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The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de r6duction diff^rents. Lorsque le document est trop grand pour 6tre reprodult en un seul clichd, il est filmd d partir de Tangle sup6rleur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 ' ■« 9 6 <«r. ■%.'i rj* mmm A LETTER .: ' ' ON THB SUBJECT OF THE DIVISION COURTS: iSS> WITH . r PROPOSED ALTERATIONS "^^ :'\. -;>; IN THE JTJRISDicflOF AND DETAILS OF THE SYSTEM. FROM HIS HONOUR JIIDOE BURNS, TO THE ATTORNEY GENERAIi, CANADA WEST. 'J 1 f fi TORONTO: PRINTED BY SCOBIE & BALFOUR, ADELAIDE BUILDINGS, KL\G STREET. 1847. •^^WT:"^^" -•■'■ T r™™^v ''■'^~?^!ir~"i r« T , ijv -■ >, ■,rit''. Appointments of Judges who Iiavc previously olficiated in any County Courts, not subject to 5 and 6 Vict., ch. 122. Section 16. For supplying vacancies among the Judges of the County Court. Section 17. That no Judge appointed under this Act shall, during his contiuuance as such Judge, practice as a Barrister within the Dis- trict for which his Court is holden under this Act, except those Barristers already appointed to preside in or hold the said Courts in Bath, Bristol, Liverpool, Manchester, Sheffield, Ec- cleshall and Middlesex, and now practising in chambers as conveyancing counsel, who may continue such practice. [Tho Judges, by this clause, aro only ^ostricted from practising at the bar in the Distnctt; over which they prositle ; and llioso who have been prac- tising before the Act came into operation, are allowed to continue. Having taken office upon the under- standing that they were <-t liberty to do so, such right is continued to them. If out Legislature had done the same thing in 1845, to those who accepted office after 1841, upon such an understanding, it would have been doing only what the mother country has deemed a just right to individuals. Instead, however, of legislating upon this principle, a change was suddenly made, without the least notice of it, and without any lemuneration. Such is Canadian opinion of what is right. J Section 18. That it shall be lawful for the said Lord Chancellor, or where the whole of the District is within the Duchy of Lancaster, for the Chancellor of the said Duchy, if he shall think fit, to remove, for inability or mis- behaviour, any such Judge already appointed, or hereafter to be appointed. Section 19. Provided always, that it shall be lawful for the Lord Chancellor or the Chan- cellor of the said Duchy, within their several jurisdictions, to remove any Judge from any District to which he shall have been appointed, for the purpose of appointing him to any other District in which tho salary of such Judge shall not be less than in the District from which he shall be so removed. Section 20. As to the appointment of a Deputy to a Judge. Section 21. Judges may act as Juetices, if in the Commission of the Peace. Section 22. That the Judges and other officers to be appointed under this Act shall be authorised and required to perform all such duties in, and relating to, any causes or matters depending in the High Court of Chancery, or before any Judge thereof, or before the Lord Chancellor, in the exerciuO of any authority belonging to him, necessary or proper to be done in their respective Districts, as the Lord Chancellor shall, from time to time by any general order direct ; and for this purpose, and subject to the general rules and orders of the said Court, shall have and exercise all such authorities as may be duly cxt»r?ised by the Commissioners or other oflicers of the said Court by whom such duties are now usually performed, and shall be entitled to receive the same fees and sums of money as are now pp"- able in respect thereof, to be accounted for and applied by them as the other fees authorised by this Act to be received, are directed to be accounted for and applied : provided always, that the future amount of such feea shall continue subject to the same authority for revising the same to which it is now subject. [Some years since, when changes were spoken of with reference to the practice of the Court of Chan- cery in this province, it occurred to me that the Judges of the District Courts would be proper per- sons to do all the duties of Master Extraordinary and Examiner in each of the Districts ; and I mentio..- eul the subject more than once to difierent memljers of the profession. The change which I spoke of in this country, has, as we see by this clause, actually been made in England. I thought it then advantageous to transfer these duties to a Judge, and it would, I am sure, bo found equally so in this country, as they seem to think in the Mother Country. By such a system, I am convinced we might entirely get rid of that useless system of written interroga- tories, which only multiply and increase unnecessary labour and expenses. It cannot be questioned, that the Legislature contemplated there might be exam- inations without written interrogatories; and un- doubtedly the parties might exercise the right of examination without written interrogatories if they pleased. As to the expediency of such examinations, none will deny who are in the habit of examiog wit- nesses. Mr. HoflTman, in his work upon the practice of tho Court of Chancery in tho State of New York, lys : " Iher le of wri'tei ut tho rules ai ever since sen almost lat disuse is ,ng interrog B interlocut nd become < ind again h ritness is o icompetent, s improper < he question, eem proper, gainst the i )roceed witl avour of th lown, if insii tarty against laso, the obj he party mi >n due notice )d, or the ob tre very bene 2efure the < questions are IMr. Hcffma taken before the witness the Cica-Chi usually adop these Bugge out by rule to the one taking evide expenses gr appointed by purpoi>e at e Section i of Courts I Section '. authority i who shall jesty's su] whom the subject to and in cat move, sub otherwise advice of 1 shall be ] and in cas Clerks as and paid b Section Chancello appointed Section a deputy i Section [The du( by our Act payment t< whereas ot 1 There is 'present, f< lat it shall tho Chan- leir several i from any n any other Judge shall n which he tment of a JuGtices, if and other ct shall be all such or matters lancerj, or the Lord authority oper to be the Lord ne by any irpose, and lers of the le all such jed by the f the said )W usually eceivo the i now ppy- )unted for authorised :t6d to be d always, feefi shall 'lority for subject. spoken of rt of Chan- 3 thai the proper per- iraordinary 1 mentio .- neinl>er8 of B of in this Dually been rantageous I would, I luntry, as intry. By lit entirely interro^a- inecessaiy oned, that be exam- and un- B right of es if they ninations, ming wit- e praotioe ew York, appointed) ^ys : " There is no oxpross provittiun prevonting tlio of wri'.ten interrogatories before an Examiner, ut tho rules are entirely uilent u|iun such a [)rBctice ; id ever since the role of Dec. 1, 1825, thoy have sen almost wholly disused. One good piTcct of lat disuse is, the extinction of the practice of refer- ing interrogatories, which nnay carry a cause upon appointed, n interlocutory point through almost every stuge, nd become a fruitful source of liiigution and delay nd again he says: "Upon the examination, if a itness is objected to as interested or otherwise competent, or any interrogatory is objected to s improper or irrelevant, the Examiner may rest^rve ibe question, or decide upon the objection, as he mny leem proper. If he reserves tho question, or decides igainst the objection, he shall note the sunie, and roceed with the examination. If he decides in favour of the objection, the testimony may be taken ^own, if insisted on by the solicitor or counsel of the )arty against whom the decision is made. In such »so, the objection and decision shall be noted, ^d he party making the objection may at the hearing, )n due notice, apply to have the deposition suppress- id, or the objectionable testimony expunged. These ire very beneficial regulations, by which the course }efore the examiner is rendered precise, and all questions are reserved for the decieiun at the hearing." Mr. Hcifman observes, that when the evidence is aken before the Examiner, it is written out fairly, and the witness signs it ; but when taken before one uf the Cice-Chancellors, it is taken down in the mode usuully adopted in trials at Nisi Prius. By adopting these suggestions, which may be easily carried out by rule of court, and enacting a clause similar to the one in England, the whole system of taking evidence would be much simplified, and the expenses greatly reduced. There might be days appointed by the judge of the District Court for the purpose at each of the District Court sittings ] Section 23. Treasury to appoint Treasurers of Courts holden under this act. Section 24. That for every Court under the authority of this act there shall be a Cleili, who shall be an Attorney of one of her Ma- jesty's superior courts of common law, and whom the Judge shall be empowered to appoint, subject to the approval of the Lord Chancellor, and in case of inability or misbehaviour to re- move, subject to the like approval j and until otherwise directed by her Majesty, with the advice of her Privy Council, overy such Clerk fihall be paid by fees, as hereinafter provided; and in cases requiring the same, such assistant Clerks as may be necessary shall be provided and paid by the Clerk of the Court. Section 25. In populous districts. Lord Chancellor may direct two Clerks to be appointed. Section 26. lo case of illness, be ., of Clerk, a deputy may be appointed . Section 27. Duties of Clerks. [The duties of the Clerk are the same as prescribed by our Act, but the schedule of fees provides for the payment to the Clerk for all duties required of him, whereas our Act is greatly deficient in this respect. There is much labour performed by the Clerk at present, for which ho receives no compensation. The Legislature, of cours.', did not intcn>l it shouM bo so, but it in imp.issitiic fr)r any one to providii for all ciinlingencicM, who in nut tiioroughly arqiinintcd uith the pniciicul working of the tsy-iiem. The present scale of remunPriition is not adequate to *he duiiMs pcrformefl ; that i*, if it is to be taKen as being the full amount lu be paid him. The fees allowed in the schedule are snUicient for the duties prescribed by it; but the Art ro^piires him to peiform a variety of matters for the parties, for which he receives no remuneration; and it is such mutters as operate hardly upon the Clt-rk, and causes tiim by far the most trouble. He is obliged from thu first stage of suits to the last, to receive in and pay out all suitors' moneys ; to do which, with any degree of regularity, he must necessarily make a great many entries and consume a good deal of time. The proposed Act, from which our Act of 1841 was chiefly copied, pro- vid'3d for the Clerk being paid for this duty, and so doe? the present English Act. I shall propose that the Clerk be paid by the Plaintiff in each case a small remunerating fee for receiving, taking charge of, and paying him his money and taking a receipt for it When a Defendant pays the Clerk, which he may do without judgment, the Clerk is not bound, nnr is he bound after judgment, on payment being made, to give the Defendant any certificate of payment. I shall not propose to oblige the Defendant to take one, but we know that most parties desire an acquittance when they pay money; and to oblige the Clerk to give one without being paid for so doing, is mani- festly unjust ; I shall therefore propose that when- ever a defendant desires an acquittance or certificate of payment, he may have it by paying the Clerk a small fee lor it. I have known many sums of money lost, and 1 have reason to think from some cases before me, that sums uf money have been exacted twice for want of such vouchers. What has occurred once may happen again ; but when the Defendant may have such a certificate by paying for it, if such a thing should happen, it would be his own fault.] Section 28. Offices of Clerk, Treasurer, and Bailiff, not to be conjoined. Section 29. Officers not to act as Attornies in the Court. Section 30. Penalty of £50 on non-observ- ance of the two previous enactments. Section 31. Appointment of Bailiffs. Section 32. Provision for the High Bailiff of Westminster and Southwark. Section 33. Duties of the High Bailiffs, he. Section 34. Provision respecting Clerks and High Bailiffs of Courts under acts cited in schedules (A) and (B). Section 35. Provision respecting the officers of tho two Courts at Bristol. Section 36. Treasurers, Clerks and High Bailiffs, to give security. Section 37. Fees to be taken according to schedule (D), and tables to be exhibited in con- spicuous places. Fees may be reduced. Ap- propriation of surplus fees. Section 38. Compensation for persons whose rights or emoluments will be diminished. J Seclion JJl). Officers of Courts may be pnid by salaries instead of fees. If Court abolished, no compensation allowed except in certain cases. Section 40. Limiting amount of salaries to bo paid under this act. To the Judge £1200, and to the Clerk £600. Seclion 41. That the Clerk of every Court holden under this net, from time to time, as often as he shall bo required so to do by the Treasurer or Judge of the Court, and in such form OS the Treasurer or Judge shall require, shall deliver to the Treasurer a full account in writing of the fees received in that Court, under the authority of this act, and a like account of all fines levied by the Court, and of the expenses of levying the same; and shall pay over to the Treasurer, quarterly o : oftener in every year, by order of the Court, ihe monies remaining in his hands over and abovo his own fees, and such babnco as ho shall be allowed, by order of the Court, to retain for the current expenditure of the Court. [TheClfrks in thu Division Courts of this province ns the law stands, are compelled to furnish at their own expense the books necessary for the records of the Court ; and yet those books are made pui)lic property. This has always appeared to mo to be very