, his Heirs, Executors and Administrators, 
 firmly by these presents. — 
 
 Dated the day of 
 
 Whereas the above named Plaintiff hath sued out of the above 
 named Court a warrant of attachment against the goods and 
 chattels of the above named Defendant, and hath requested that 
 certain perishable property, to wit : [specify property] belonging 
 to the said above named Defendant, may be seized and forthwith 
 exposed and sold under and by virtue of the said warrant of attach- 
 ment [or whereas certain perishable property to wit: • 
 
 belonging to the above named Defendant have been seized under and 
 by virtue of a warrant of attachment issued out of the above named 
 Court, in the above named cause, and have been duly appraised and 
 
 valued at the sum of -and are now in the hands of the 
 
 Clerk of the said Court, — and whereas the said above named Plaintiff 
 hath requested the said Clerk to expose and sell the said goods and 
 chattels as perishable property] according to the form of the Statute 
 in that behalf. Now the condition of this obligation is such, that if 
 the said above named Plaintiff do repay to the said above named 
 Defendant the value of the said goods and chattels, together with all 
 costs and damages that may be incurred in consequence of the seizure 
 and sale thereof, in case Judgment be not obtained by the Plaintift 
 according to the true intent of the 70th Section of the Act 13 & 14 
 Vic. Cap. 53, then this obligation to be void, — else to remain in 
 full force and virtue. 
 
 Signed and Sealed in the ) A. B.. [L. S.] 
 
 presence of ] E. F. [L. S.] 
 
 G. G. [L. S.j 
 

 'P 
 
 i '* 
 
 I'i 
 
 38 
 
 XLIX, 
 
 Form op Bond on Supersedeas to Warrant op Attachment. 
 
 (Section 67.) 
 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, , 
 
 and 
 T, „ , , C. D., Defendant. 
 
 Know all men by these presents, that We, C. D., of [insert place 
 01 residence and addition] the above named Defendant, E. F., of &c. 
 and G. G., of &c., ai-e, and each of us is, jointly and severally held 
 
 and firmly bound to , of &c., the above named Plaintiff, in 
 
 the sum of-__-of ?awful money of Canada, to be paid to the 
 said Plaintiff, his certain Attorney, Executors, Administrators and 
 Assigns, for which payment well and truly to be paid, we bind 
 ourselves, our Heirs, Executors and Aministrators, and each and 
 every ofus binds himself, his Heirs, Executors and Administrators, 
 
 lirmly by these presents.— Dated the -day of 
 
 Whereas the above named Plaintiff hath sued out of the said above 
 named Court, a warrant of ittachment against the goods and chattels 
 
 ot the said above named Defendant for the sum of And 
 
 under and by virtue of the said warrant of attachment certain goods 
 
 and chattels of the said Defendant, to wit : [specify property seized! 
 
 have been seized and attached ;— And the said Defendant desires that 
 
 ttie said warrant be superseded, and the said property so attached 
 
 7tV,.t-^''V'^^' *''^ provision of the 67th Clause of the Act 
 
 u u -r- F^P- ^^- ^""^ ^^^ condition of this obligation is 
 
 such, that if the said Defendant do and shall, in the event of the 
 
 claim m the said cause being proved, and Judgment being recovered 
 
 thereon, as in other Cc es where proceedings have been commenced 
 
 against tlie person, pay the same, or pay the value of the said 
 
 property so taken and seized, as aforesaid, to the said Plaintiff, or 
 
 shall produce such property whenever thereunto required to satisfy 
 
 such Judgment, then this obligation to be void,-else to remain in 
 
 lull lorce and virtue. 
 
 Signed and Sealed in the ) C. D. f 1 
 
 presence of . ( E. F.* f 1 
 
 G.' G. [ ] 
 
 L. 
 
 Allowance to Witness.— (Section 48.) 
 
 Perday Q 2 
 
 Travelling expenses per Mile one way o 6 
 
 [No more than 6s to be allowed to Witness for any one day's 
 
 7) 
 
 <1 
 o 
 o 
 
 I 
 
39 
 
 rTACHMENT. 
 
 ' Simcoe. 
 
 aintiff, ^ 
 
 efendant. 
 r [insert place 
 E. F., of&c, 
 severally held 
 1 Plaintiff, in 
 e paid tu the 
 listrators and 
 aid, we bind 
 ind each and 
 dministrators, 
 
 he said above 
 s and chattels 
 
 . And 
 
 certain goods 
 party seized] 
 t desires that 
 y so attached 
 >e of the Act 
 obligation is 
 event of the 
 ng recovered 
 t commenced 
 I of the said 
 Plaintiff, or 
 ed to satisfy 
 to remain in 
 
 ^ 
 
 s c 
 
 S. B. 
 
 2 
 6 
 y one day's 
 
 
 •2 
 
 .2 
 
 
 
 S J "« t 
 
 V. B e 
 
 £ ll N 
 
 5» 
 
 ^1 
 
 " as 
 
 12 « 
 •• j» S" 
 
 M 
 
 ai 
 
 V 
 
 
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 >« :? t? 
 
 WHO 
 
 T3 '-' 
 
 
 at 
 
 (0 
 
 be 
 
 a) 
 
 
 0) 
 
 ■y 
 
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 ei 
 
 9 
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 (0 
 
 <• 
 
 XI 
 
 
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 O4 
 
 
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 tf 
 
 
 
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 tti 
 
 
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 « 
 
 « 
 
 
 
 0) 
 
 :2 
 
 
 ■a 
 
 i 
 
 
 •*-* 
 
 
 
 3 
 
 V 
 
 
 ^ 
 •♦-* 
 
 
 
 ^ 
 
 
 
 *-• 
 
 ;£ 
 
 
 '^ 
 
 •5 
 
 
 t) 
 
 
 
 s 
 
 
 
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 d) 
 
 X3 
 
 
 -§ 
 
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 09 
 
 
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 CASH 
 
 40 
 LI I. 
 
 Cash Book 
 RECEIPTS. 
 
 Account of Suitors' Money paid into the 
 
 Division Court for the County of Simcoe, commencing 
 the 1st of January, 1851. 
 
 No. 
 
 Style of Cause. 
 
 When 
 Received. 
 
 From whom 
 Received. 
 
 Amount. 
 
 47 
 100 
 250 
 153 
 
 Doe vs. Roe. 
 Den vs. Fen et al, 
 .Tames ats. Jones. 
 Thomas vs. Roe et d. 
 
 24th Jany. 1851. 
 27th Jany. " 
 28th Feb. « 
 10th April, " 
 
 Defendant. 
 Bailiff. 
 Plaintiff. 
 Wm. Roe. 
 
 £ s. d. 
 10 
 
 5 10 
 
 18 4 
 
 20 11 8 
 
 Receipts up to 30th of April, 
 
 Paid to Suitors aa per Payment Ace 
 
 £ 
 
 ount, 
 
 37 
 
 27 
 
 ct Quarter, £ 
 
 
 
 Balance in Court 30th I 
 
 • 
 
 kpril, canied to ne. 
 
 10 
 
 To Cash Balance remaining in Court 30th April, £ 
 
 357 
 
 Johnston ats. Wilson. 
 &c. 
 
 3rd Sept. 1851. 
 &o. 
 
 from Plaintiff, 
 &c. 
 
 10 
 
 2 7 6 
 
 No. 
 
 100 
 
!> A S H 
 
 immenctng 
 
 tn 
 
 Amount. 
 
 
 £ 8. d. 
 10 
 
 5 10 
 
 18 4 
 
 20 11 8 
 
 .. £ 
 
 37 
 27 
 
 .. £ 
 
 10 
 
 . £ 
 
 10 
 
 2 7 6 
 
 41 
 
 BOOK. HI. 
 
 Cash Book 
 PAYMENTS. 
 
 Account of Suitors' Monies paid out of the 
 
 Division Court for the County of Simcoe, commencing 
 the \st of January, 1851. 
 
 No. 
 
 Style of Cause. 
 
 100|Den vs. Fan. 
 
 153 Thomas vs. Rot et al. 
 
 250 James ats. Jones 
 
 Payment up to 30th of April, 
 
 ..£27 
 
 357 
 
 Johnston ats. Wilson. 
 
 &c. &c. 
 
 20th Sept. 1851, 
 
 Defendant. 
 
 2 7 6 
 
LIII. PROCEDURE BOOK. 
 
 First DIVISION COURT for the County of SIMCOE. 
 
 Ensuing Sittings, QBth February, 1851. 
 
 200 — Year Number. 
 
 JOHN DOE, 
 Tovm cf Barrio. 
 1851 
 
 Number of Demand 
 vs. RICHARD ROE, 
 
 Toumship of Vespra. 
 
 — 1 
 
 10th Jany. 
 
 11th, 
 24th, 
 28th, 
 10th Feb. 
 
 Receive particulars of Plaintiff ^s demand (on contract) for £2 
 
 and Plaintiff paid Is. 8(1. towards costs. 
 Issued Summons to Bailiff, costs Is 8d, and mileage. 
 Summons returned, served. 
 Defendant paid £2 1 8, demand and costs. 
 Paid Plaintiff £2 1 8, demand and costs deposited. 
 
 201 — Year Number. 
 
 JOHN DEN, 
 Toumship of Oro. 
 
 Number of Demand — 2 
 vs. THOMAS FEN, 
 
 Tovm of Barrie. 
 
 10th Jany. 
 