unjust to the Clerks. Ir. will be soen that by the English act, such an cspondiiurc can bo provided for. There has been another oversight committed in our act, in not allowirig the .lodges to permit the Clerks to retain other current expenses of the Courts; such ns fur fuel, lirfrhts, and the use of rooms to hold the Court in. It has happened, that the Judgo has been obliged to adjourn the Court after going to the place appointed for it, because the person at whose Louse it had been holden, look it into his head to withhold the permission any longer. It has also been the case that the Judge lias been obliged to pay out of his own pockiit for fuel to warm the room ; and when ho has been unable to finish his cause list before dark, to pay for candles rather than adjourn over till the next day. No one could imagine that either the Judge or Clerk should pay these charges, or should be obliged to furnish a room. It is true that the hospitality of the people in the country is great in respect of these accommodations; but it is not right that the Courts should depend upon that, or that it should be expected individuals should furnisii such things gratuitously for the community. There must have been an oversight in the Legislature, which I should propose now be remedied by merely adopting the provisions of the English act.] Section 42. Clerks accounts to be audited and settled by Treasurers, and Treasurer to pay fees to the Judge. [It has always appeared to me a cumbrous mode of paying the salaries adopted in our act, that is, that the Treasurer should half yearly make up the ac- counts for the Receiver General, and if there be not enough received to pay disbursements, then a warrant shall issue for the deficiency. In such districts as the fees are sufficient no inconvenience is felt, but in those districts where the fees aio deficicit there is great inconvenience and delay. It is often from two to throo months after time for paymont, boforo t\ DUUty C salary of the .Judge is fully sottlod. Why should th tions br be so? All the Judges of tho urovlnco, except tl |ard and District Court Judges, are paid tnoir salaries by wa jujt con rant on tho consolidated fund every (juorter. sensible reason can be given fur adopting the exoe| tion. The consolidated revenue is chargeabla wit| all ultimate deficiencies, but it is unjust to the Jud| to make him wait till that bo ascertained before shall he paid, besides undoubtedly the present sysieiiiall bO in is complicated, both to the Ileneiver General and lb ly devisc Treasurer. The certainty to the Judge of being pc!: rjll or set his salary by warrant every riuarter, is of no smal mljcious moment to him, and why he should be placed upoi „ qj ^q^ a different footing from all others, is a question m ' _ Uy^ one can answer. I shall therefore propose so ti ' alter tho 13th and 14th sections of our act, as tha [This cl the Treasurer shall pay over the monies he receives jmmary as ho receives them, to the Reojiver General, ant ^j Courts that the Judges' salaries be paid as all other salarie ||| amount are paid.] there can {hero can ourts of ical Cour Section 43. Treasurer of the Court to ren-l „ ^^^ der occounts to Audit Board. K'have'con Sectiod 44. Commissioners of Treasury to mall matte direct how balances shall be applied. ry such mo " , Jourt of R( Section 45. Accounts of Treasurers to be ay, from pt audited under powers of SJS Geo. 3, ch. 52. irould have Section 46. Clerk to send to CommissionersT ''geid^^^h of Audit an account of all sums paid by him to Treasurer Section 47. ixpense ai jthers, in he amount mportanco Accounts, when audited, to be sent to Treasury. Section 48. Treasurers, with approval of "p^'Jf^'cite Secretary of State, to provide court houses, j„q person' offices, &ic. four of his Saciion 49. Where Common Gaols are inconvenient, prisons belonging to Courts under Acts cited iii Schedules (A) and (B) may be used. Section 50. Power for purchasing Land Section 51. Treasurer empowered to bor- row money for tho purposes of this Act. Section 52. A general fund to be raised for paying off money borrowed. Section 53. Property of Courts in Schedules (A) and (B) to vest in the Treasurer of the County Court. Section 54. Provisions for outstanding liabilities. aiiogmi.c, Section 55. Clerks to have the charge of lof £3 or the court houses, Stc, and to appoint and dis- not feel c miss servants, Sic. Section 56. Judje to hold the Court where her Majesty shall direct. Notices for holding Courts to be put up in a conspicuous place. Section 57. Process of the Court to be under seal. Section 58. That all pleas of personal actions, where the debt or damage claimed is not more than £20, whether on balance of account or otherwise, may be holden in the sight dollai lestroying )r £3, an( remedy of borrowing ing them, len to be I antly are, the ignore lecause th their cases conferring why they i property c sum of £l deliver a i boards, or altogethei have don £20. Tl of this CO in such CE value of p is equival gest that damages parties si Courts, so called As we pi lytnont, bororo tli)unty Court without writ ; and all such Why should th tions brougiit in tho said Court shall bo ovinco, oxcopi t\ ,ard and dotortnined in a eummary way in a ir salarios by wa jurt constituted under thia act : Provided optinlrThe'ex ^^7^ 'hat the Court shall not have cognizance 1 chargoabla wll ^^V ''^*'''" °^ ejectment, or in which tho ijust to the Judi ^^ ^° ^"Y corporeal or incorporeal herodita- rtained before h onlB, or to any toll, fair market or franchise he present sy^ten lall bc in question, or in which the validity of r General and tb ly devise, bequest, or limitation under any idge of being pc!: ,,{1 or settlement may be disputed, or for any "' '* *i^ "j *"""' lalicious prosecution, or for any libel or slan- is^ que* iio"^° °'' °^ ^°^ criminal conversation, or for seduc- propose »o" "( °"» °' breach of promise of marriage, our act, ag tha [Xhls clause gives jurisdiction to dispose of in u )nies ho receives jmmary way a great mass of casos which occupy ver General, anc ,., Courts ; and in a great many instances to tho all other salariei ,|| amount of the jurisdiction of the District Courts, 'hero can bo no doubt that since the abolition of the ! Court to ren- '<'"'''i °^ Request, and substitution of the piesent [>cal Courts, it would have been found advantageous have conferred a jurisdiction to entertain and try af Treasury to mall matters of trespass and trover. The power to lied. ry such matters was given in several of the English , Jourt of Requests Acts ' ^ ♦he extent of £10. I can easurers to U6 ay,frompractical observation, thatsuch a jurisdiction 3, Ch. 52. fould have been found beneficial, and of course will ommissionerE * '"'' '" fuluro ; for I have in many cases been obliged naid bv him t '"' ^°"*^ *^® parties to another Court, at a great " J " ixpense and loss of time both to themselves and jthers, in matters which, so far as regarded either audited, to be he amount in disputo by way of damages, or the mportance of the suit, might have been far belter \l aoDroval of l'*P°*6'l "f '" 'heir own Division Courts at homo, court hnii *^'"' ^^^^ as instances, casos of this description: uses, jjjg person's dogs worrying and killing some three or our of bis neighbour's sheep, worth some six or m Gaols are iight dollars; or one farmer's cattle getting into and ) Courts under destroying another's grain, to tho value of some £2 d (B) may be '' ^^' *""^ ^^® party being unable to proceed by the remedy of distress ; and tho more familiar cases of borrowing goods and not returning them, or damag- tsing L;e claimed is n balance of >lden in the provisions rospccting cnjia do not make it Cdmpul- sory upon plaintifTs), except as to coitiiiii amounts, t<» proceed in tho small courts. In liko manner, in our law tho provision as to costs of suits uti(Ior£ 10 might remain us it is in actions of contract; and might bo applied to actions of tort, when ihu sum recovered should not exceed JJCy. TliueiTuct of this would then bo, that lilaintiiFd might, in actions of contract between £10 and £20, and in actions of tort betwi^cn £5 and £10, resort to tho Division Court or to the Dis- trict Court at thuir option. This option of tiiu plain- tifl's could l;avo no injurious or ill etlect to thodufond- ants, for I should [)ropo3o to ndojit, a» in England, a provision that dofiindants might in casus of £10 or £5 as ihu caso might be, apply to tho judge to removo ilm case t.) tho District Court, if the judge deemed it proper to bo more formally tried and disposed ut'than in tho Division Court. This option would confer a great benefit upon plaintiiTs, who merely seek to make collections by giving them a speedy and inexpensive tribunal, at tho same time would give the defendant tho right to have tho cases more formally tried if they wore disposed to do so. Tho Division Courts are essentially courts for the collection of debts ; and to show that to be so, 1 will state that 1 kept a register of tho whole business of all tho Division Courts of tho Homo District, for tho year 184G, and out of 4103 cases ponding for the year, only G&O were disputed, 2223 were undisputed and judgments given upon them, and 1181 cases wero paid or settled by the par- tics without going into court. The ^ame result would happen, I have not the slightest doubt, if the facility of enabling parties to collect their debts under X'20 were given to the Division Courts. Tho prin- ciple I propose to apply to the Division Courts might bc applied to the District Courts, nnd tho jurisdiction of that court be extended to £100 in cases of contract, and £50 in cases of tort. The option to the plaintiff, tho provision in favour of defendants, and tho power of appeal, would aiTord great convenience to parties, and effectually guard every one against injurious or bad decisions. I have given the matter a good deal of consideration, and I am satisfied that the reform introduced into England by tho Local Courts bill, might be extended both to our Division and District Courts, with great advantage to the public] Section 59. Suits to be by Plaint. [According to tht. provisions of this Act, no deposit is required to bo made by the Plaintiff when com- mencing his suit; all ho is required to do, is to pay the fees in advance. During throe years past, I have not once had occasion to make any intiuiry respecting tho deposit money. It appears to me altogether a useless provision; for the Judge is invested with ample powers to award a Defendant compensation, and to enforce payment of it. Obliging a Plaintiff to make a deposit of one-twentieth part of the amount of his demand, in addition to payment of fees, is not only an inconvenience to him, but also to the Clerk in keeping accounts with respect to it ; and 1 have seen no instance, when there has been occasion to make a defendant an allowance for his trouble and expenses, that the deposit was adequate for the pur- pose. I shall propose to omit this provision ; for though, when the act was passed in 1841, it was considered an additional safeguard against parties bringing into Court unjust accounts and demands against Defendants, it has failed in having such eflbct ; and practical experience convinces mo of its nutility. i Our Act profosiPi Jo give forms i)f procrndings necosHary to the working of tho Act, but it hn« left m/iny unproviflfil (or, nnd wlmt in proposed to Ho now in respoct of ihi< Coiirli, would niHKo it inconvenient to profess to (;ivti uli tlio necessary forrtiH ; liesidos, there IS no necessity to give nny forrtm nt nil — iho Judges hi'ing n()W professional persons, can fritmu the neccs- sory forms by rule under authority given for that pur- pose. It is better that it should be so, and we cannot go wrong by following the Knglish Act in this respect. I shall propose to limit tho personal siirvicu of sum- mons to amounts above £5. No inconvenience can arise to a Defendant for any intimation that tho demand would be disputed, would cause the Judge, IS he now frequently does, to adjourn tho cause, and such nn alteration would be a great convenience to Plaintiffs, and a great saving of expense and travel" ling to the bailiifs.] Section 60. Summons may issue though cause of action may not aiise in tho District. Section 61. Processes out of District of Court, may be served by Bailiif of any other Court. Section 6S. Proof of service of Process out of the District, or in the absence of the Bailiff. Section 63. Demands not to be divided for the purpose of bringing two or more suits. Minors may sue for wages. Cases of Partnership and in- Section 64. Section 65. testacy. [The effect of this clause is, to give the Judge zet- tain of the powers of a Court of Equity iu matters of partnership and legacies ; when the amount to bo recovered does not exceed JC20, and to be settled in a summary way, I must say that I am altogether in favour of such a power being given to the Division Courts, and I say so from practical observation. I have occasionally met with cases which come within these classes, and which I have been obliged to dis- miss for want of jurisdiction . I can cite as instances, persons entering into a partnership of making bricks, and tho wholo amount of the balance in dispute between them being only a few pounds; and again, a couple of Shoemakers, after being in partnership a short time, separate, and the one contends the other has received too much for his share by some j£ 10. To send such parties to the Court of Chancery is a farce; and their not being able (o pay the expenses of that Court, amounts to a denial of justice to them ; for if they should be mad enough to do it, they would be unable to pay the expenses of drafting the Bill and Answer which would be required, to say nothing of the expenses of the other interminable proceedings which would bo required before it could be ascertained whe- ther theone owed the other £5 or not. I have observed an influential journal in England, advocating that such equity powers ought not to stop there, but should be extended to a variety o^ other cases, which, from the amount in question is jnsidered beneath the dignity of the Court of Chancery, or in which parties are advised that the remedy would be worse than the disease. I am satisfied the jurisdiction as given in England, to say the least of it, is no more than what parties having small demands against each other, growing out of the settlement of their partnership transactions or from small legacies left to them, have a right to expect the Legislature should provide for, when providing a remedy speedy and inoxpon«ive f( other cases, and [ know there are a great many pe suns to whom such a tribunal would be beneficial ao highly advantageous. If we find, as we do, persoi willing to try tho experiment of the Courts bavii jurisdiction, we may well conclude that there a hundreds of others, every year, '.vho know, or are to that they cannot succeed, and consequently do ai attempt it. Section 6G. Executors may sue and be Bue( [In thid Province, Executors have always bet suffered to sue in the Division Courts, because tht only sought to avail themselves of the jurisdiction reduce to their possession what once belonged to the testator, but which the law has vested in them ; bu on the other hand, it has always been considered tbi no suit could be there maintained against them i their representative capacity. The Act is silent e respects Executors; but as no execution could issu de bonit teUatorii it must follow that no such judg munt could be given . This state of the law is, an is felt to be a great hardship. It is only within a fe dsys past that a case occurred of a Defendant bein sued in the District Court for s demand of £2. A application was made to restrain the Plaintiff froi recovering full costs, but it could not be grante( inasmuch as he could not be sued in the Divisio Court. An alteration of the law is very desirable i this respect, and such an alteration, it is to be pn sumed, will not meet with objection from any one.] Section 67. No privilege allowed. One of several persons liabl Section 68. may be sued. Section 69. Judge alone to determine a! questions, unless a Jury be summoned. Section 70. Actions may be tried by a Jurj when parties require it. Section 7 1 . Party requiring a Jury, to mak a deposit. Section 72. Who shall be Jurors. Section 73. Number of the Jury. Five t( be sworn. Verdict to be unanimous. Section 74. Proceedings on hearing thi Plaintiff. Section 75. No evidence of demand to bi given not in summons. Section 76. Notices to be given to th( Clerks of special defences, who shall >^ommu nicate the same to the Plaintifif. [In the Schedule of fees, this duty to be performei by the clerk is provided for. In this country he ha never recei'ed anything. ] know no reason why h( should be obliged to take such trouble for nothing the pldintifF must pay the clerk for the steps in w cause he wishes done, and upon the same principl( so should the defendant. It a fee were given tfa< clerk for performing this duty, we should find i better attended to. I have known cases very fre" quently adjourned, to enable a defendant to compl; with the provision cf tho Act respectirig the giving notices of defences. With respect to ',. »€ whicl moy be adjourned, at present theclorkht. ^ f^ ^ oatdei of trouble with the entering of the minultia i« i»' upoi them, and again bringing the cases o >? n to t'»e nexl court. Th tho olork fc expenses o| so as in Er tiie clerk fo Section tratiou. [This pi that the Ju refer the s mended to Courts, anc have retain that way, 1 This clause dor such a Judgment, on an appll Section to be fran Section not appea Section does not judgment [Every want of a ] a rehearin trict, and a to a defend bo detaine which he c home whei so when I things ma^ to prove th somewhere the least O! long, I do only neccs be remedic in the Fro ant proof i that such Section Court. '. Plaintiff. [Our Sti nature, bui expenses possibility is, that at trial, the c is, he may and their t ment may the return that the cl payment t< within thri notice, wh I propose to the clei and then t the notice. Sectioi examined I inoxpoiuive f( g.-eat many pt )8 bonefioial ao I we do, pertoi e Count liavii that there wn to t^e nexf court. Tho party nsklng for imlulKcnco ouglit to pay tho dork for this trouMo, just an muoh uh paying ilio expenses of tho opposite party. 1 slum proposiutodo so as in Knglaod, provide for n sniiill foo to lio pui'J tiie clerk for both the foregoing servicuM.] Section 77. Suits may bo settled by rchi- tratioM. [This piovision I think a most excellent one, viz., that the Judge may, with the consent of tho parties, refer the suit to arbitration. 1 havo often rucom- mended to the parties such roferonce at tho Division Courts, and they have frequently adopted it ; and I have retained the suit, so that if they did not bouIo in that way, I might afterwards hear ond dotormino it. This clause, however, recognises an oward made un- der such a reference, and gives it tho operation of a Judgment, and is final unless the Judgo shall see lit, on an application to !)0 made to him, tn set it aside] Section 78. Forms of procccduro in courts to be framed by the Judges. Section 79. Proceedings if Plaintiff docs not appear or prove his case. Section 80. Proceedings if the defendant does not appear, and power to set aside the judgment, and grant a rehearing. [Every Judge in (he Province will say that tho want of a power to set aside the judgment, and grant a rehearing, has been felt more or less in every Dis- trict, and at every court. Some accident may happen to a defendant to prevent hir getting to cour' ; ho may bo detained and prevented by circumstances over which he can exercise no control — or he may be from home when the summons served, and continue to be so when the judgment rendered. A great many things may happen or take place which oro sufficient to prove there should be a corrective power vested somewhere. Why this evil — for evil I call it, to say the least of it — should have been allowed to exist so long, I do not understand ; and it appears to me it is only necessary to mention it, in order that it should bo remedied. I can say, and I am sure every Judge in the Province will say the same thing, that abund- ant proof is afforded, not once or twice, but very often, that such a power sliould have existed long since.] Section 82. Defendant may pay money into Court. Notice of such payment to be given to Plaintiff. [Our Statute at present has a provision of this nature, but is a very absurd one, and no guard against expenses being entailed upon parties without the possibility of being avoided. The law, as it stands, is, thot at any time before the day appointed for the trial, the defendant may pay money into court, tha: is, he may do so after witnesses have been subpoonaed, and their attendance cannot be prevented ; the pay- ment may be made in the nftfi.Mon of the day before the return day of the summons, and yet it is provided that the clerk shall give immediate notice of such payment to the plaintiff, and the plaintift shall signify within three deyt after he shall have received the notice, whether he intends to proceed fur any more ! I propose that the defendant shall make hi.> payment to the clerk five days at least before tho return day, and then time would bo afforded to give tho p'aintiffs the notice.] Section 83. Parties and others may be {examined. •(-;•;• .,v ;..ji.. ,■ B Section iii. Pcrtjona giving fuibo uvidonco,' to bo guilty of perjury. Section uH. Summonses to witnessed. Section aO. Penalty on witnesses neglecting summons. Section 87. Fines, how to be accounted for, and enforced. Section 88. Costs to abide the event of tho action, unless otherwise ordered by tho Judgc,^ and to be in his discretion. Section 89. Judgmcdts, how far final. Section 00. No action to be removed into superior court but on certain conditions. Section 91. Who may appear for any party in the said courts, together with what fees and costs shall bo allowed to Barristers and Attor- nies. Section 9£. Court may make orders for payment by instalments. Section 93. Provision where cross judg- ments. Section 04. Court may award execution against goods, Uc. Section 95. Execution not to issue till after default in payment of some instalment, and then it may issue for the wholo sum due. Section 90. What goods may be taken in execution. Section 97. Securities seized to be held by Bailiff, and if the execution bo not paid , the plain- tiff may suo in the name of tho defendant on the securities, when due. [The Inw has always been considered by olmost every one to be greatly deficient in giving tho plain- tiff proper facilities and effectual remedies in reach- ing the effects of tlio debtor after judgment has been obtained, and rendering the same available to pay tho amount. Tho debtor may havo tho means of suffi- ciently and abundantly paying or securing tlio amount of the judgment ngoinst him; but, unless his property consists nf something which tho Bailiff could nxposo for salo as well as seize, tlio writ of execution is per- fectly useless. Those two clauses cnaUlc [ilaintiffs to seize the monies and securities of the debtor, and to hold them in payment, nnd towards satisfaction of the judgment ; and if tho defendant does not satisfy the demand, power is given to the plaintiff to collect so much o" the securities, when they become duo, as will satisfy the judgment. Why tho Inw should have so long remained without giving creditors full right and power to look tc, nnd make available all the pro- nerty of the debtor, as well as a [)ortion, is not easy to explain, and why a defendant's pockets full of money, nnd securities for money and money duo to him from others, should not be as available, as cir- cumstances will admit of, to satisfy a debt which ho owes, as his horse nnd carringe, is a question which cannot admit of a negative answer. The alioration in our law is loudly called for. Not n court is hold that does not afford practical j)roof of tho necessity. At every Division Court u multitude of questions are 10 put by suitors to iho judge, to know wiiolhei- parties ' connotseizo upon monies of ihcir doblors, which ihny aoe paid befnrc their fures into tlie hands of tho cicik or bailiiT, and wlioihor they cannot in some way get at notes or securities, which are known to be in the hands of tho debtor, luid which the debtor, doubtless, could make avniliible to secure the amount due by him, if he felt disposed to do so. ^ut enough at present upon these .sections, for the matter is inti- iHotely connected with those which follow.] Sections 98 and 99. If the claim bo not satisfied, or debt poid, the creditor may obtain a summons, requiring the debtor to appear again and answer such charges as are laid against him, and as to his conduct in not pay- ing the debt ; and if he shall not attend the summons, nor allege a sufficient excuse, or refuse to bo sworn, or make proper disclosure, nor by his answers satisfy the Judge, or has obtained credit from the plaintiff under false pretences, or by means of fraud cr breach of trust, or has wilifuliy contracted such debt or liability without having had, at the same time, a reasonable expectation of being able to dis- charge the same, or shall have made, cr caused to be made, any gift, delivery, or transfer of any property, or shall have charged, removed, or concealed the same, with intent to defraud his creditors, or any of them ; or if it shall appear to the satisfaction of the Judge, that the party so summoned has then, or has had since, the judgment obtained ogainst him sufficient means and ability to pay the debt, or damages, or costs so recovered against him, either alto- gether, or by instalments ; and if he shall negleet to refuse to pay the same as shall have been ordered, it shall be lawful for such Judge, if he shall think fit, to order that any such party may be committed to the common gaol, or to any prison which shall be provided as the prison ef the court, for any period not exceeding forty days. [These powers not only are for the purpose of extending the principle of making the property of tho debtor available to the creditor, but nlso to punish fraud committed Ly tho debtor. The want of such a power in this country has been felt as a real griL'v- ance by a large portion of the community. It is true that the power to punish for fraud in certain cases was provided for by the 8lh Sec- of Stat. 5, V, illiam IV., and some convictions havo taken place under that Act; but the provi.Vion falls far sho.n of what is necessary to discover the truth, and affords no remedy whatever to the creditor as to the matters complained of. The whole of the circumstances of the fraud must he provel by other than the testimony of the party, for, unless the defendant seek tho protection or indul- gence afforded him by different statutes providing for such, no power is given to ask him a single question about his property. Creditors feel that the act. is almost a dead letter, for when property is to be made nway with, concealed, &C5., tho intent constitutes the crime, and that intent, unless indeed the patties wished to run into the meshes of the law wilh their oyes open as to tho consequences, would bo confined Bs much as possible to tho immediate parties con- cerned, who could not be examined as witnesses nguinst each other, for as both arc rcndetred liable td' misdemeanour, neither would be bound to criminate himself. The small creditor would find, were he to proceed under this Act, that it would cost him, to follow up the tedious and troublesome remedy by indictment, more than any benefit he would derive ; besides, in case of failure, exposing himself to a mali- ciotts prosecution in a case, too, perhaps where, if the deiendant could havo been interrogated as provided for by this Act, tho creditor might triumphantly hat« succeeded in punishing the party, and have made such discovery as would have led to the ultimate payment of his debt. I bad considered tho bubject upon this Act thus far, and committed my views to paper, when, by the kindness of a gentleman, I was referred to an article in the January number of the Westminster Review upon this subject, and I make the following extract from it, the language of w}iich I think peciuliarly applicable to thi?. Province. "The most important change in a right direction^ that is, in the direction of public honour and hOne)ty» is found in the Act of last sessioni entitled ' An Act for the more easy Recovery of Small Debts and De- mands in England,' 28th August,, 1846. But here let it be observed, that the term small debts is likely to suggest that the matter is one of but small and partial importance, that it belongs but to a email and unirin- portant section of commercial transactions ; it is not so, but, on the contrary, it is one nf the greatest pos* sible importance, becauce it affects the money affairs of a very large portion (almost all) of the middle classes of society, and, indirectly, of the humbler ulassess too. If there be any truth in the aphorism of Bentham — ' Maxima felieitns phirimorutn' — the question of small debts, being a question of sulrais- tence to nearly the whole people, and a question of good morals into the bargain, it becomes, next to the means by which men's lives and persons are secured nsainat violence, a matter of grandest importance. Poor-laws ore not mora vital to the existence of tho working classes than are small debt iaws to the exist* ence uf the same working classes, and the middle classes as well. Great men can protect themselves; great properties can protect themselves ; but smali men and small properties (small debts especially) mu8t bo protected by tho Ihw, or they all become annihilated."] Seclioii 100. P'jwer of Judge to resciad or alter orders. .. ^.