 12th, 
 20th, 
 8th Feb. 
 13th, 
 
 20lh, 
 
 20th March, 
 
 24th, 
 
 Received particulars of Plaintiff ^s demand (for tort) for £5; 
 Plaintiff paid on account of costs 15s, and directed two 
 subpoenas, and gave notice to try by Jury. 
 
 Issued Summons to Bailiff, costs 5s 9d, and mileage. 
 
 Summons returned, served. 
 
 Issued Jury Summonses and Subpoenas to Bailiff. 
 
 Jury Summonses returned served, 10 miles travel, Sub- 
 poenas served also. 
 
 Cause tried, verdict for Plaintiff £5, Judgment thereon 
 for same and costs, ordered to be paid in 30 days. 
 
 Taxed Costs : Fee Fund 3s, Clerk 6s 3d, BaiUff 12s 4d, 
 Jury 28 6d, Witnesses per Affidavit 10s. = £1 14 1 
 
 Defendant paid £6 14 Id, in full of Judgment and Costs. 
 
 203 — Year Number. 
 
 JAMES JONES, 
 ToMmship of Innisfil. 
 
 Number of Demand 
 vs. THOMAS THOMPSON, 
 
 Town of Barrie. 
 
 11th Jany. 
 
 12th, 
 1st Feb. 
 3rd, 
 20th, 
 
 lOthMarch, 
 
 <( 
 
 IN. 
 
 Received particulars of Plaintiff^ s demand (on contract) for 
 
 £25, and 6s 6d on account of costs from James Patton, 
 
 Plaintiff's Attorney. 
 Issued Summons to Bailiff, costs 6s 6d and mileage. 
 Summons returned served, 9 miles travel. 
 Defendant executed cognovit for £25. 
 Judgment given for Plaintiff, £25 and costs, to be paid 
 
 in 30 days. 
 Taxed costs : Fee Fund Os 6d, Clerk 4s 6d, Bailiff 
 
 4s 6d, = 16s 6d. 
 Defendant paid £25 153 6d, Judgment ?,nd Costs. 
 
 B. — 1 he proceedings subsequent to Juugment may be entered and 
 continued in another part of the "Procedure Book." 
 
 Numbe 
 1 
 
 2 • 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 10 
 11 
 12 
 IS 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 36 
 
►E. 
 
 ry, 1851. 
 
 Demand 
 
 — 1 
 
 ra. 
 
 ract) for £2 
 ige. 
 
 ted. 
 
 Demand — 2 
 
 t) for £5; 
 ected two 
 
 lage. 
 
 fF. 
 
 ;vel, Sub- 
 It thereon 
 lays. 
 
 iff 12s 4d, 
 Zl 14 1 
 md Costs. 
 
 ■ Demand — 3 
 IPSON, 
 
 arrie. 
 
 itract) for 
 es Patton, 
 
 ge. 
 
 to be paid 
 d, Bailiff 
 sts. 
 
 bd entered and 
 
 43 
 
 The foregoing is a transcript of the Rules of Practice, and Forms for the 
 IMvisim Courts in and for the County of Simcoe, as approved by the Judges 
 under the 44th Sec. of the Act, 13 & 14 Vic. ch. 53. 
 
 Barrie, 16 January, 1851. 
 
 JAS. ROBT. QOWAN, 
 Judge County Court, County of Simcoe. 
 
 Number. 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 10 
 11 
 12 
 
 n 
 
 14 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 INDEX TO RULES. 
 
 Clerk's Office, where to be held. 
 
 Books to be kept. 
 
 As to the mode of entering Account or Demand. 
 
 Requisites in Account or Demand. 
 
 As to mode of Numbering by Clerk. 
 
 Form of Summons prescribed. 
 
 In respect to Plaintifi suing under the 90th Section. 
 
 Annexing particulars to Summons. 
 
 Service of Summons. 
 
 Bailiff to endorse service of summons, &c. 
 
 Respecting service of summons out of Division. 
 
 Defence under Statute. 
 
 Not approved. 
 
 Notice to save unnecessary expense in proof. 
 
 In respect to confession before action brought. 
 
 Requisites in Affidavits 
 
 As to Judgments. 
 
 As to Witnesses. 
 
 New Trial, mode of applying for. 
 
 Hearing, and decision on application for. 
 
 Ordinary Judgment against Executor. 
 
 On a plea of plene administramt, &c. found for Plaintiff. 
 
 found for Defendant. 
 
 In respect to assets guando. 
 
 In respect to devastavit. 
 
 On plea of not Executor, &o. 
 
 As to mode of reviving judgments. 
 
 As to mode of suing out Judgment Summons. 
 
 As to service of, Sec. 
 
 In respect to proceedings on Interpleader. 
 
 Receipt and payment of monies by Bailiff. 
 
 Periodical statement by Bailiff. 
 
 Filing, Examination, and report on same. 
 
 Proceedings on Officer's covenant. 
 
 As to Forms and Practice, &c. 
 
 Interpretation Rule. 
 
 I 
 
y*" 
 
 I 
 
 44 
 INDEX TO FOKMS. 
 
 I. 
 
 II. 
 III. 
 
 IV. 
 V. 
 VI. 
 VII. 
 VIII. 
 IX. 
 X. 
 XI. 
 XII. 
 XIII. 
 XIV. 
 XV. 
 XVL 
 XVII. 
 XVIII. 
 XIX. 
 XX. 
 XXI. 
 XXII. 
 XX HI. 
 XXIV. 
 XXV. 
 XXVI. 
 XXVII. 
 XXVUI. 
 XXIX. 
 XXX. 
 XXXI. 
 XXXII. 
 XXXIII. 
 XXXIV. 
 XXXV. 
 XXXVI. 
 XXXVII. 
 
 xxxvni. 
 
 XXXIX. 
 
 XL. 
 
 XLI. 
 
 XUI. 
 
 XLIII. 
 
 XLIV. 
 
 XLV. 
 
 XLVI. 
 
 XLVII. 
 
 XLVIII. 
 
 XLIX. 
 
 L. 
 
 LI. 
 
 LII. 
 
 LIII. 
 
 Summons to appear. 
 
 Summons on a Devastavit. 
 
 Affidavit of servioe of summon-t out of the Division, or in case of 
 
 unavoidable absence of Ikilifl. 
 Particulars in oases on contract 
 Particulars in case of Tort. 
 
 Partioulurs in actions against a Clerk or Bailiff, and his sureties. 
 Notice ot set off. 
 Notice of defence under Statute. 
 Not approved. 
 
 Notice of admissions to save unnecessary expense in proof. 
 Confe(?8i(m of debt after suit commenced. 
 Alliiluvil of execution of confession. 
 Summons to Jurors. 
 Summons to Witness. 
 Order for adjournment. 
 
 Juclgment against Defendant for debt or damages. 
 .Mulgnient for Defendant. 
 Judgment for Defendant on set off. 
 Judgment of non-suit or dismiss for want of prosecution. 
 Urdmary Judgment against executors. 
 Judgment for Plaintiff on Devastavit. 
 Summons to show cause on application for new trial. 
 Older tor new ipal. 
 
 Order for imposition of fine for conten^pt. 
 Older for the irnposition pI a fine on a juror for non-attendance. 
 Order tor imposition of ryenalty on witness. 
 Execution against the f;,oods of defendant. 
 Execution against gooris of plaintiff. 
 Execulion against goods of testator. 
 Summons to plaintiff en interpleader. 
 Interpleader, Summons to claimant. 
 Particulars of clarm on interpleader. 
 Order on interpleader summons. • 
 Summons on behalf of Executor to revive judgment. 
 Summons to revive judgment as against executor. 
 Decree ou behalf of executor to revive judgment. 
 Decree to revive judgment against executors 
 . KxHoution against executor, on a decree to revive judsrment 
 Transcript of Judgment under 57th Section. 
 Certificate of Judgment for Registration. 
 Application for judgment summons. 
 Summons to Defendant after judgment. 
 Warrant of Commitment in default of appearance. 
 Warrant of Commitment after examination. 
 Certificate for discharge of a party from custody. 
 Warrant to levy fine upon witness. 
 Warrant of commitment for contempt. 
 Form of Bond on seizure or sale for perishable property 
 Form ot bond on supersedeas to warrant of attachment! 
 Allowance to witnesses. 
 Form of Bailiff's Return. 
 Form of Cash Book. 
 Form of Procedure Book. 
 
 AUAN 
 ACTS. 
 ABATl 
 ACCOl 
 ABSCC 
 ACKN 
 ACTIO 
 
 ADMIf 
 AFFID 
 
 ATTAC 
 
or in oaae of 
 
 IS sureties. 
 
 46 
 
 * 
 
 INDEX 
 
 TO 
 
 THE DIVISION COURT ACT, 
 
 19 & 14 Victoria Chapter 58. 
 
 proof. 
 
 on. 
 
 [tendance. 
 
 ment. 
 
 ABANDONING EXCESS See Jurisdklionr-Attarhmcnt. 
 
 ACTS Soo Con!ilructi.on — Repealed Acts, 
 
 AHATKMKNT See Partner- Death. 
 
 ACCOUNT and DEMAND See Prvdke. 
 
 ABSCONDING DEBTOR See Attachment. 
 
 ACKNOLKDGMENT of DEBT.... See Cin^fesiim. 
 
 ACTION See Jurisdiction — Practice. 
 
 OJJicer, Superior Courts, 
 
 ADMINISTRATORS See Executors. 
 
 Sections. 
 
 AFFIDAVIT — Fee for proparing and administering oath on 88 
 
 Of parties and witnesses residing without jurindiction, 
 in what casoH received as testimony, 
 In attachment cases — See Attachment. 
 Of service of process — See Practice. 
 And See Oaths. 
 
 ATTACHMENT— Pro rty of debtor made liable to 
 
 Debt, Sfc, nature and amount of 
 
 Cause of action not to be divided 
 
 Grounds entitling to 
 
 Application for — by whom, to whom and in what man- 
 ner made 
 
 Warrant of— Form and direction 
 
 liaiUjfh duty on — in respect to seizure, &c 
 
 Wliero perishable property soiiod 
 
 When goods claimed by third parties 102 
 
 Cleric's duty in respect to custody of goods 66 
 
 31 
 
 64 
 64 
 64 
 64 
 
 64 
 64 
 64. 
 70 
 
 Return of goods — how obtained by Plaintiff 
 
 Perishable goods — how disposed of 
 
 i^tccurity on sale or seizure in certain cases 
 
 Security lionds — how disposed of and suits on 
 
 Proceedings after seizure — The summons 
 
 Service of summons, how made 
 
 Subsequent proceedings and costs 
 
 No costs, when attachment sued out without 
 
 sufficient cause 
 
 Execution — how issued and proceedings on, 
 
 A residue — how disposed of 
 
 Where several issue — proceeds of goods attached, how 
 
 disposed of 
 
 Claims by third partfes on goods seized under — 
 how determined 
 
 67 
 70 
 70 
 70 
 69 
 69 
 69 
 
 69 
 68 
 65 
 
 65 
 
 102 
 
46 
 
 1- 
 
 ,4 
 
 I 
 
 i:"- 
 
 ^'"^':'isn;s^:^s::'^'- •" "^-'™ '^ ■'""T 
 
 BAILIFFS. . . — Soo (\ffirer~Practur. 
 
 R«oiiri»y Covenant to bv «ivon by. . go 
 
 Duty or, nn to /IV-irifl procoBB ** 
 
 In nftarhmmt mses—Sce Attachment. 
 
 tn rpupcrf to Hummnnn n_4n ay 
 
 /^'•n^r'' of process oui of D^mBioll~ho^^ptoyo^ ul 
 
 To endorso ««i/uio on warrant r.n 
 
 Mo(l»3 of lovy .... '•'' 
 
 Irrpiji. huity in lo vy V.'.V.".'.*.'.'.'.'.' ".* 52 
 
 VVImt may bo soiled 'J 
 
 Wbat in exoonlion against ono of a firm! ." .* ." .".'." ' oo 
 
 How milo ma,lo of «oo(l« «oi/„,| .... ' ' ' *X 
 
 Chosr m artion soi/od-how loooverod . ". '. m 
 
 Claims by third parties on goods soized~how mU 
 
 jndiottted on |/)g 
 
 IJnty whore exeoution from another County' ." nii 
 
 Moriios made nndor- to wiiom to bo paid ,,ver " " ' 63 
 
 On Comnntmmt.Suo Jmlgmmt SnmLm. '" ^ 
 Genrral powers of— 
 
 In respect to toking cjonfossions k^ 
 
 1 o exercise in certain oases otJice of Constable*. '. ". .' 13 
 
 ro arrest parties guihy of open contempt 75 
 
 Nffi;l»cl or mtsrondw.t of— ^ ''^ 
 
 Liable to notion on covenant for aa—no 
 
 Losing opportunity to levy— remedy. . .".'.'.'. im 
 
 We^lect to return exeoution, or false return, to romedy, M 
 
 For taking excessive fees-remedy .. . ' ^' ?? 
 
 Wot accounting for monies received- remedy 7rt 
 
 Remuneratton to ' I9__i4 
 
 AssavU on— how pun ishabje .'.'.*.'.*".'.'. , /, J 
 
 BANKRUPTCY and TSsoTvE&v'^' W-how punishable" '.WW m 
 AND u\oui.ViiI\CY— See Defence, Judgment, Summms, 
 
 BARRISTKRS-May be anpointed as deputTfes u 
 
 BOND-See..„ntiriS^^^^^^ ••••••••••" ' 
 
 ^^^^^ 2b 6c A.;,/ i„ Division Courts for entering fees, fines 
 
 and suitor's monies * j, 
 
 nf Pin • rff' «"te"ng a note of summons, &o ! ! ! ! ! 49 
 
 Rnnirc ba nn,T,i^ Plaintiff, to be evidence in certain caies. ... 70 
 BOOKS. PAPERS and MONIES-In case of death of Clerk, to wii^m 
 
 ,,r r . L , ,. to be delivered 10 
 
 Wrongful holding of &c., a misdemeanor. . A 
 
 Proceeding to punish for ,0 
 
 Of late Courts of Requests. *^ 
 
 ""whoT^ ^® o''J«'-eJ to be delivered over, and to 
 
 BREACHES 0, the PEACE &;.lVeVs;;s'gi;ihy;f;i„Co;;t' Room '^ 
 
 0-- _i . . _ -O"" within hearing, how dealt with la 
 
 CERTIORARI . . . What causes may be removed by, and how removed 85 
 
 CUA 
 CMC 
 
 CLE] 
 
StctioM, 
 9 
 
 88 
 
 13— 40— H7 
 I • • • 88 
 
 60 
 03 
 70 
 89 
 !29 
 00 
 00 
 
 • • • 
 
 aci- 
 
 103 
 55 
 63 
 
 64 
 13 
 
 75 
 
 .. 22—59 
 
 -. 101 
 
 ily, 69 
 
 77 
 
 76 
 
 . 12-14 
 
 100 
 
 100 
 
 imorw, 
 
 8 
 9 
 
 30, 
 
 m 
 
 to 
 
 13 
 
 49 
 72 
 
 13 
 13 
 13 
 
 74 
 13 
 85 
 
 47 
 
 CHALLKNCJK Bm Juror. SeeHona 
 
 CHOSES IN A(;TION-Wlmi liabl« to Mnixure iindflr Axmiition 89 
 
 J'rnoi?fl<lifiK« fo rM<iovnr 90 
 
 nt tKuuc (AikINho F.tmiiinn.) 
 
 CLEHKS Noe Offwen-^ Vravlur. 
 
 Swurily ravmiint in im n'i^eu by '22 
 
 Mulf nppoinf Dqmttj . . 10 
 
 DfiTiBH or— irt re^pid to Atlarhment.'^Bee Attachment. 
 Du'i'iKN or — (ta to jirorredingii, 
 
 KiitnrinK iho iicroiint 13—24 
 
 lumiiim tlio (inrntnoiiM 24 13 
 
 To leave no blank in pnporii iHiood ..,. ,.*.'.. 40 
 
 To HnnI pro«;()»» HO 
 
 On payment of money into Court. ...,.....'.'.'.'..'. 46 
 
 I«nnin(( iubjxmnM , 48 
 
 Takiniif oont'eNNionii ] '. 54 
 
 On triinf miNnion of paper« to another DJvi»ion .!,*.' .' 88 
 In TfHwrt to Jurkn. 
 
 Wlmn nolioo rofjuiring to be given to 82 
 
 Jurors— how hoIooIiuI '. 3fl 
 
 Number lo bo nummonod 36 
 
 To pay Jurors sworn flO 
 
 7b nummnn new jury on order 38 
 
 SpcciiU drjmces — to notify 18 43 
 
 At Irinl—Onthii gl 
 
 How cftusoi set down for trial and heard 34 
 
 Adjournrnnnt of Court in Judge's absence 8 
 
 Administering Oathn \ 1—81 88 
 
 'ib rviul jMHlponrd pul,gment to parties when received, 39 
 
 Conts to bo taxed by subject to revision of Judge ... 13 
 
 To regiHter orders and judgments of Court 13 
 
 To issue warrants and execution, &o 13 
 
 Kxocution to issue at request of paity prosecuting 
 
 order for payment 53 
 
 JSxccu/um*— particulars to be observed in 68 
 
 Whore against parties removing to another County, 
 
 duty thereon 56 
 
 On executions from another County 97 
 
 Duties on removal of judgment in order to obtain 
 
 oxociition against lands 57 
 
 O" Jiulgment ^Summons.—Sue Judgment Summma. 
 