^ , , Section 101. Power to examine and oommit at hearing of cause. Section 10£. Mode of issuing and executing warrants of commitment. ,-- <>■■■ Section 103. Imprisonment not to operatie as a satisfaction of the debt. Section 104. How execution may be had out of the jurisdiction of the court. Section 105. '•'^ower to Judge to suspend execution in r-riaii cases. Section lOt'. Regulating the sale of goo^ taken in execution. Section 107. As to the liability of goods taken in execution under 8 Ann«) chap. 17. Lundlords may claim rent in arrcar. Bailiflb u ired liable i& to criminate , were he to cost him, to remedy by ould derive; elf to a mail- where, if tlie Bs provided phantly havw re made such late payment his Act thus when, by the to an article ister Review wing extract ik peculiarly ght direction^ and hOnelty, tied ' An Act abts and De- But here let Is is likely to all and partial all and uniili- lons ; it is not greatest poB< money affairs the middle the humbler :be aphorism inioi-um'— the ion of subsis- a question of 8, next to the 3 are secured t importance, istence of the rit to the exist* d the middle :t themselves ; es ; but small is especially) !y ail become o resciBd or and oommit id executing t to operate may be had • to suspend ale of goods ty of goods \e, chap. 17. !ar. Bailiflb making levies may distrain for rent and costs. In cases of replevin. Section 108. No execution shall be stayed by writ of error. Section 109. Execution to be superseded on payment of debt au^ costs. Section 110. Debtor to be discharged from custody upon payment of debt and costs. {I may introduce here some remarks about the facility of parties removing theii goods bofore any judgment can be obtained, and so defeat the claims of creditors. Instances have frequently occurred where a defendant has either been served with sum- mons or apprehended ha would, and packed up his goods and removed them out of the province. One of the first cases brought under my notice in the Division Court, was of this description : the defen- dant, a few days before the sitting of the court, re- moved the whole of his effects to the States and defrauded his creditors, who had sued hiiri for various small sums, amounting in the whole to nearly j£50. Other cases have come under my notice since that time of a similar thing being done, and the number of such cases it is impossible to say, inasmuch as when plaintiffs find themselves placed in a position where they incur expenses witliQut any prospect of payment, they generally abandon further proceedings. I pro- pose that the plaintiff shall be allowed, upon making affidavit of the truth of his debt, and that the party is about to remove his goods, which shall be cunfirmed by some one not a creditor of the defendant, to obtain from the Clerk a warrant of attachment, to enable the Bailifi* to seize and detain the goods till judgment given, or the Judge make other order in the matter. If the defendant give security to abide the judgment, to have his goods restored to him, and that the Judge shall be invested with power to inquire, at the hear- ing of the cause, whether there were grounds or not to detain the defendant's goods, and if ho think not, to compensate the defendant for any injury he has sustained. The facility of removing goods and effects beyond the power of the courts is so great iii '^s country, and there being no right to arrest for less than j^lO, it seems to be absolutely necessary to protect creditors in small debts by some provision of this kind.] Section 111. Minutes of proceedings to be kept.. Section 112. Suitors' monies unclaimed in six years, tu go to the general fund. Section 113. Power of committal for con- tempt. Section 114. Penalty for assaulting Dailiiftj, or rescuing goods takon in execution. Section 115. Bailifilr: made answerable for escapes and negiect to levy execution. Section 116. Remodie.s against, and penal- ties on, Bailiffs ard oth«rotiicers for misconduct. Section 117. Penality on otiicers taking fees besidea those allowed. ^ Section 1.8. Claims as to goods t8!"n in excRution to be adjudicated in court. [This provision is of the nature of the interpleader law, of which Sheriffs can avail themselves when claims aro made (o goods seized by them, I consider this a most excellent provision for all parties. Claims are made upon goods seized by tho bailiff constantly — the bailiff is unwilling tn proceed to sale without an indemnity — the plainiitf does not know what to do: he cannot learn the facts upon which the claim is based, for the parties studiously avoid giving him any information, and thus he is placed in the position a{ either being compelled lO give an indemnity, and run tlie risk of being sued upon it ; or he must tell tho bailiff to find out the truth of the claim in the b^st way he can, and take his remedy against the bailiff, if he thinks he can succeed. The plaintiff r^ay exer- cise some choice, and abstain fiom pressing; but the bailiff has no choice, he must necessarily expose him- self tu the claims of one or other of the parties. Tho interpleader Act affords the Sheriff a protection ; but at present there is no protection or means given of ascertaining the claims of parties upon a Division Court execution. Suits and complaints are brought, and made constantly in consequence of the want of a summary power to settle these claims. It is obvious that if it be necessary to protect small debts, by giving an easy remedy for their recovery, it is equally necessary to afford a summary remedy to ascertain clnim.^ on the means of paying those debts to the extent of tho demand.] Section 119. Actions of Replevin may be brought without writ. Section 120. Plaints where to be entered. Section 121. How actions of Replevin may be removed. Section 122. Possession of small tenements may be recovered by Plaint in County Court. If tenant, fac, neglect to appear or refuse to give possession, Judge may, on proof of ser- vice of summons, issue a warrant to enforce same. Section 123. The manner in which sdch summons shall be served. Section 124. Judges, Clerks, Bailiffs, or other ofHcers not liable to actions on account of proceedings taken. Section 125. Where Landlord has a lawful title, he shall not be deemed by reason of irreg- ularity. Section 126. How execution of warra.'t of possession may be stayed. Section 127. Proceedings on the bond for staying warront of possession, fcc. Section 128. Concurrent jurisdiction with superior Courts. [The foregoing ^eciions contain provisions with res])ect to overholding tenants, and how landlords are to proceed in such cases before tho small courts. We have provisions bj c jr laws now in force for that pur- pose, and ns I have not heard complaints against the system, I suppose it has been found to be sufficient.] Section 129. As to actions brought for small debts in superior Courts. [This section renders it compulsory at tlic risk of costs, to bring suits, if founded on contract when the verdict shall be less than £20 in the County Court ; n and actions if founded on tort when the verdict shall ha leas than £5, The effect of this is, that plaintiffs in actions of tort may go to the County Court, if they please, for claims less than £20, but are not com- pelled to do 80 for less than £5. I propose to leave the provision respecting costs in actions founded on contract as it is at present. This will not render it compulsory upon plaintiffs to sue for demands be- tween £10 and £20 in the Division Court — they may do it if they please ; and I.shall propose a clause giving the defendants a right to apply to the Judge of the District Court, or a Judge of the Queen's Bench, to remove the suit upon terms that may be thought right between the parties. In like manner with actions founded on tort, I shall propose it bo compulsory in cases below £ 5, that they be sued in the Division Court; but between £5 and £10, the plaintiff may bring his suit there if he pleases, and the defendant may remove the suit, as in other cases.] Section 130. Penalties and costs to be recovered before a Justice, and levied by distress. Section 131. In default of security, ofTender may be detained till return of w .rrant of dis- tress. Section 132. In default of distress, offender may bo committed. Section 133. Penalties not otherwise applied, to be paid into the general fun do Section 134. Justices may proceed by sum- mons m the recovery of penalties. Section I3b. Form of conviction. Proceedings not invalid for Distress not unlawful for Section 136. want of form. Section 137. want of form. Section 133. Limitation of actions for pro- ceedings in execution of this Act. Section 139. Provision for the protection of officers of the Court. Section 140. Act not to affect rights of Universities of Oxford and Cambridge. Section 141 . Nothing to affect the Courts of the Wardens of the Stanneries. Section 142. Interpretation of Act. Section 143. Act may be amended, &ic. [I shall now lay before the public the draft of an entire new bill, amending the Act of 1341 and subse- quent Acts, upon the basis of the English Act, and the observations 1 have made upon some of its clauses. The clauses have been framed with reference to the practical working of the present system, and I am convinced the alterations will be found beneficial to the commercial as well as every other part of the community. My opinion, however, is but one among thousands who may consider the question ; and for that reason I place it before the public in order that its various provisions may be well digested before alterations be adopted. By way of illustration of the practical use of the Division Court, and how it may tend to assist in adopting provisions for extension and amendment, I subjoin a statistical tabic, kept for tho Home District, for tho year 1846 :— Statistical Account of the business in the Divi- sion Courts of the Home District, from 1st January to 3lst December, 1846. 00--)0>&nrfkMtS>- crB-B-sra-fcg," ooooDgqO ■*. *. £. ■*. ■*. ■* o o 5' o' 5' 5' S s a a s a 3 B at Number of suits coei- tested when amounts ordered to Plaintiffs. CO ^9 to in io "^ tS io t-" V> it>00N^tO'«<00^O> The amount awarded to Plaintiffs when contested. CO • • t-» H-i-oa f to Number of suits contested when sums ordered to Defendants. it to Oi i<5 0> Oi O CO tS O O O CO O) CO cn O O to W Oi OS The amount so awarded to Defendants. 69 a* to ^ ea to (ji to to CD cnoscoo9C;icicoo Number of suits con- tested when judgments for Defendants. CD CO to OTOlOSODOSOOStO OOOSOjOJ'^COtn Total of contested suits. CO 1)9 w ta h^ 63 00 oitnotocotoeoco Orfki(k-vico©«ieo Number of suits when judgments for Plaintiffs by default. CO o to _ — ^- CO •-'tOi->i—COi*«.030i COOOSOiCnt—OSia OlOCn*^-^aOr-C/I cotSMOi->Cnco^ H-00©CO«OOlOOOJ The amounts so awarded to Plaintiffs. CO CO tCi OQ i4^ Ul >-• o h-i k-i 4^ o tu o O *^ OJ Number of suits when the suits have been paid or settled. CO CO to » ts a> en CO en CO iCk tl^ C5 ^ ^ M en CO o eoH- en CO VI ta CO >-i en CO ,tk to 1^ CO en rfk CO CO CO to The amount of suits so paid and settled. Hi CO CO CO en to 05 en ■(Ik o •vi CO en o en iCk CO en oD 1 OS O M ' to to h' Hi H-' en ^ i*k »- OS O itk CO O CO OS *^ CO C3S CO CO Total amounts. S5 o o o Ks a a »0 ffl « Number of Jury cases. aaaaaaasp CD>0(DOA(DCrCr* PSPPPPOO >g ne Division Court held in every City and Dis- rict Town; and that a Court shall be holden mder this Act once in two months in and for (very such Division; and it shall and maybe awful for the Judge presiding over the said ourts respectively, to fix and appoint the times ,nd the places within such divisions when and which such Courts shall be holden, and in ike manner from time to time to alter the ame. n. And be it enacted, That the Divisions of ach District so declared and appointed, and le times and places of holding such Courts, ind all alterations that may be from time to ime made therein as aforesaid, shall be entered ind recorded by the Clerk of the Peace, in a look tc be by him kept for that purpose; and it ihall be his duty to transmit to the Governor >f this Province, a copy of such entry and ecord as soon as the same shall have been nade. in. And be it enacted, That the Justices so iBsembled as aforesaid, shall be required to lumber the said Divisions, beginning at num- ter one ; and that the Court to be held in each Mvision shall be known by the name and style The (first or other as the case may be^ !)ii»«ton Court for the District of -. IV. And be it enacted, That the Judges of le District Courts of the several Districts in Canada West, shall preside over the Division Courts within their respective Districts, and no such Judge shall, during the continuance of his appointment be capable of being elected, or of sitting as a Member of the Legislative Assembly of this Province ; and every Court holden under this Act shall be a Court of Record. V. And be it enacted. That in case of the illness or unavoidable absence of the Judge of any such District Court, it shall be lawful for such Judge to appoint some other person, who would be otherwise qualified to be appointed a Judge of such District Court, to act as hia Deputy; and every person so appointed shall, during the timo for which .-S shall be so appointed, have all the powers and privileges, and be subject to all the duties of the Judge by whom he shall have been so appointed : and notice of every such appointment shall be forthwith sent by the Judge or Deputy Judge, to the Governor of this Province, and such notice shall specify the name, residence and profession of the Deputy Judge, and the cause of his appointment, and no such appointment shall be continued for more than one calendar month without a renewal of the like notice : and it shall be lawful for the Governor to annul any such appointment of which he shall dis- approve. VI. And be it enacted, That for every Court holden under the authority of this Act, there shall be a Clerk, and one or more Bailiffs ; and the Judge of the District Court shall from time to time appoint, and at his pleasure remove, the Clerk and Bailiffs of the Courts holden by him. VIL And be it enacted, That the Judges of the said District Courts in their respective Districts, shall be authorized and required to perform all such duties in, or relating to any causes or matters depending in the Court of Chancery for that part of this Province formerly called Upper Canada, necessary or proper to be done in their respective Districts, as the Vice Chancellor o*" the said Court of Chancery shall from time to time by any general order direct, and for this purpose and subject to the general rules and orders of the said Court, shall have and exercise all such authorities as may be exorcised by the Examiners, Masters Extra- ordinary and Commissioners, or other offirers of the said Couit by whom such duties are now usually performed ; and shall be entitled to receive the same fees and sums of money as are now payable in respect thereof, to be accounted for and applied by them, bj the other fee» authorized by this Act to be received, are directed to bo accounted for and applied r Provided ahcays, That the future amount of such fees shall continue subject to the same authority for revising the same, to which it is now subject. VIII. And be it enacted, That no person who is an articled clerk, or a practising attorney ii ii« «' i in iiii «'i i >' ' -n' . « ii i » 3EM li shall hereafter be appointed ag Clerk in any Court holdoi? under this Act, and that every Clerk of such Division Courts shall be paid by foes, as hereinafter provided, and that it shall be lawful for the Clerk of every such Division Court [with the appro >'al of the Judge thereof] to appoint from time to time a deputy to act for him in the office of the Clerk of tlie Court, at any time when he shall be prevented by illness or other unavoidable accident from acting in such office, and to remove such deputy at his pleasure ; and such deputy, during the time for which he shall be so appointed, shall have the like powers and privileges, and be subject to the like duties, as if he were the Clerk of the Court for the time being, and the Clerk of the Court shall be civilly responsible for all the acts and omissions of his deputy. IX. And be it enacted, That the Clerk of each Division Court shall issue all summonses, warrants, precepts, and writs of execution, and register all orders and judgments of the Court, and keep an account of all proceedings of the Court, and shall take charge of, and keep an account of, all Court fees and fines payable or paid into Court, and of all suitors' monies paid into and out of Court, and shall enter an account of all such fees, fines and monies in a book to be kept by him for that purpose, which book shall be open to all persons desi- rous of searching the same, on payment of one shilling for each search ; and it shall be the duty of the said Judges to mspcct and examine the quarterly accounts [the said Clerks making such quarterlyreturns as may be directed and ap- pointed by tiie Governor] of the several Clerks within the District of every such Judge, of the fees and monies received by them, and to com- pare such accounts with the book required to be kept by the Clerk, and with the accounts, papers, and minutes of proceedings ; and such Judge shall certify, on each such account, that he has examined the same, and believes it to be correct, or if he does not believe it to be correct, he shall state his objections thereto, and the Clerk shall therefore forward the account, with such certificate, to the Treasurer of his District. X. And be it enacted, That the Bailiffs shall attemi every sitting of the Court, and shall serve all summonses and orders, and execute all the warrants, precepts, and writs issued out of the Court ; and the Bailiffs shall, in the execution of their duties, conform to all such general rules as shall be from time to time made for regulating tlie procedings of the Court, as hereinafter provided, and subject thereunto to the order and direction of the Judge ; and the said BaililTs shall be entitled to receive all fees and sums of money allowed by this Act in the name of foes payable to the Bailiff; and every such BailiflT shall be responsible for all the acts and defaults of himself, in like manner as the ShcrifT of any District ia responsible for tli , j^^y j lessen th acts and defaults of him-.oif and his officers. XI. And be it enacted, That the Treasure Clerk, and Bailiff of every Court holden und( this Act, who may receive any monies in th execution of his duty, shall give security f( g scale of such sum, and so many sureties, and in sue jt be not ii manner and form as the Governor of this Pr( vince shall see reason to direct, for the du performance of their several offices, and for th due accounting for, and payment of all monic received by them under this Act [or which the the Clerk him shall any or eit XIV. Am every Dis fees of th( ietrict; an< id a per c may become liable to pay for any misbehavioi inured pou in their office.] gg of the ( XII. And be it enacted, That there shall b eneral, an payable on every proceeding in the Court irtain ealar holden under this Act, to the Judges, Clerk ) case mor nad Bailiffs of the several Courts, such fees a eluding th are set down in the schedule to this Act ai Vic. ch. nexed, or which shall be set down in any schfl ^^^} ^^ ^^e dule of fees reduced under the power herein iving due after contained for that purpose, and non iveral Dis' other ; and a table of such fees shall be put u » the Judgi in some conspicuous place in the place wher 'all occur the said Court shall be holden, and also in th ithority b] Clerk's office ; and the fees on every proceed 'e amount ing shall be paid, in the first instance, by tb 'on the co plaintiff or party on whose behalf such proceed XV. Ant ing is to be had on or before such proceedin| ich Divisi and, in default, payment thereof shall be en id as oftei forced by order of the Judge, by such ways an te Traasui means as any debt or damage ordered to b ( every th paid by the Court can be recovered ; and th cciouht in ' fees upon executions shall be paid into Cour lourt unde at the time of the issue of the warrant of exe ke accoun cution, and shall be paid by the Clerk of tb nd of the : Court to the Bailiff, upon the return of th ke accoun warrant of execution, and not before. Providet eived out a^ifa?/s, that if the BailiflT shall neglect or refaa 'laintiffs ii to make a return within the time required b nd decree law of any summons, order, precept, or war le Court, rant of execution, or other process, he shall » Court be for each such neglect, forfeit his fees on sue! nts; and t summons, order, precept,' or warrant of execu f such fir tion, or other process ; and all fees so forfeited och Clerk, shall be accounted for, and paid by the Clerk o uch sum o the Court to the Treasurer of the District, t y order of form part of the general fee fund. xpenditur XIII. And be it enacted, That it shall an ^^^^ ^^^^^ may be lawful for the Governor of this Provinci ^^^ ^^^^ at any time hereafter, whenever the aggregat ^^^ pund amount of the fees payable into the fee funi ^^. ^ under this Act, in the different districts o - "f. Canada West, together with the fees payabli 1® .1**"^ to the same fund under the present Diatrii**' *"* ^^^ Court Acts, or under any other Act now i force, or hereafter to be passed, shall be naoi than sufficient to pay the salaries of the differ] ent Judges of the said District Courts ; i lessen the amount of the fees to be taken foi the Judges in the Courts holden under this Aci in such manner as to him shall seem fit, «ni qu( lade by t] e same t( f this pro iOnies are to the 3( rend( ar, vince a eived ( 15 ijn nffloAro '° ''^ °^°y '"''"^ ^^*®' *^° passing of this Act, lessen the amount of the fees to bo taken the Clerks and Bailiffs, or either of them, as him shall eeem iit, and again to increase ail any or either of the foregoing fees, so that security f( g scale of fees given in the schedule to this and in sue ;t be not in any case surpassed. XIV. ^nd be it enacted, That the Treasurer every District shall be the Receiver General fees of the several Division Courts within iiis lis officers. he Treasure holden und( monies in th r of this Pn for the du es, and for th i-k°k" '8*"'^*'» *"^ every such Treasurer shall be °^ -"hu • '^ ** P®*^ centage of three pounds on every misbehavioi nyjred pounds of the gross produce of the ea of the Courts of which he is the Receiver there shall b eneral, and every Judge shall be paid by a the Court irtain salary; the salary of a Judge being- in idges, Clerki ) case more than £ or less than £ such fees a eluding the salary already mentioned in the this Act an Vic. ch. 13, and the Governor in Council in any sche i&ll ^x the salaries to be paid to the Judges, power herein iving due regard to the population of tlio se, and non iveral Districts; and the salaries to be paid hall be put u • the Judges may be increased, or cs vacancies le place wher »all occur may be diminished, by the same nd also in th ithority by which they shall be first fixed, nnd jvery proceed ie amount of such salaries shall be charged stance, by th 'on the consolidated fund of this province, such proceed XV. ^nd be it enacted, That the Clerk of :h proceedinj ich Division Court shall, from time to time ' shall be en id as often as he shall be required so to do by Buch ways an te Treasurer of his District, and at least once ordered to b i every three months, deliver to him a full n ered ; and thi iCouht in writing of the fees received in such id into Cour ourt under the authority of this Act, and a warrant of exe ke account of all fines levied by the Court, Clerk of thi nd of the expenses of levying the same, and a return of thi ke account of the monies paid into and re- bre. Provider eived out of Court by the Defendants and gleet or refub laintifFs iu the said Court, under any orders le required b nd decrees of the Court, or under process of cept, or war le Court, and of the balance then remaining ;ess, he shull i Court belonging to the PlaintiflTs or Defend- fees on suci nts; and the amount of such fees and balance rant of execu f such fines, from time to time received by 3S so forfeited uch Clerk, shall be paid over, after deducting y the Clerk o uch sum or sums as the Clerk shall be allowed, he District, t( y order off Court, to retlin for the current xpenditure of the Court, from time to time it sh 11 an ° ^^^ Treasurer (such payment being made at jast ' , • p . sast once in every three months), and shall iDis rrovinci ^^^ . ^j. ^ ^^^^^ ^^ ^^ ^^^^^^ ^^^ General the'^fSTn! '^^ ^'""^ °^ ^^^ HWmon Courts, t districts o ^^'' *^'"' ^^ *' enacted, That the Treasurer fees payabli '"^very District shall, after the receipt by him esent Distric ^ ^^'^ quarterly or other payments so to be • Act now ii ""^^ ^y ^^^ Clerks as provided for, pay over shall be mori '>6'"i'no to the account ofthe Receiver General J (jf tjjg ^jflfgj f this province, in like manner as other public t Courts • t( "*'*'®8 are paid over; and also shall, on or be- be taken fo *^° *^® ^^^ ^""^^ *"^ ^^^* December, in every nder this Act **""» ^^^^'^^ to ^^^ Inspector General of this seein fit «!» ''^^'•'c® * true account in writing of all monies ' pceived on account of the Division Courts liolden under this Act, during the period com- prised in such account, in such form and with such particulars as the said Inspector General shall from time to time require, and shall within ten days after the rendering of every such account pay over the amount of any monies so received as aforesaid to the Receiver General of this province, in manner as aforesaid, which mr:y then remain in his hands; and if default shall be made in such payments, the amount due by the Treasurer shall be deemed a speci- alty debt to her Majesty. XVil. And he it enacted, That the accounts to be kept by the several Treasurers on account of the said Courts, shall be deemed public ac- counts, and shall be inquired into nnd audited,, and shall be within any provision of law now or hereafter to be in force for auditing public accounts. XVIII. And be it enacted. That if any person havin^j; resigned, or having been removed from the office of Treasurer, or of Clerk of a Divisioa Court, shall neglect, after twenty-one day's notice to such person, which notice the Judge shall cause to be given, to account for and pay to the Receiver General of this province, or the Treasurer of the District for the time being, all such sums as shall remain in his hands of monies received under the authority of this Act, it shall be lawful in the case of the Trea- surer to proceed as in ordinary cases of debtors to the Crown, and