 Where claim made by third parties to goods seized 102 
 
 Oa/Aa— General power to administer 11 
 
 fees— Table of, to be huHg up in Office 14 
 
 By whom paid in first instance 14 
 
 Jury fees 33 
 
 Bailiflf's foes '.'.'.'...'.'...'. 14 
 
 Tb keep an account of monies I3 
 
 Foes forfeited by Bailiflf 14 
 
 Remuneration to Clerk 12—14—88 
 
 Accounts of, to be audited 13 
 
 Periodical accounts to be verified 16 
 
 Annual reiurn of emoluments IIC 
 
 Custody of books 13 
 
 Punishment for wrongful detention of books 13 
 
48 
 
 CLERKS- 
 
 Proc9e<Ung« .ffain«t ^'^^^• 
 
 B«<»kn and nccoiintii to bo kept by 13_14__49 
 
 I'lily on removal from, or rusiKnation of Offlco 19 
 
 Punil«'^Tr '""•^'.-''ability of rupreaentativos 80 
 
 Fumshmvnt for default or miaoonduct 76—77 
 
 rr vnv Actum ayainsl on suonrity covonant. ....'.'.*.*.'.*.' " ' oo 
 
 CLERK or ru. ^^CK-Outy o/, in respect to formation of Court.. [ 5 
 
 COLT Vrrnfi nf } r '^ covennnU and may oorlify content.;, 22 
 LOLLLCTOR-Of oca .ty to furnish Clerk with a list of partiei 
 
 „^.„,., "able to serve as jurors q* 
 
 COMM[SSI0NERS-0f Superior Court, empowered to take* affld,;: 
 
 Vlfft 
 
 coMMiTM^NT-M.i„„f;„„;„i;;,--;v„Vi„v„v,h.;c„„"^ 
 
 rower of, and manner of nrooondinir. ' 
 
 CUWFESSION-How and by whom taken m 
 
 I roof of due taking ro(]ui8ite M 
 
 Judgment how obtained on ka 
 
 CUJN b 1 ABLE-Ernpovverml to exocuto writ of attachment 64 
 
 r^r^^.rr,^ "^"^ "^'''''^ °* Division Couft 95_97 
 
 CONTEMPTS-In face of Court-how punished. 75 
 
 CON yiCTION-See Justice of /S PeTe^'''^ Proceedings of Court . . 13 
 
 COSTS ....—In Division Court-Clerks of to tax . 13 
 lo follow event of suit, unless apportioned by Judge! or 
 
 otherwise directed J h> ^^ 
 
 NoTlT^l"^ ''^'"j'"'^ '" uppearanceor' 'pro;.?; li;bie to 83 
 I\one allowed in action on judgment of Division Courts. 
 
 without special order.. . ro 
 
 On payment of money into Court.. '.'. ar 
 
 i-xecution may issue for on 
 
 On Actions brought in SuperiorCouVts onmatteVs'coaniz- 
 
 able by Division Courts ., ... yg 
 
 And see Attachmmt-Jmtgment Summons-Interpleader.^ 
 f^/^iTXT Superior Courts-Officer. ^ 
 COUNTY— Construction of the word j jj 
 
 COUNTY COriTT^'rf ^'^i?'«n« for Division CourtV'in each". '..7.*. 3 
 
 ^UUJNI Y t.OURT-Clerk of, not to be Clerk of Division Court.. . . no 
 
 Execution against lands may be sued out of on 
 
 iJ'Vision Court judgments fi7 
 
 See also— /w/c-c—Cos/s. °' 
 
 DEATH-Of parties to judgment-how to revive on.'.'.'.'. 73 
 
 See aho Treasurer— Clerk— BaUiff. 
 DEMAND AND ACCOUNT-See Practice 
 DEPUTY JUDGE-See Judge. 
 DEPUTY rrrRi/„c-_ ^1°, 
 
 DEI 
 DE 
 
 DKS 
 DIS 
 DIV 
 
 EM( 
 EVi 
 
 EXE 
 
49 
 
 19 
 
 20 
 76—77 
 
 32 
 
 , 22 
 I 
 
 36 
 
 54 
 54 
 64 
 
 I, 17 
 64 
 
 95—97 
 75 
 13 
 
 18 
 
 83 
 83 
 
 62 
 46 
 83 
 
 78 
 
 HI 
 3 
 
 110 
 
 67 
 
 51 
 73 
 
 DEFAULT 4NI) MISCONDUCT of OFFICEHS-Soe Officers. 
 
 DEFENCE~8ee Practice, 
 
 DISABILITIES, &o.— See /m/ge—O/^fer. 
 
 DISTRESa-Soe Kxecutim~Jury. 
 
 UI VISION COURTS— Existing to continue until altered 8 
 
 Mode of con«tituting number and limiti of 4 
 
 When held 3 
 
 When held on adjournment g 
 
 When held in remote nituationi .' * 109 
 
 How erection of recorded and notified 6 
 
 Style and seal of 6—80 
 
 Felony, forging seal or professing to act under 
 
 process without authority 86 
 
 Not to De Courts of Record , , . 23 
 
 No privilege to ex^• • from jurisdiction of 28 
 
 Officers of. 
 
 Judicial 7—9 
 
 And See Judge. 
 
 Ministerial— See Clerk and Bailiff, 
 Jurisdiction 0/— See Juruidiction. 
 Process — See Practice. 
 
 CoUaterai matters— See Practice.— Interpleader and 
 Jvdgment — Summons. 
 
 Fees Collections, &o. for 12—13—16—48 
 
 EMOLUMENTS-See /?c/«7w. 
 
 EVIDENCE— By public books and documents 23—49 
 
 By witnesses and parties. 
 
 Written evident >! allowed in certain cases 31—88 
 
 When party to suit may be examined 31—81 
 
 Compelling attendance of witnesses— See Witness. 
 As to particular facts. 
 
 Service of summons — See Practice. 
 Execution of Confession — See Practice. 
 In respect to demand, Sfc. 
 
 Confined to particulars 42 
 
 What deemed in jiroof of demand 45 
 
 Plaintifl's books evidence in certain cases 72 
 
 By affidavit [ 31 
 
 Uf cause of action, in what manner submitted 26 
 
 In attachment cases— See Attachment. 
 
 In interpleader cases — See Interpleader. 
 
 On judgment summons—See Judgment Summons. 
 
 EXECUTION — How and when sued out 13 
 
 Note to be entered of. 49 
 
 Party having an order for payment of money may sue 
 
 out upon 53 
 
 To another County " "' 55 
 
 Plaintiff not to be delayed in for more than 50 days. . . .' 60 
 
 Immediate — how obtained 63 
 
 Forms, requisites in, and returns to 40-53-56-86 
 
 False return to, remedy for 59 
 
 "•-"-"^ '-•J iicgicui i-j icr}-, sw.f sciiicuy lur xui 
 
 In particular cases. 
 

 50 
 
 EXECUTION— 
 
 In attachment cases Sectum. 
 
 On cross judgments '.'.,'. ^f 
 
 Against partners [[ ^* 
 
 Against personal representatives '.'. E? 
 
 Against executors and administrators on 
 
 For defendant ., . °" 
 
 Against Officers-See Offic^s-Bdiifr frc ^ 
 
 Fees on j/j »?«- 
 
 Where and how executed! cq !« 
 
 Where goods out of County..'.' n't 
 
 How stayed ^ *^ ' 
 
 Amount of, may be tendered to 'BaiiiifF. ti 
 
 JNotice of sale under ?^ 
 
 Officers not to purchase at saleV und'er «? 
 
 KSt^r.^^^'?''''* ""'^^^ ^"'i howd/sp'os^d of; 89 
 in relation to partnership property ' oq 
 
 General exemption from..:. cq 
 
 bales under °^ 
 
 Purchase at, by officers* Void. *. «? 
 
 Chose in action seized under— how" disDoVed of on 
 
 Against lands, how obtained— See Lands 
 EXECUTOilS AND ADMINISTRATORS-May sue and be sued 80 
 
 Judgments may be revived by and against * ' ?a 
 
 And See Officer. 
 
 EXTORTION-See Ojff^ 
 
 FEE FUND-See fm. 
 
 Clerk to collect fees for. 
 
 Fines, &c. to be part of.. .;;;:; :;:;; i5-35::4i mJ 
 
 Collections for, how paid over. . i^^?! 
 
 As to deficiency in "*'" ^° — ^" 
 
 FEES —Account be kept of. ^^ 
 
 Wt)at payable and by "whom .' JJ 
 
 Table of, to be put up in Clerk's Offi'ce. ' ' .' JJ 
 
 ^"'"1amL%'o7ete°/t ''' '""'^^ ''''' ^^^-^ --"t'o'f '' 
 
 Accounts to be kept and col lections 'paid over ]t 
 
 Treasurer to pay over collections ..... J5 
 
 On summoning jury, how paid '.[ l^ 
 
 Officers taking greater than allowed, punishment 7fi 
 
 And See f^^hrnent- Costs- Ckrlc,-Cl^^ HTYeac^- ' ^^ 
 bounty Court— Lands 
 FINES. . .—Account to be kept of. 
 
 To form part of fee fund . ■.'.'.'.' " .' i'^q^" 'aq iH 
 
 . For disobedience of Jury summon;." .' ■;.* " " " 15-35-48-103 
 
 On witnesses -^^ 
 
 For Contempts..!.," 48 
 
 For assault on Officer. J^ 
 
 Payment of, may be enforced "as'a judgment S 
 
 And See Justice of the Peace '^smeni 32 
 
 FC 
 
 FC 
 FB 
 GO 
 
 IM 
 
 IN] 
 
 INi 
 
 INI 
 INi 
 IN^ 
 
 IN' 
 
 INI 
 
 INI 
 
 JOI 
 JUI 
 
 JUI 
 
Sections. 
 
 • • • 68 
 61 
 29 
 73 
 80 
 
 . 46—83 
 
 14 
 
 . 53—60 
 97 
 98 
 55 
 60 
 61 
 89 
 29 
 89 
 60 
 61 
 90 
 
 80 
 73 
 
 of, 
 
 13-14 
 
 48—103 
 
 15—16 
 
 17 
 
 13 
 14 
 14 
 
 f 
 
 14 
 15 
 16 
 33 
 76 
 88 
 
 13 
 
 3—103 
 35 
 48 
 75 
 
 100 
 82 
 
 51 
 
 FOR^^Tfr ^'^^"^ '" '^ ^'^^-S^rnmon..--Covenant-AttachnJt!'*'"'''' 
 
 I'UKM— Deficiency in, when cured IQg 
 
 FRAUD— See Judgment— Summons. 
 
 GOVERJNOR IN COUNCIL-D^/i,, of, as to remuneration of judges, 12 
 
 As to audit of Clerk's account J e » *« 
 
 In respect to deficiency in fee fund. 17 
 
 As to form of Treasurer's security .'..., 00 
 
 As to periods of holding Courts. . . * *. inn 
 
 IMPRISONMENT-See Ckrks-BaUiffs-Contempts~}udgm^t' '" ' 
 
 Summons — Witness. 
 
 Not to operate as satisfaction of demand ofi 
 
 How discharge from, obtained .......,...'. 99 
 
 INFANT— Enabled to maintain action for wages .' 517 
 
 INFORMALITIES— Certain, not to make party a trespasser. 79 
 
 TKTc^r Tr-^xT^;?^^'" proceedings not to be quashed for matter of form, 106 
 INSOLVfiNCY— See Bankruptcy. 
 
 INSPECTOR GENERAL-Certain returns to be made to I6 
 
 INTEREST— Recoverable on judgment from date of entry .' ." 53 
 
 INTERPLEADER— Claims on goods seized may be adjudicated on. 102 
 Manner 0/ proceeding. 
 
 Claimant and execution creditor to be summoned 102 
 
 Proceedings in other Courts thereby stayed .'.'.*.". *. 102 
 
 Court to adjudicate on claim ] ' " " io2 
 
 Order to be final and conclusive 102 
 
 INTERPRETATION CL^^ USE ". ' jog 
 
 INTERROGATORIES-May be administered "to'witnesses proving 
 
 demand by affidavit 31 
 
 JOINT CONTRACTOR-See Partners. 
 
 JUDQE OF COUNTY COURT-To preside over Division Courts. . . 7 
 Power and authority of in reference to Division Courts, 
 the Officers thereof and proceedings therein— See 
 Judge of Division Court. 
 
 JUDGE or DIVISION COURT— Whom to be. ... ! 7 
 
 Whom in case of absence or illness of Judge of' Cou'ntv 
 
 Court , •; g 
 
 Disabilities of office !...'!!!!','.'.'.!*" 7 
 
 General authority of— 
 
 May appoint Deputy Judge of Division Court 8 
 
 Who may be deputy, and power and duties of 8 
 
 Appointment of Deputy Judge to be notified 8 
 
 To be sole Judge to determine in a summary way, ac- 
 cording to justice and equity 23—30 
 
 Oaths, &c., may administer 15 — 31— 45 88 
 
 Rules of practice and forms, County Court Judge may 
 
 frame 44 
 
 Scale of allowance to witness to frame ' . " 48 
 
 And see Judgment Summons. 
 Rules, &c., to be approved of by Judges of Superior Courts 
 
 at Toronto 44 4g 
 
 May fine and imprison for contempt 75 
 
 May punish for assault on officer, or rescue of goods .... 100 
 
52 
 
 JUDGE OF DIVISION COURT— 
 
 May order discharge from impriiJnment' MdeVthe Acl" m 
 
 Authority of, in reference to proceedings. "^^ 
 
 Before hearing-See Attachment. 
 
 May speciallv order suit to be brought in a 
 
 . particular Division gai m a 
 
 The hearing-See Jurisdiction-Hearing. ^^ 
 
 What may hold plea of ^ oo «, 
 
 In matter of interpleader ,S* 
 
 Mode and rule of determination by.' -gq ^?n 
 
 May act on evidence in iurv cases if ,nr/^;= -id—dO 
 
 Course of hearing. . ^ ^ ' ^^'^^ disagree. ... 33 
 
 Appearance of parties"at heading,' sij".'. ?f 
 
 J!^x parte hearing.. ^' 41 
 
 Where proof from pl^n'tiff 'V books". :::.*: * * ' * i^ 
 
 Where plaintiff makes default ^^ 
 
 Granting time for hearing 83 
 
 Proof of demand by affidavit ^5 
 
 On set off. \'\\ 64 
 
 On payment into Court 43 
 
 May direct examination 'o'f party to suit'.'. *. '. ^? 
 
 In respect to partnership contracts JJ 
 
 Cos s on actions on judgments, may allo'w' ". ^? 
 
 Costs may apportion between parties g 
 
 r^on suit, power m respect to ^^ 
 
 Wew trial, power to grant.. „ ^4 
 
 Decisions, when and how pronounVed'.'; ^^~li 
 
 te^rr z!i^»p""^-fa^»- defau lt ;:::::::::::: g 
 
 May suspend execution for tempor'a'ry di'skbiiu; of 
 
 Execution immediate— may order. 
 
 i;xecution may order for costs ^2 
 
 Chose m^action seized, sued on-lpoWeV'o-f judg^'i'n ^es- '' 
 
 And Bee Interpleader. ^ 
 
 Authority of— in respect to Officers. 
 
 Security \^oe^s,Oud,e ^ County Court) to prescribe 
 
 Accounts of Clerk, to examine! '. ! ?2 
 
 Mayrequire certain returns of Clerks.".': \r: J? 
 
 Extortion by officers, may punish . . H 
 
 Taking excessive fees, may punish for". .' ." ." ." ." .' ." . ] ." ." .* ' . ; ^ 
 
 JU 
 
 JU 
 
 JUJ 
 JUJ 
 
 JUl 
 
 JUB 
 
nan- 
 
 > • • 
 
 Act, 
 
 onal 
 
 Sections. 
 
 82 
 99 
 
 in a 
 
 73 
 
 25 
 
 .. 23—64 
 -. 102 
 . 23—30 
 38 
 34 
 41 
 45 
 72 
 83 
 45 
 31 
 31 
 64 
 43 
 4S 
 81 
 29 
 52 
 83 
 84 
 72—84 
 39 
 35 
 48 
 98 
 55 
 50 
 
 60 
 83 
 
 90 
 
 22 
 
 13 
 
 5—110 
 
 13 
 
 74 
 76 
 77 
 
 .53 
 
 JUDGE OF DIVISION COUKT— 
 
 Bailiff losing opportunity to levy, may make order to com- "^^ 
 
 pensate party injured 
 
 In actions against officers and sureties,' miy'r'e'^i'ale 
 amount to be recovered.. '^y regulate 
 
 And see Judgment Summons, °^ 
 
 Remuneration of 
 
 Fund applicable to 12 
 
 JUDGMENTS-As to costs in actions on ^^ 
 
 Reviving on death of parties 5^ 
 
 See Practke— Attachment— Lands. "^ 
 
 JUDGMENT AND ORDER-See Practke. 
 
 JUDGMENT SUMMONS-Debtor may be summoned to answer in 
 
 mu respect to unsatisfied judgment «wer, m 
 
 When sued out and form of . . ...... ^* 
 
 Requisites of, and mode of service'. '.'. qJ 
 
 Costs on °^ ^'^^™'"^^*'^ ^^en Defendant appears .' .' .' ." J ' 9} 
 
 Party complaining and witnesses 'rii'a'y be exmin'e'd* " * oi 
 Hearing on and incidents oaoxuuibu. ... 91 
 
 JUDGMENTS SUMMONS-Order by j Jdge - ^^ 
 
 ^°^«' °^^/^^5™i«ation at trial whendefenda'n't* p;;s'onal'ly ^^ 
 
 Commitment — power of 
 
 Where defendant in another Couniy;mknne*r of proceedi'n'e % 
 Discharge of persons imprisoned. ^-eeuing. 97 
 
 JURISDICTION-See Courts. 
 
 mv^ion Courts not to be Courts of Record . . 00 
 
 As to place «3 
 
 As TO Persons 3 — 4 
 
 JJ^Ueg^to^en^t^^L^nj^^^^^^^^ g 
 
 iaTnrhiptmlnr^^^^ "^^ sue'^d be ^ue^: WV. % 
 Name of original defendant may be us^d'in suitVon cho;; ^^ 
 
 . m action seized under execution "»"«cnose 
 
 Sureties of Bailiffs may be sued alone in c;;tain cWes' ' 59 
 
 As to subject matter, and amount. ' ' 
 
 Debt account breach of contract or covenant or money 
 
 demand, &c., not exceeding £25, tort to personal 
 
 property not exceeding £lo:.... '"Personal 
 
 Exemption ^ 23 
 
 Demand not to be split to give. ^^ 
 
 No unsettled account over £50 to be sued on ! ! 9? 
 
 Proceedings where excess of jurisdiction is aband;,n;d' ' H 
 Jn attachment cases. '^° 
 
 Not less than £1 and not exceeding £25 for any debt or 
 damages upon contract express or implied-or 
 
 upon a judgment "ipnea or 
 
 On Bonds for any amount given in course o'f'nroceVdin'rrV " ' H 
 '^^^HsIiS"'"^^^'^^"^^- inanV&Tcom^-tent '' 
 
 /n^er;,Zead«r--claimsbythird'parlieVong^^^^ 22 
 
 uuii, may oe aajuuicated on ". /" jq„ 
 
54 
 
 JURISDICTION-. 
 
 SectioTU. 
 
 23 
 
 JURY. 
 
 In respect to Proceedings. 
 