in the case of a Clerk of any Division Court, for the Treasurer for the time being, in his own proper name only, or by his name a.id description of office, to sue for and locover the same from such person, with double costs of suit, in any Court of Record in this ])rovince having competent jurisdiction, by ac- tion of debt; in which action it shall be suffi- cient for such Treasurer to declare as for money had and received to the use of such Treasurer, for the purposes of this Act; and the Court in which the action shall be brought may, at the instance of either of the parties, refer the account in dispute in a summary way, to be audited by any officer of the Court or other fit person, who shall have power to exa- mine the parties and all witnesses upon oath; and upon the report of the referee (unless either of the parties shall show good cause to the contrary), the Court may make a rule either for the payment of such sum as upon the report shall appear to be due, or for staying the pro- ceedings in tho action, and upon such terms and conditions as to the Court shall appear reasonable; or the Court may order judgment to be entered up as by confession, for such sum as upon the report shall appear to be due. XIX. And he it enacted, That in all actions to bo brought, as well as in all proceedinga whatsoever to be instituted or carried on by any Treasurer, by virtue of this Act, proof of IC n hie acting in the execution of the office of Treasurer, shall be sufficient evidence of liis holding Buch office, unless the contrary shall be shown in evidence by the defendants in such actions, or the parties against whom such pro- ceedings shall be instituted and carried on. XX. Jlnd be it enacted, That for every Court holden under this Act, there shall be made a seal of ihe Court, and all summonses and other process issuing out of the said Court shall be sealed, or stamped witii the seal of ihe Court ; and every person who shall forge the seal or process of the Court, or who shall serve or enforce any such forged process, knowing the same to be forged, or deliver, or cause to be delivered to any person, any paper falsely pur- porting to be a copy of any sumr.ions, or other process of the said Court, knowing the same to be false, or who shall act, or profess to act, under any false colour or pretence of the pro- cess of the said Court, shall be guilty of felony. XXI. And he it enacted, That all pleas of actions founded on contract, where the debt or damage claimed is not more than ££0, whether on balance of account or otherwise, and ail pleas of actions founded on tort, respecting per- sonal property, where the damage claimed is not more than £10, may be holden in the Division Courts under this Act without writ : and all such actions brought in the said Courts shall be heard and determined in a summary way : Provided always, That the said Courts shall not have cognizance of any action in which the title to lands, or to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question, or in which the validity of any devise, bequest, or limitation under any will or settlement maybe disputed, or for any breach of promise of mar- rioge, or for any gambling debt, or for any spirituous or malt liquors drunk in a tavern or aJe house. XXII, And be it enacted, That the plaintiff, in any suit brought in any Division Court, shall enter a copy of his account or demand in writ- ing, wherein he shall state the defendant's nanne at length, and his place of residence, which shall be numbered according to the order in which it shall be entered, and thereupon a Bunnmons, stating the substance of the cause of action, and bearing the number of the account or demand on the margin thereof, shall be issued under the seal of the Court, according to such form as shall be directed by the rules made for regulating the practice of the Court, as hereinafter provided ; and a copy of such summons, to which shall be attached a copy of such account or demand, shall be served on the defendant eight days at least before the day on which the Division Court shall be holden, at which the cause shall be tried ; and delivery of such copies of summons and account, or demand to the dcfondanS or delivery thereof to hi wife, or servant, or any grown person, being o inmate of his dwelling-house, or usual place abode, trading or dealing, shall be deemed good service of such summons. Provide always. That personal service on the debtor such summons shall bo ' necessary in all case where the amount sued for exceeds the sum o vages or five pounds. « the san XXIII. And be it enacted, That all suit ^^Y\\ brought under this Act shall be tried at thi ege shall Court holden for the Division, wherein th( auso of hall be m XXVII awful for »ne years, curt und reater th lira from IS in the I any super XXXI. )laintiffsl ible unde sons, par Einswerabl defendant, or where there shall be more thai 'y_'^_. one defendant, wherein any one of the defend ants shall dwell, or carry on his business at th( time of entering the account or demand, or a jxtend to the Court holden for the Division within whicl ceeding tl the debt was contracted, or tort committed. )art of t XXIV. And be it enacted, That any summoni ''^J™"^ or other process which, under this Act, shal ' " ^ " be required to be served out of the Divison from ^"^ ^^^' which the same shall have issued, may be ^~Ty served by the bailiff of any other Division, and ^wful for such service shall be as valid as if the same had '"^ "® ^^ been made by the bailiff of the Court out of ° "ke ma which such summons or other process shall right and, have issued within the jurisdiction of the Court for which he acts. XXV. And be it enacted. That service of any summons or other process of the Court which shall require to be second out of the Division, may be proved by affidavit, purporting to be sworn before any commissioner for taking , affidavits in the Court of Queen's Bench, in P^fsons n Canada West ; and the fee for taking suchE'?*^ affidavit shall not be more than one shilling ; and it shall be the duty of the Bailiff serving such summons to state, in such affidavit, the number of miles travelled to make such service, and to transmit by the post the original dum mens, together with such affidavit immediately after the service thereof, ♦o the Clerk of the Court from which the sa.ue was issued ; and the expense of postage, and also postage in the transmitting the summons for service, if any, together with the fee for swearing the affidavit of service, shall be costs in the cause, and be allowed in any judgment to be rendered for the plaintiff. XXVI. And be it enacted, That it shall not be lawful for any plaintiff to divide any cause of action into two or more suits, for the purpose of bringing the same within the jurisdiction of any Divinion Court ; but any plaintiff having a cause of action above the value of £20, for which a suit might be brought under this Act, if the same were not above the value of £S10, may abandon the excess, and thereupon the plaintiff shall, on proving his case, recover to an amount not exceeding £2,0, and the judg- ment of the Court upon such suit shall be in full discharge of all demands in respect of such the persoi ing that c served or diction ol against w tained uni tied such md recov Act, cont iable wit xxxu oftheDi shall be t in the Di' questions Jury be s and no si to hold olden ui XXXI actions ^ £2 10s., defendan try the s; Jury sha visions h Providei horoof to hi being n irson > usual place bo deemed 3. Provide^ne 1 the debtor •y in all case ds the sum vages ( n ?hat all suit ) tried at th wherein th be moro thai of the defend jusiness at th demand, or a within whicl committed. any summoni his Act, shal ) Divison from ^"^ 3ued, may be Division, and r the same had Court out process shal I of the Court lat service o of the Court d out of the fit, purporting »ner for taking n's Bench, in ' taking such one shilling kiliff serving L affidavit, the 3 such service, original dum t immediately Clerk of the s issued ; anc postage in the ervice, if any g the affidavit cause, and ndered for the at it shall not ^ any cause ol the purpose jurisdiction of intiff having a ! of £20, for ider this Act, ralue of £20, bereupon tike e, recover to nd the jadf lit shall be m ispoctofsueh It lause of action, and toe entry of judgment hall be made accordingly. XXVII. ^Tid he it enacted, That it shall bo awful for any person under the age of twenty- years, to prosecute any suit in a Division ourt under this Act, for any sum of money not reater than £20, which may bo due to liim for or piece-work, or for work as a servant, n the some manner as if he were of full age. XXVHI. winrf be it enacted, T^^at no privi- ege shall be allowed to any person to exempt lim from the jurisdiction of the Courts created >y this Act. XXIX. And be it enacted, That the jurisdic- ion of the Division Courts under this Act, shall ixtend to the recovery of any demand not ox- seeding the sum of £20, which is the whole of >artof the unliquidated balance of a partnersliip iccount, or the amount or part of the amount or distributive share under an intestacy, or of legacy under a will. XXX. And be it enacted, That it shall be awful for an Executor or Administrator to sue nd be sued in any Court held under this Act, like monner as if he were a onrty in his own right and judgment, and execution shall be such IS in the like case would be given or issued in any superior Court. XXXI. And be it enacted, That where any laintifF shall have any debt or demant' recover- able under this Act, against two or more per- sons, partners in trade or otherwise jointly sinswerable, it shall be sufficient if any of such jcrsons be served with process, and judgment may be obtained and execution issued against the person or persons so served, notwitljstand- ing that others jointly liable may not have been served or sued, or may not be within the juris- diction of the Court; and every such person against whom judgment shall have been ob- tained under this act, and who shall have satis- fied such judgment, shall be entitled to demand md recover in the Division Courts under this Act, contribution from any other person jointly iable with him. XXXII. And be it enacted. That the Judge f the District Court, or his deputy as aforesaid, hall be the sole Judge in all actions brought n the Division Courts, and shall determine all questions, as well of fact as of law, unless a ury be summoned as hereiiiatter mentioned ; nnd no suitors shall in any case be summoned to hold or have any jurisdiction in any Court ' olden under this Act. XXXIII. And be it enacted, That in all actions where the sum claimed shall exceed £2 10s., it shall be lawful for the plaintiff or defendont to require a Jiry to be summoned to try the said action ; and in every such case a Jury shall be summoned according to the pro- visions hereinafter contained to try such action : Provided always, That if the Plaintiff require be a Jury to be summoned, he shall give notice in writing to the Clerk of the said Court at the time wlieii he shall enter liis account or de- jmand; and the summons shall be marked in ! the margin thereof by the Clerk, with the j words " Jur^'^ Case;" and if the defendant shall j require a Jury to be summoned, he shall give notice in writing to the Clerk, within five days after service of the summons on the said defendant, and the Clerk shall cause a copy of such notice to be communicated to the plaintiff either by post, or causing the same to be deli- vered at his usual place of abode or business; but it shall not be necessary to prove on the trial that such notice was communicated. XXXI V. And be it enacted, That any party requiring a Jury to be summoned, shall at the time of giving the notice hereby required, and before he shall be entitled to have such Jury summoned, pay to the Clerk of the Court such sum of money as is set down in the schedule of fees for the time being, for or towards the pay- ment of the expenses of said Jury. XXXV. And be it enacted, That the causes which are to be heard by the Judge alone, shall be set down for hearing in a separate list from the list of causes which are to be tried by a Jury, which two lists shall be severally called « The Judfie's List," and " The Jury List;" and and the causes shall be set down in such lists in the order in which they were entered in the first instance with the Clerk of the Division Court; and "The Jury List" shall be first dis- posed of, and then "The Judge's List." XXXV I. And be it enacted, That the Clerk of the Peace in every District shall deliver, or cause to be delivered, to the Clerk of each Division Court within his District, at the same time and in like manner as Clerks of the Peace arc now required by law to deliver lists of Jurors to the severul Sheriffs, a true and complete list of the Jurors residing within every such division respectively ; and whenever a Jury shall be required, the Clerk of the Court shall cause not less than fifteen of the persons named in such list to be summoned in rotation, to attend at the time and place to be mentioned in the summons ; and the persons so summoned shall attend at the Court at the time mentioned in the summons ; and in default of attendance, shall be liable to a fine not to exceed ten shil- lings to be set on each person by the Judge, which fine shall be levied and collected as other fines are hereinafter directed to be levied and collected, and shall form part of the general fee fund to be paid to the Treasurer of the District. XXXVII. And be it enacted, That each Juror shall receive from the Clerk of the Divi- sion Court, out of the monies so deposited with him for that purpose, tlie sum of sixpence for every cause in which such juryman shall be sworn. t!!i»W.,i 18 'ii ii J' 1^ XXX VIII. JIndbc it ciutdcd, That when- ever there are any jury trials, five jurymen shall be impannelled, and sworn to do justice between the partieF, ncccordino: to the best of their skill and ability, and to give a true verdict according to the evidence : and either of the parties to any such cause shall be entitled to his lawful challenge