 Judge empowered to make orders &c 
 
 ^ ^' wh^^rrnlr?^"""' «oJe judge in Court" unless* In ck;;; 
 
 T J ,w^ere party may call a jury on 
 
 Judge's decision to be pronounced openly "at* t'riaf w in 
 wntmg at a subsequent day. .. . ^ ^"^^ or '« 
 
 Fmes to be enforced as judgments .... H 
 
 As to costs o-^ 
 
 And see Cosis-lprocfic'e! ^^ 
 
 '"''^su:?£s:r.^^"''f.'"^^"8f>'"-«'>-«' failing .0 
 
 In respect to opportunity lost to'levy in? 
 
 In case ofextortion by officers... ^Sl 
 
 Omcer taking greater fees than allowed l^ 
 
 In respect to Collateral Matters. 
 
 Contempts 
 
 Assault on officer or rescue of 'goods'seii^d Zn 
 
 Jurors-non attendance of ... . ^S2 
 
 Witnesses— non attendance of. Jo 
 
 Judgments from another County-enforcini'. V/. f. 
 
 ' ' -'''" 'Vee? £2^1?" T^' \^'''' ^" ^o ' demand ex"- 
 
 How notice requiring served. " ' " ^^ 
 
 Fees in respect to 32 
 
 Persons liable to serve on ^^ 
 
 How selected 35 
 
 To be paid by Clerk. 35 
 
 How punished for non attendance'. '.'.[ ?? 
 
 Causes to be tried by, to be first heard." ?? 
 
 As to jurors being sole judges, 5ee.... Z 
 
 EmpanneUmg and duties of— ^^ 
 
 Oath to be administered-verdict to be unanimous vt 
 
 J!|attf r of form not to vacate verdict of . . V. . \V ^^ 
 
 ''"''^ "mS"".^'.^"'^^^ ™^^ '''^^' "^^•'■"'•y *° be sum- 
 Judge may pronounce Yudgi;i'enV on "evidence ■gi;;n: 'if 
 parties consent . S'*""? " 
 
 Discretion^tojx amounl to be're"cov"e"red"agains{Bail"iff's 
 
 38 
 
 As to time of holding Courts *~J 
 
 Resolutions and orders of, not to be aliered ^t" a"s"u"b"s*eque"nt 
 
 Authnr,tv „f ?''''°«> "°1««« by a greater number of Justrces 4 
 Authority of, in respect to attachment—See Attachment 
 May punish disturbances made in Court ^""''^'"^^- 
 
 May punish for assault on officer , Jx 
 
 Manner of proceeding to enforce fines, "ic".,' "before " * " 104 
 
 Conviction in such cases-form of . . ' ' '" " " ' ]^i 
 
 I A Nns WJ,^"^?^'"'' t^ ^'^'■^'^ «««o"nt^ before! ."..:: | ? 
 
 LA^DS-Whenandm wh^tcases^^^^^ ^or' judgment; ^^ 
 
 57 
 
-See 
 
 Sections. 
 
 • • • • 4^43 
 
 ;ases 
 
 
 30 
 
 or in 
 
 
 • . .. 
 
 39 
 
 ■ • • • 
 
 82 
 
 
 83 
 
 gto 
 
 
 • • . 
 
 59 
 
 • • ■ 
 
 101 
 
 > • ■ 
 
 76 
 
 • • • 
 
 77 
 
 • • • 
 
 75 
 
 • ■ • 
 
 100 
 
 • • • 
 
 36 
 
 • • • 
 
 48 
 
 
 55 
 
 ex- 
 
 
 md 
 
 
 , , 
 
 32 
 
 • • 
 
 32 
 
 • • 
 
 32 
 
 • • 
 
 35 
 
 • • 
 
 35 
 
 • • 
 
 36 
 
 • • 
 
 35 
 
 • • 
 
 34 
 
 • • 
 
 34 
 
 ^ 
 
 37 
 
 » . 
 
 104 
 
 a- 
 
 
 
 38 
 
 if 
 
 
 
 38 
 
 's 
 
 
 , , 
 
 50 
 
 • 
 
 -38 
 
 • 
 
 4-6 
 
 • 
 
 109 
 
 It 
 
 
 - 
 
 4 
 
 ■ 
 
 13 
 
 
 100 
 
 . 
 
 104 
 
 
 105 
 
 
 15 
 
 57 
 
 55 
 
 LANDS- 
 
 LFVY n ■,.^°^.^""^°"'«g'«t''*«on of judgments ^'''IT 
 
 LEVY-Ba. hff acting under Fi^ri Facias, what to levy „ oo 
 
 MINOR-sTm'"^' '^^^ *° ^« ^-P— by p^;^ous ir;;guiarity,''-?9' 
 
 NEW TfilAL-See Practice. 
 
 NON-SUIT-See Practice-Hearing. 
 
 NOTICE-See Practice. 
 
 OATHS . .-Wilfully and corruptly false-perjury 
 
 Olerksempowered to administer. ^ iT'qi H 
 
 OnZ^TfnT S"PeriorCourts may-take':::;: 31-4 l-|l 
 
 OFFICERS-MINlS^Ar' ^'""f "'' '^ ^'^^^ officer ::.'!./' f, 
 ^^' WhJ'LTbe a1,p;intir'°" '''''''''' ^^^ — d ... 9 
 
 Security by, how regulated*: J 
 
 To be by covenant with sureties :.*.'.' ?? 
 
 Old security by, not affected ^^ 
 
 iXottOpurchase at sales 22 
 
 For taking excessive fees.. 
 
 Not accounting for money made .'f JJ 
 
 Lender security covenant. »„ 'o 
 
 Punishment for iusulting 
 
 Punishment for assaulting '^^ 
 
 VennP t"Lf-^''"'^'- ^^^^-no'tke 'andpUa Jg? 
 
 '^^""^^rrdriSa^'^'"^^^^'''^^^^^^^ 
 
 Rule as to costs 107 
 
 Bywayofinterpleade'iCse'e'tofeife.; 1«8 
 
 PAPERS-Set°'Sri"S^r°"'""° 68 
 
 PAKTIES TO ACTIONS-See Part«...-/„™*i»_£^^^. 
 
 rAKiJNJLRb— Several, liabilities of. 
 
 PENALTIES-See Ftnes. 29 
 
 PENDmO PROCEED,NGS-To .n.ai„ goo, a„a b, co.p,oted on- 
 
 PESNAiRipTSTASvr/z'';'^;r""^^ « 
 
 praS 7^'f 7P-s-s:»r ;... 
 
 t-WAUHOE— .4cco«n^ end Demand. 
 
 Plaintiff to entHr a rnn.r ^ru: 
 
 „j. „, n,^ aucouni or demand 24 
 
66 
 
 PRACTICE- 
 
 81 
 
 32 
 34 
 
 Plaintiiito furnish Clerk with '^''*^- 
 
 To be numbered if 
 
 Copy of, to be attached to summons.' '.'.".'. 19—24 
 
 Evidence at hearing to be confined to particulars S 
 
 Venue— In ordinary cases f ^ 
 
 In actions against Clerks and Baiiiffs.*!!! to 
 
 Summons— Mode of isamns -.n Sf 
 
 Form of, Schedule B. """'** 
 
 To be under seal of Court q- 
 
 Requisites of °° 
 
 Note of, to be kept . . . .'.*.'.*"'' *.".*.* *2 
 
 Sc7tnceo/— In ordinary cases I? 
 
 When Defendant out of Division .".'..." 07 
 
 Mode of proving service ^ 
 
 Proceedings between Summons and Hearing'. 
 
 Confessions, how taken and proved ra 
 
 Paymentinto Court ; ^ 
 
 Defence, notice of, special to be' given .'.*.'.' ao 
 
 Witnesses-parties fiable to be summoned as ".*."'.*" " 
 And see Subpcma — Witness. 
 
 Jury, how called 
 
 //ieamg— Order of '. .'.'.'. 
 
 By Judge,... "'.'l!"'/.!;;;;23-26-29-36^2-43-84 
 
 And see Judge. ta-o* 
 
 ®y ^\^h ; ■ 35-37-38-59-106 
 
 And see Jury. "s^-iuu 
 
 On appearance of Plaintiff ' 4, 
 
 Plaintiff not appearing .' ^, 
 
 Defendant not appearing ?e 
 
 Nonsuit .o_^5 
 
 Postponement f hearing ..'.".'.'! It 
 
 Special defence, when admitted . . ' ' " ' 4, 
 
 Hearing in particular Cases-See Attachmer^t-interMn- 
 
 „ . , UJficers— Judgment Summons. 
 
 iLwknce on Hearing— See Hearing. 
 
 Judgment fy Order— Note of, to be entered by Clerk 40 
 
 fo be registered by Clerk ?o 
 
 Not to be vacated for matter of form. .."'".".'.' ." 1 ng 
 
 To be final and conclusive between parties* q2 
 
 Operation of in relation to cause of action 'beyond 
 
 Jurisdiction •' „. 
 
 To be delivered immediately after hearink' oV s'ubsel 
 
 quently in writing *' „q 
 
 May be to pay by instalments ^ 
 
 May be suspended for temporary disability". '. ' ' oa 
 
 Exparte to be valid ' J° 
 
 Where money paid into Court. . ......'. Jr 
 
 On confession . * 3^ 
 
 For costs on Plaintiff's default '. ' 2o 
 
 83 
 43 
 29 
 
 On set off . 
 
 Against one of several persons jointly liable 
 
 Against executors— as in Superior Courts' .' .' .' " ll\\ ' * ' ' |o 
 
Sections. 
 
 13 
 
 24 
 
 .... 13—24 
 
 42 
 
 25 
 
 62 
 
 13—24 
 
 • » • • • 86 
 
 40 
 
 49 
 
 24 
 
 ' • • • . o7 
 88 
 
 54 
 
 . .. . . 46 
 43 
 
 • • • • 81 
 
 • • • • o*& 
 
 34 
 
 0-42-43-84 
 
 -38-59-106 
 41 
 
 • - • • Otj 
 
 45 
 
 . .. 43—84 
 45 
 43 
 
 er — 
 
 49 
 
 13 
 
 106 
 
 84 
 
 26 
 
 39 
 
 50 
 
 98 
 
 45 
 
 46 
 
 54 
 
 83 
 
 43 
 
 29 
 
 73 
 
 51 
 an 
 
 ond 
 
 • • • 
 
 )se- 
 
 es. 
 
 PRACTICE- 
 
 Where parties to dead, may be revived 
 
 l-rom another County, how enforced * 
 
 How lands bound by . . . . 
 
 Interest recoverable on from date 'of entrv 
 
 As to costs m action on . . ^ 
 
 Execution on, how sued out 
 
 Evidence of Js"ee°'te?"^''' cases-See' Ma^h^iifyc. 
 pZ ^-How and in what cases granted . . 
 (Ana ^^^^^Executton-Lands, fyc.)-Aud see Rules. As to 
 
 Costs— See Costs. 
 ChT^'tf ^"T'' '"^ under-how pmished .■.' 
 
 REGISTER o.COm'^JnlZ"" " '^^ ''"""'^ '^'"««"''«^' " • 
 of DivisTon^^S ' '" '''^''' *" '■^^^'^'"^ i^'^Smem 
 
 REPEALED ACTS.. 
 
 R^onpL"/o^°°^^ "SEIZED-Punishm;;; of". 
 
 RULES Of ^^ 7.™™""^f '*"^'' ^°'' ^^^ ^^ «"t«red by Clerk . . 
 
 RULES_Of practice may be made by Judge of County Court and f^^^^ 
 
 ExktWr fl ^^.^P^^^^ °.^ ^y J"d&«« o/superior cS 
 «?AT F TT ^ *^^ist'°g rules m force until otherwise ordered. . . . 
 E>Ai..iii — Under execution 
 
 ^c A r t, ^^^^ *®® Executim—Atiadment) 
 
 SEAL-E.e,y D.™„n^Cou„ ,o ,.,v. a .e,l_p™„ess .„ be sealed 
 
 Forging of— made a felony" 
 
 SECURITY-Treasurer. Clerks and Bailiffs to givVf^; di^ pVrfoVma;;; 
 
 Sections. 
 73 
 65 
 
 57-58 
 53 
 52 
 53 
 
 72—84 
 63 
 
 28 
 
 86 
 100 
 102 
 
 16 
 
 58 
 
 112 
 100 
 
 1— 
 
 Liability of security for Clerk and Bailiff . 
 vajimty ot previous security not to be affected 
 Clerks and feailiff 's security-a covenant wit 
 To be renewed m case of death or insolvency 
 Cerhfied copy to be evidence of covenant. ^ 
 And see Treasurer— Clerk— BaUiff. 
 «3FT nvw XT .^"^*=hmment cases-See AttSchment. 
 
 22- 
 
 74 
 110 
 
 49 
 
 44 
 44 
 
 59 
 
 86 
 86 
 
 22 
 59 
 22 
 22 
 22 
 22 
 
 rgJVBU 
 
 43 
 
€ 
 
 58 
 SETT-OFP— 
 
 Provision jhej-e Defendant's demand exceeds that of "*'"** 
 
 Excess of set off beyond'ju*ri8<Uction; mky'be Abandoned' 43 
 S^raanT'"'"""'* '^ Defendant's set off exS 
 
 Judgments cross may be" set* off 5? 
 
 SHERIFF-D.y of, .^. _a™.^^ person,' w-,™^^!,," ".eeVining 
 
 SPLITTING DEMANDS-Not allowed „f 
 
 f ^Bj^rr f ~K°^^«^ /-^t w.;;; ^^ 
 
 5»UBP(ENA--May be obtained from Clerk . ^q 
 
 Service of. ... ** 
 
 ^om bound to attend-PariieV and'all o'the; pers;;.;*. ! '. '. '. ! ' 48-81 
 Part.es compellable to attend by subpcena from Superior 
 
 Court at Toronto from any part of Upper Canada 4fi 
 
 SUITORS' MOmr>°lA "'*-^T'"'™" »' «-to<i.»ce of"."'r; 11 
 
 SUPERIOR COURTS_J„dge, of «. B. or C. P, .„ eonfi™ Rules of 
 
 ,.^^^^^__ ■***'■""'•••••'••••••.•.•, ■.,., 4^ 
 
 Mav «,oi-» ~^] !^ — 7^° *®"^® *^^^® °f fees to witnesses. 48 
 
 Alay make order for deliver ng up books &c ofPonrt 1Q 
 
 Maymake like order as tolate^cSur?s of Req'uest 7I 
 
 Acuons cognizable in Division Court, effect o7bringing' in 78 
 
 Certam suits removeable to Q. B. or C P " '^'"^*"' 1° 
 
 As !o TZfnIW •^" ^ r?' ""' P- P- againsVofficers'. *. " 167-108 
 
 ^^p«;|;STr„tlLrr=peu '" 
 
 TREASURER o.co^;-rT?;o-to„^t::r'-- s 
 
 io give security 00 " 
 
 May re<juire Clerks to make'returns.* " * ?? 
 
 To receive payment of fees quarterly . ". f ? 
 
 To receive fees, fines and penalties. . . . . "; ino 
 
 To audit Clerk's accounts .. . ,1 
 
 To render half yearly account to Inspector General ' * " 1 fi 
 
 To pay surplus (if any) after disburseiAents' . "" | 
 
 Tn h^Tt^ '^^"^'^\ '^ ""''y deficiency in fee fund 17 
 
 Iccounts';T?o t"^/' ""'^r^^'- ^" ^«^^^'" <>-««;: : : : : 3 
 
 Accounts ot, to be deemed public accounts iq 
 
 Duty of new Treasurer coming in. . . . }S 
 
 Froceedings in case of death of . . . . tn 
 
 Actions by '^" 
 
 TRESPASS-Infomialities in'l'eVy noi "to make party guilfV of" " ' " ' 7I 
 
 vSi!?oTe™reDff''^d "^ ^^-^^^-^^ ^«^^-^ Summons. 
 10 be where Defendant resides, orwhere liability incurred, 
 
 unless otherwise ordered by judge ?« 
 
 Where Clerk or Bailiff a party _ . „ . ' .* '/////'^ ^ 
 
 VE 
 
 VEl 
 WA 
 
 WIT 
 
Sections. 
 
 at of 
 
 
 • ■ • • 
 
 43 
 
 ned, 
 
 43 
 
 ceed 
 
 
 • • • • 
 
 43 
 
 . . . . 
 
 51 
 
 nmg 
 
 
 • • • • 
 
 13 
 
 » • « • 
 
 26 
 
 
 48 
 
 • • • 
 
 48 
 
 ... 48—81 
 
 snor 
 
 
 ida. 
 
 48 
 
 • • • 
 
 48 
 
 • • • 
 
 13 
 
 s of 
 
 
 ■ . . 
 
 44 
 
 ses. 
 
 48 
 
 •t.. 
 
 13 
 
 • • •> 
 
 74 
 
 'in, 
 
 78 
 
 • • 
 
 85 
 
 107- 
 
 -108 
 
 in. 
 
 102 
 
 >ell 
 
 
 • • 
 
 48 
 
 • • 
 
 12 
 
 m • 
 
 22 
 
 • • 
 
 In 
 
 • « 
 
 15 
 
 • ■> 
 
 103 
 
 • ■ 
 
 13 
 
 . a 
 
 16 
 
 • • 
 
 16 
 
 • • 
 
 17 
 
 • • 
 
 13 
 
 . . 
 
 18 
 
 m 
 
 19 
 
 " • 
 
 20 
 
 
 21 
 
 • 
 
 79 
 
 S. 
 
 
 1, 
 
 
 . 
 
 25 
 
 •» 
 
 62 
 
 69 
 
 VE^UE— 
 
 In attachment cases. S'tdions. 
 
 VERDICT o^",u'^rjfrrr2j'^^r^^^^ i 
 
 WAERANTS-BywhoJll':,,'':.^"''"™""""''™ ■ '"* 
 
 Service of 13—64 
 
 Fees on .*!!..!.' ^^ — ^* 
 
 To be under seal of Court ij 
 
 wujNi!,8J>ES— How compellable to attend. . 
 
 Persons in Court may be called on as.'.'.'." ".'.'.'. 7o 
 
 Who may he — 48 
 
 Parties and all other persons. . 
 
 To be examined on oath, iic. . .'.*.'.'. ' oJ 
 
 Indemnification to °^ 
 
 What perjury by ....... .".' 48 
 
 A n^ ^" ^^^-i"^ ^* judgment Vuramons V.'.\'.\\\\ S 
 
 And see Evidence. ^'^ 
 
60 
 
 1^' 
 
 SOME REFERENCES 
 
 TO 
 
 CLAUSES IN BRITISH STATUTES, 
 
 From which certain Sections in the Division Court Act, 13 & 14 
 Victoria, Chapter 53, appear to have been taken-or which 
 contain Analagous Enactments. 
 