against all or any of the said jurors in like manner as he would be entitled in any superior Court ; and the jurymen so sworn shall be required to give a unanimous verdict. XXXIX. Jlnd be it enacted, That on the day named in the summons, the plaintiff shall appear, and therefore the defendant shall be required to appear to answer ; and on answer being made in Court, the Judge shall proceed in a summary way to try the cause and give judgment without further pleading a formal joinder of issue. XL. >9nd be it enacted, That no evidence shall be given by the plaintiff on the trial of any cause as aforesaid, of any demand or cause of action, except such as shall be stated and contained in the account or demand entered as hereinbefore directed. XLI. Jlnd be it enacted. That all defendants shall be allowed to set off any debt or demand, not exceeding £20, claimed to be due from the plaintiff, or to set up by way of defence, and to claim and have the benefit of infancy, coverture, or any statute of limitations, or of discharge under any statute rcuaing to Bankrupts or any act for relief of Insolvent Debtors, or of any other relief or discharge under any statute now or hereafter to be in force in Canada West: Provided altvaijs, That if the defendant's demand, as proved, exceed that proved by the plaintiff, the Court may give judgment in favour of the defendant for such balance as may be due from the plaintiff, with costs of suit, which shall be recovered by such ways and means as any judgment rendered in favour of a plaintiff may be recovered : Provided also, That no such defence shall be admitted on the hearing a trial of any cause under this Act, unless notice thereof in writing shall have been delivered to the plaintiff or left for him at his usual place of abode or business within five days after the service of the summons upon the defendant ; and in cases where the plaintiff has no place of abode or business within the Divi- sion where the suit is commenced, or where the p!aco of abode or business of the plaintiff shall be unknown to the defendant, and he has been unable to discover the same, then the defendant shall deliver, or cause to be delivered, to the Clerk of the Court within five days after the defendant shall have been served with the summons, the said notice, and the Clerk of the Court shall, as soon as conveniently may be after receiving- such notice, communicate the tame to the phiintilfby the post or otherwise ; but it shall not be necessary (or the dufcndant to prove on the trial that such notice was com- municated to the plaintiff by the Clerk. XLII. And be it enacted, That when a defendant hath any claim or demand against the plaintitr exceeding the sum of £20, he may abandon the excess, and on proving such demand he shall be entitled to set off the same in like manner as he would in case the same did not exceed £20, and the judgment of the Court on such set off shall be a full discharge, as well of the amount allowed to be set off, as the amount by which such claim of the defendant exceeded £20, and such judgment shall be so entered accordingly. XLIII. And be it enacted, That the Judge may in any case, with the consent of both par- ties to the suit, order the same, with or with- out other matters, within the jurisdiction of this Court, in dispute between such parties, to be referred to arbitration, to such person or persons, and in such manner and on such terms as he shall think reasonable and just: and such reference shall not be revokable by either patty, except by consent of the Judge. And the award of the arbitrator jr arbitrators, or umpire, shall bo entered {as the judgment in the cause, and shall be as binding and effectual, to all intents, as if given by the Judge : Provided, That the Judge may, if he think fit, on applica- tion to him at the first Court held after the expiration of one week after the entry of such award, set aside any such award so given as| aforesaid, or may, with the consent of both par- ties aforesaid, revoke the reference, of order another reference to be made, in the manner aforesaid. XLI V. And be it enacted. That whenever the Judge holding any Division Court shall be satisfied that a jury sworn in any cause before him cannot agree upon their verdict, after hav- ing been out a reasonable time, he may dis- charge them, and then order the Clerk to sum- mon a new jury for the next sitting of the court to be held in that division ; unless the parties shall have consented that the Judge may render judgment on the evidence already taken before him, in which case he is hereby authorized to give judgment accordingly. XLV. And be it enacted, That every decision of the Judge, in any case heard before him, shall he openly pronounced in court, as soon as may be after tlie hearing thereof. XLVI. And be it enacted, That the Judge of the District Court shall have power from time to time to make general rules for regulat- ing the practice and proceedings of the said oFvision Courts, and also to frame forms for eveiy proceeding in the said Courts, for which he shall think it necessary that a form be pro- vided: and also for keeping all books, entries and accounts to be kopt by the Clerks of the paid Courts, and from tinic to time to alter any luch rule luch rules ihall not ihall hav( (y the Ch ifQueen'i brmerly hem ; an or herein >rinciples ;ommon 1 liscretion ceedings i XLVII Jay of th< Eontinuati or of the shall hav ippear th he shall a demand, shall be plaintiff, < and in cil appear, award to satisHjctic sum as th fit, and 81 plaintiff, I or damog can be re the plaint and the d on his bel of action the fees | plaintiff, 1 ceed to peared. XLVII so named tion or a which th< shall not absence, called in vice of tl ing or tri tiff only, as valid i tided alt the sam aside an^ the defe and may such tet giving s( terms as shown t XLD ra»y, in ICC was corn- >lerk. hat when a d Bgainst the -20, he may such demand same in like same did not the Court on irge, as well luch rule or form : Provided always, That tuch rules or forms so made, framed and altered, ihall not be brought into use until the same hall have been submitted to and approved »y the Chief Justice, and Judges of the Court )f Queen's Bench, for that part of this province brmerly called Upper Canada, or any two of hem ; and in any case not expressly provided or herein, or by the said rules, the general rinciples of practice, in the superior courts of sommon law may be adopted and applied, at the ;he defendant shall be so kt the Judge of both par vith or with urisdiction of [ch parties, to ich person or )n such terms ist: and such r either patty, e. And the irs, or umpire, in the cause, foctual, to alt ! : Provided, it, on applica- leld after the entry of such d so given as it of both par- jnce, or order n the manner whenever the lurt shall be cause before ict, after hav- !, he may dis- I!lerk to sum sitting of the I ; unless the at the Judge lonce already he is hereby rdingly J very decision ore him, shall I soon as may It the Judge 5 power from IS for regulat' ; of the said me forms for rts, for which form be prO' books, entries Clerks of the J to alter any 19 t oft, as the liscretion of the Judges, to actions and pro- ceedings in their several courts. XLVII. And be it enacted, That if upon the day of the return of any summons, or at any ontinuation or adjournment of the said court, or of the cause for which the said summons shall have been issued, the plaintiff shall not ppear, the cause shall be struck out ; and if he shall appear, but shall not make proof of his demand, to the satisfaction of the Court, it shall be lawful for the Judge to nonsuit the plaintiff, or to give judgment for the defendant; and in either case, where the defendant shall appear, and shall not admit the demand, to award to the defendant, by way of costs and satisHiction for his trouble and attendance, such sum as the Judge in his discretion shall think fit, and such sum shall be recoverable from the plaintiff, by sucn ways and means as any debt or damage ordered to be paid by the same court can be recovered : Provided always, That it the plaintiff shall not appear when called upon, and the defendant, or some one duly authorized on his behalf, shall appear, and admit the cause of action to the full amount claimed, and pay the fees payable in the first instance by the )laintiff, the Court, if it shall think fit, may pro- ceed to judgment, as if the plaintiff had ap- peared. XLVIII. And be it enacted, That if the day so named in the summons, or at any continua- tion or adjourn. nent of the Court or cause in which the summons was issued, the defendant shall not appear or sufficiently excuse his absence, or shall neglect to answer, when called in Court, the Judge, upon due proof ser- vice of the summons, may proceed to the hear- ing or trial of the cause on the part of the plain- tiff only, and the judgment thereupon shall be as valid as if both parties had attended : Pro- vided always, That the Judge in any case, at the same or any subsequent Court, may set aside any judgment so given in the absence of the defendant, and the execution thereupon, and may grant a new trial of the cause, upon such terms, if any, as to payment of costs, giving security for debt or costs, or such other terms as he may think fit, on sufficient cause shown to him for that purpose. XLIX. And be it enacted, That the Judge iwiy, in any case, make orders for granting time to the plaintiff or defendant, to proceed in the prosecution or defence of the suit, and also may, from time to lime, luljoiirn any Court, or the hearing, or further hearing of any cause, in such manner as to the Judge tnay seem fit. L. And be it enacted, That it shall be lawful for the defendant, in any action brought under this Act, at least, five days before tlio return day of tiic summons, to pay into Court such sum of money as he shall think a full satisfaction for the demand or cause of action of the plaintiffs', together with the cost incurred by the plaintiff up to the time of such payment ; and notice of such payment shall be forthwith communicated by the Clerk of the said Court to the plaintiff, by post, or by sending the same to his usual place of abode or business, and the said sum of money shall be paid to the plaintiff^ and all proceedings in the said action shall be stayed, unless the plaintiff shall, within three days after the receipt of notice of such payment, signify to the Clerk of the said Court his mtentiou to proceed for the remainder of the demand claim- ed ; and in such case the action shall proceed as if it had been brought originally for such remainder only ; Provided always, If the plaintiff shall recover no further sum in the action than such sum as shall have been paid into Court under the provision herein bffore contained, the plaintiff shall pay to the defend- ant all costs, charges, and expenses incurred by him in the said action, after such payment as aforesaid, and such costs, charges, and expenses shall bo settled by the Court, and shall be recovered by the defendant by .such ways and means as any debt ordered to bo paid by the Court can be recovered. LI. And be it enacted. That on tlio hearing or trial of any action, or on any other proceed- ing under this Act, the parties thereto, their wives, and all other persons, may be examined either on behalf of the plaintiff or defendant, upon oath or solemn affirmation in those cases in whicii persons are by law allowed to make affirmation, instead of taking an oath, to be openly administered by the Judge to each party or witness at the time of his givmg his evidence, without regard to any objection on the ground of incompetence from interest or otherwise. LII. And be it enacted, That every person who in any examination shall wilfully and cor- ruptly give false evidence, shall be deemed guilty of perjury. LIU. And be it enacted, That either of the parties to the suit, or any other proceeding under this Act, m.iy obtain, at the office of the Clerk of the Court, summonses to witnesses, to be served by one of the bailiffs of the Court, or in a case of a witness residing in another Division, then service thereof by the bailiff of such other Division, shall be deemed good ser- vice, and the service may be proved by affidavit 20 ST 'U to be transmitted to the Clerk in the same man- ner as herein ueforo rlirccted of summons to a party, and such summonses (o witnesses may be with or without a clause, requiring the pro- duction of booiis, deeds, papers, and writings in their possession or control, and in uny such summons any number of names may be in- cluded. LIV. Jlnd be it enacted, That every person on whom any such summons shall have been served either personally or in such other manner as shall he directed by the general rules or practice of the Courts, and to whom, at this time, payment, or a tender of poyment of his cxpen.scs shall have been made on such scale of allowance as shall be from time to time settled by the general rules of practice of the Court, and who shall refuse or neglect, with- out sufficient cause, to appear, or to produce any books, popers, or writings required by such summons to be produced, and also any person present in Court, who shall be required to give evidence, and who shall refuse to be sworn and give evidence, shall forfeit and pay such fine, not exceeding £5, as the Judge shall set on him ; and the whole, or any part of such fine, in the discretion of the Judge, after deducting the costs, shall be applicable towards indemni- fying the party injured, by such refusal or neg- lect, and the remainder thereof shall form part of the general fund of the Court in which the fine was imposed ; Provided always, in addi- tion to the fine, such witness shall be liable to be imprisoned by order of the Court for a term not exceeding one Calendar mouth. LV, ^nd be it enacted, That any fine im- posed by any Court, under the authority of this Act, may be enforced on the order of the Judge, in like manner as payment of any debt adjudged in the said Court, and shall be accounted for as herein provided. LVI. And be it enacted. That all costs of any action or proceeding in the Court, not i othervyise provided for, shall be paid by or i apportioned between the parties in such maimer j as the Judge shall think lit; and in default ofl any special direction shallabide the event ofj the action, and execution may issue for the recovery of any such costs, in like manner as for any debt adjudged in the said Court. LVII. And be it enacted, That any order and judgment of any Court holden under this Act, except as herein provided, shall be final and conclusive between the parties: but the ..udge shall have power to nonsuit the plaintiff in any case in which satisfactory proof shall not be given to him, entitling either the plaintiff or u M *^?"