 References to the 
 Secta. in 13 & 14 
 Vict. Ch. 53. 
 
 Section 
 
 it 
 
 it 
 
 ti 
 (I 
 tt 
 tt 
 u 
 tt 
 u 
 
 tt 
 tt 
 
 « 
 
 <t 
 (t 
 
 tt 
 
 t* 
 (t 
 
 t( 
 
 2. 
 3. 
 
 4. 
 7. 
 8. 
 
 9. 
 10. 
 12 
 13. 
 14. 
 15. 
 22. 
 
 24 
 25 
 
 26 
 
 27 
 
 28. 
 29. 
 
 30 
 
 31 
 32 
 33 
 
 The R£F£rences are to the British Act 9 & 10 Vict 
 Lh. 95, except where otherwise Noticed. 
 
 See Section 4 and 7. 
 See « 56, 
 See " 2. 
 
 See " J^-^« »'«° 13 & 14 Vic. ch. 61, Section 3. 
 
 32 and 33 ^^ ^^'"^ ^ ^ ^ ^'•'- ''^' ^^O, Sections 
 
 See Section 31. 
 See « 26. 
 See « 40. 
 
 ffkea fL fh/ath S?c.l? °"''""^' «=" ^-'™ 33. 
 See Sections 41 and 42. 
 See Section 36. 
 
 ^^ r^\??°*'°o^ ^^ ^"^ 65-and See also 48, Geo. 3 ch 103- 
 
 I 47 Geo 3, ch. 79, (2d Sess.) Sec. 20-6 & 7 Vic ch 75Z 
 
 (Irish Act) Sec. 1, and See the Act - For he more ea^ 
 
 recovery of Small Debts in Scotland''-(20th ^1^1825 ^ 
 
 si%'''°r '7n^"^ ^ ? ^ Vic. ch. 173, Section ^.^' ^'^ 
 
 See Sec ion 59 in object similar to this clause. 
 
 '1 lt^^tsl\lf'r"' '- '' «- '^ «^- 25' S-tiona 
 
 '^l?Sf«n '^^ 63rd Section-The additional matte, in 
 
 oTthrEtlilhTc?'^"^ ^"^^"'^^^^^ an improvement 
 
 ^re^SStMfs^fat:-^'^^ ''^'^^ '^ ^— 
 See Section 67. 
 
 '^tTp£rn.'^^ ^fi^ ^""''^"; ^"' *h'« ^''^"^e i« "^ore full 
 HI reference to the principle established-See also 4 & 
 
 \ ^k i' 1.^3, Section 27.— and See 6 and 7 Wm 4 
 ch. 75, Section 56. (Irish Act.) ' 
 
 See Section 69-An analagous enactment, but there is a 
 Z'sttfo?^^^'^" '^^^^^"^^^^ clause and this-S^e: 
 
 See (Irish Act) 2 Geo 1, ch. 11, Section 3. 
 
61 
 
 t, 13 & 14 
 —or which 
 
 ) & 10 Vict 
 ricsD. 
 
 Section 3. 
 10, Sections 
 
 jction 33 
 
 SOME REFERENCES TO BRITISH STATUTES, kc.-^ Continued. 
 
 References to the 
 Sects, in 13 & 14 
 Vict. Ch. 63. 
 
 Section 
 
 35. 
 37. 
 
 u 
 
 (( 
 
 tt 
 
 
 
 (( 
 
 
 « 
 
 , cb. 103— 
 
 (C 
 
 c. ch.75— 
 
 • « 
 
 more easy 
 [ay, 1825,) 
 
 u 
 
 , Sections 
 
 u 
 tt 
 
 matter in 
 
 
 irovement 
 
 il 
 
 however 
 
 tt 
 
 
 « 
 
 more full 
 
 (( 
 
 i also 4 & 
 
 tt 
 
 7 Wm. 4, 
 
 ti 
 
 tt 
 
 here is a 
 
 tt 
 
 this— See | 
 
 tt 
 
 1 
 
 ti 
 It 
 
 41. 
 42. 
 43. 
 
 44.. 
 
 46. 
 47., 
 
 48. 
 
 4d\ 
 50. 
 51. 
 53. 
 54. 
 60. 
 
 62. 
 76. 
 76. 
 77. 
 
 78. 
 
 80. 
 
 81. 
 
 82. 
 
 83. 
 
 84. 
 
 85. 
 
 86 
 
 87. 
 
 89. 
 
 90. 
 91. 
 
 -.-J.J 
 
 Th« RKtBllBMOW ARB TO THB BWTIBH AcT 9 & 10 ViCT. 
 Ch. 96, EXCEPT WHCR£ OTHERWISE NoTlCED. 
 
 See Sections 7ii and 73. 
 
 See Section 73— which requires a likfe number of Jurors, 
 and an unanimous verdict,— but the oath is "to give their 
 verdict according to the evidence"— See also Secfion 72. 
 
 See Section 74 and 79— by the English Act the right to 
 
 Tiif ^K d^ *9®"^ " subject to special regulation. 
 
 The 75th Section is similar to this clause, but the demand 
 by way of set off is not named. 
 
 This clause declares that the Defendant ma .vail him'-.elf 
 of certain defences on certain conditions.- Section 76 of 
 the English Act is similar in bearing, bi aims at pre- 
 scribing terms, preliminary to such defer 
 
 See Section 78— power to frame rules is th. 7 vested in 
 five of the Judges of the Superior Courts, irrespective of 
 the County Court Judges. 
 
 See Section 80. 
 
 See Section 81 from which this clause is in part taken. 
 
 This clause is more full but appears to be taken from 
 Section 80. 
 
 See SecUons 85 and 86 from which this clause is in paxt 
 taken. * 
 
 Copied from Section 111. 
 
 Copied from Section 92. 
 
 Copied from Section 93. 
 
 See Sections 95, 94 and 109, 
 
 See 13 & 14 Vic. ch. 61, Section 8. 
 
 See Section 106, an anaJagous enactment, and defects in 
 this clause will bo manifest by a comparison therewith. 
 
 See Section 128; 
 
 The 113th Section is asimilar enactment. 
 
 Section 116 is a similar enactment. 
 
 Taken from the 117th SectioA, but the offence there is the 
 wilfully and corruptly" exacting. &c. 
 
 See Section 129. 
 
 Copied, and nearly verbatim, from Section 66. 
 
 Taken from Section 83, but greatly modified. 
 
 Taken from Section 87. 
 
 In part taken from Section 88— See also Section 79 
 
 Taken from Section 89— See also Section 79. 
 
 Taken from Section 90. 
 
 Taken from Section 57. 
 
 Copied from Section 61. 
 
 ^°.Pl^l^?.^ "^"'y verfta^OT, from Section 96— See also 
 1 & 2 Vic. ch. 110, Section 12. 
 
 "^V^p °i%H?® '1 ^°^^^^ ^" P*"^* from Section 97— See also 
 1 & 2 Vic. ch. 110, Section 12. 
 
 Taken from Section 98. 
 
 «'•' T-rupscu iioiii oeciion yy. 
 
62 
 
 SOME REFERENCES TO BRITISH STATUTES, J^.^C o^Hnue, 
 ^"' pI'T""' '" "° ""' «"""« Act 9 & 10 Vicx 
 
 Referanoet to the! 
 Sects, in 13 & 14 
 Vict. Ch. 63. 
 
 Section 
 
 u 
 u 
 
 n 
 it 
 
 « 
 
 93. 
 94. 
 
 *^H. »5, .XCI-T WHJmx OTHUJiWlS. NoTIOED. 
 
 Copied verbatim from Section 100. 
 
 95 rS T ^^*'."°" *°^' ^"'i nearly word for word 
 
 S2 '&/"'' c^" y *''^*«'»'" f'«"^ Section 102 
 
 wofd ' Defendant' near t^e ast ff"f^^ ^'' "^'"'^ ^^^ 
 this clause of our aT ^ '^^ ''^^^'^ *"■« °°' ^ 
 
 ^^ Taken from Section 104, 
 
 It £T«'^ ;'«'•*««"» from Section 105. 
 
 ^ laken from Section 110. 
 
 tl 
 
 tt 
 
 tt 
 tt 
 
 tt 
 
 100 
 101 
 102 
 
 tt 
 tt 
 
 Taken from Section 114. 
 
 1 aken from Section 1 15, 
 
 Taken from Section 1 18— Sefl »1ian a i, n v 
 Sections 71 and72-See l\l n„, . ^ ^'?' *'^- ^^3, 
 
 103 Copied from Section 133 ' ^ °'^'' interpleader Act.' 
 
 }jj* Copied from Section 134. 
 
 |x£ Copied from Section 135. 
 
 JX3 Copied from Section 136. 
 
 ^"~ Copied from Section 138. but our Art nll^™,- ♦v. . 
 
 General issue, &c. ^"°^'' ^^« P'ea of 
 
 ^^S Copied wrftafim from Section 139 excent ,,« f« 
 
 damages. ' ^^^'^P' as »o amount of 
 
 109 See Section 56. 
 
 112 jSee Sections 4 and 7. 
 
 * 
 
 Dated, Barrie, 16 January, 1851. 
 
 TORONTO-Printed by Stew.rt Derbish.rk .no G Ti^n^,^ 
 Ptinter to the Queen's Most Excellent Majesty. ' 
 
* 
 
 I