* to the judgment of the Court: and shall also in any case whatever, have the power, if he shall think fit, to order a new trial to be had on such terms as he shall think reasonable, and in the mean time to slay the proceedings. LVII I. And be it enacted, That no action brought in any Division Court holden under this Act, nor any order, verdict, judgment or proceeding therein shall be removed into any superior Court, by any writ or process what- ever, unless in actions of contract where the debt or damage claiincd shall exceed £10, or in actions respecting personal property, when the damiige claimed shall exceed £2 lOs. ; and then only by leave of a Ju(lge of the said Court of Queen's Bench, or a Judge of the District Court, in cases which shall appear to the Judge ^^\^^Jl fit to be tried either in the Court of Queen's Bench or the District Court, and upon such terms as to payment of costs, giving security for debt and costs, or such other terms as he shall think fit. LIX. And be it enacted, That in all cases of actions of tort where the damage claimed shall exceed £2 lOs., and in all cases of actions of contract, where the debt or damages claimed, shall exceed £10, the plaintiff or defendant may appearand prosecute or defend, by any Barris- ler-at-Lavv or any Attorney of the Court of Queen's Bench ; and in such cases it shall be lawful for the said Judge in his discretion to allow to either party obtaining Judgment, in the taxation of costs, a sum not less than 10s., no more than £l Os. for fees and costs, to be recovered in the same manner that other monies ordered to be paid under this Act are recovered. LX. And be it enacted. That the Judge ruay make orders concerning the time or times, and by what instalments any debt, or damages, or costs, for which judgment shall be obtained in the said Court, shall be paid ; and all such monies shall be paid into Court, unless the Judge shall otherwise direct: Provided always^ that in any such order for time, reference shall be had to the day on which the summons was served on tiie defendant, and issuing of execu tion shall not be postponed without the consent of the party entitled to the same for a longer period than fit'ty days from the service of the summons. LXI. And be it enacted, That it shall and may be lawful for the Judge, at any time after the giving and recording of any judgment, upon application being made to him by the party in whose favour such judgment shall be given, upon oath or other sufficient testimony to the satisfaction of the Judge, that the party will be in danger of losing the amount of such judg- ment, if he be compelled to wait till the day of such dist payment thereof, before any execution can issue w if the i thereon, to order the issue of an execution at Miction of such time as he shr!i think fit. LXII. And be it enacted, That if there be cross judgments between the parties, execution shall be taken out by that party only who shall have obtained judgment for the larger sum, and for so much only as shall remain after deduct- ing the smaller sum, and satisfactio.! for the emaindei ion on th f both sn intered u LXIH. he Jiidg )ayrncnt rerable, ii hereof fo he manr gainst w nl the C if the par inder th facias, as jf the C empowen distress a such part ordered, v the distri( Eind shall and all ( their sev cation of LXIV, may be Court, to be directe any defer this act, i or chattel in which i to any . within an goods am and such ized and ; the preci (which s administe out of 3[oods an be found sion Cou officer t( Justice a( such pre thereupo: the gooi wheresoG itables n ■equired urisdicti varrant t LXV. ihall hav mm of r at no action lolden under judirment or ved into any roccss what- t where the !od £10, or in •ty, when the Os. ; and then said Court of the District to the Judge «''!"«^ ^^.^^ goods and chattels of the pruty t of Queen's upon euch ving security terms as he in all cases of of actions of iges claimed, iefendant may )y any Barris- the Court of ;8 it shall be discretion to Judirment, in ess than 10s., are recovered. the Judge may ! or times, and ■ damages, or )R obtained in and all such rt, unless the ovided always, eference shall summons was ing of execu ut the consent for a longer service of the i it shall and iny time after idgment, upon y the party in hall be given timony to the J party will be )f such judg all the day of ition can issue execution at 21 emainder shall be entered, as well as satisfnr- ion on the judgment for the sinullcr 8\im, nnd f both Slims shall be oqiiiil, salisfactioii shull ho jntered upon both judgments. liXIII. Jind be it eiuictrd, That whonovcr he Judge shall have mado an onlnr ("or the )ayincnt of money, thn amount shall bu ri'co- rerable, in case of default or failure of pnyrncnt hereof forthwith, or at the lime or lisiios nnd in he manner thereby directed, by execution ffiii'h order shall not itisuo against the party, until after dofiiiilt. in payment of some instal- ment according to siicli order, and execution o; successivo exccuiions muy then issue for the vvliole of the said sums and costs then remaining unpaid, or for siicli portion thereof as the Judge shall Older, either at the time of making the original ordin-, or at, any subseciuent time, under tho seal of the com t. I I gainst whom such an order shall bo made ,ni the Clerk of the said Court, at the request if the party prosecuting such order, shall issue inder the seal of the Court a writ Jieri facms, OS a warrant of execution to the bailiff f the Court, who by such warrant shall be mpowered to levy, or cause to bo levied by claimed shall ^jg^^ggg ^^j g^i^ ^f the goods and chattels of uch party, such sum of money as shall bo so jrdered, wheresoever they may be found within he district, and also the costs of the execution, md shall pay the same over to the said Cleik ; ind all constables and peace officers within heir several jurisdictions shall aid in the exe- lution of every such warrant. LXIV, And be it enacted. That it shall and d costs, to belmay be lawful for any bailiff of a Division t other monies Court, to whom a warrant of execution shall be directed against the goods and chattels of any defendant, according to the provisions of this act, in case he shall not find sufficient goods or chattels of the defendant within tlie district in which such Division Court is holden, to apply to any Justice of tho Peace acting for and within any other adjoining district in which the goods and chattels of such defendant shall be, and such Justice of the Peace is hereby author- ized and required, upon such bailiff producing the precept or warrant, and making oath, (which such Justice is hereby empowered to administer,) that the same has been duly issued out of the said Division Court, and that the goods and chattels of the defendant are not to )e found within the district in which such Divi- sion Court is held, but are believed by such officer to be within the district where such Justice acts, to sign his name on the back of luch precept or warrant of execution, and thereupon such bailiff shall have power to take the goods and chattels of such defendant, wheresoever the same shall be found within such diiStrict, and deal therewith in like manner IB if the same had been taken within the juris- diction of the said Division Court, and all con- stables and other peace officers are hereby required to be aiding within their respective urisdictions in the execution of the precept or ivarrant so indorsed. LXV. And be it enacted, That if the Judge ihall have made any order for payment of any lum of money by instalments, execution upon it if there be lies, execution inly who shall rger sum, and after deduct ,ctio.i for the liXVI. And be it enacted, That every bailiff ir officer executing any process of execution issuing out of the ^aid Division Courts against the goods and chattels of any person, may by virtue thereof, seize any of the goods and chat- tels of such person, (excepting the wearing apparel and beddirig of such person and his family in actual use,) and may also seize and lake any njoney or bank notes, and any cheques, bills of exchange, promissory notes, bonds, spe- cialties or securities for money belonging to any such person against whom any such execu- tion shall have issued as aforesaid. LXVII. And be it enacted, That the bailiff shall hold any cheques, bills of exchange, pro- missory notes, bonds, specialties, or other secu- rities for money, which shall have been so taken or seized as aforesaid, as a security or securi- ties for the amount directed to be levied by such execution, or so much thereof as shall not have been otherwise levied, or raised for the benefit of the plaintiff: and the plaintiff may sue in the name of the defendant, or in the name of any person in whose name the defend- ant might have sued, for the recovery of the sum or sums secured or made payable thereby, when the time of payment thereof shall have arrived. LXVIII. And be it enacted, That it shall be lawful for any party who has obtained any unsatisfied judgment or order in any Court held by virtue of this act, or under any of the acts held for the recovery of small debts hereinbefore referred to, for the payment of any debt or damages or costs, to obtain a summons from any Division Court within the limits of which any other party shall then dwell, or carry on his business, or from the Division Court where the judgment shall have been rendered, such summons to be in such form as shall be directed by the rules mado for regulating the practice of the Division Courts as hereinbefore provided, and to be served personally upon the person to whom it is directed, requiring him to appear at such a time as shall be directed by the said rules, to answer such things as are received in such summons : and if he shall appear, in pur- suance of such summons, he may be examined upon oath touching his estate and effects, and the manner and circumstances under which he contracted the debt or incurred the damages or liability which is the subject of the action in which judgment has been obtained against him: iH and as to tho means and expectations ho then liad, and an to tlio |)ro|)crty nnd inoniiH lie still hath, ofdischaryini,' the siiid debt, or diimiigca ur liiibility, und us to the disposal he may have made of any property, and tho poryon obtaining such summons as aforesaid, and all other wit- nesses whom tho Judge shuU think requisite, may be examined upon oath touchinnr the imjui- rins authorized to bo made as aforesaid : and the costs of such summonses, and of all tho proceedings thereon shuU be deemed costs in the cause. LX[X. And be it enacted, That if a party so summoned shall not attend as required by such summons, and shall not allege a sufTicient excuse for not attending, or shall if attending, refuse to be sworn or to disclose ony of the things aforesaid, or if he shall not make answer touching the same to the satisfaction of such Judge, or if it shall appear to such Judge, either by the examination of the party, or by any other evidence, that such party, if a defendant, in incurring the debt or liability which is the subject of the action in which judgment has been obtained, has obtained credit from the plaintitf under false pretences, or by means of froud or breach of trust, or has wilfully con- tracted such debt or liability, without having had at the same time, a reasonable expectation of being able to pay or discharge the same, or shall have made or caused to be made any gift, deUvery, or transfer of any property, or shall have changed, removed or concealed the same with intent to defraud his creditors, or any of them, or if it shall appear to the satisfaction of the Judge of the said Court, that the party so summoned has then, or has had since the judg- ment obtained against him, sufficient means and ability to pay the debt, or damages or costs 80 recovered against him, either oltogether, or by any instalment or instalments which tiie Court in which the judgment was obtained shall have ordered, and if he shall refuse or neglect to pay the same, as shall have been so ordered, or as shall be ordered, pursuant to the power hereinafter provided, it shall be lawful for such Judge, if he shall think fit, to order that such party may be committed to the common gaol of the district for any period not exceeding two months. LXX. And be it enacted, That it shall be lawful for the Judge of any Court before whom such summons shall be heard, if ho shall think fit, whether or not he shall make any order for the committal of the defendant, to rescind or alter any order that shall have been previously made against any defendant so summoned before him, for the payment by instalments or otherwise, of any debt or damages recovered, and to make any further or other order, either for the payment of the whole of such debt or damages and costs forthwith, by any instal- ments or in any other manner, aa such Judge may think rcasonablo and just. liXXI. ./hid be it cnucfed, 'I'hat in every case where tho doft ndiiit in any suit brought into any Division (Jourt shall have been personally served with tlic summons lo appear, or shall pnrsonally appc r nt tho trial of tho same, the Judge, at the iioaring of the cause or at any adjournment thereof, ifjudgment shall be given against tho defendant, shall have tho same power and authority of examining the defend- ant and the plaintiff, and other parties, touching the several things heroinbeforo mentioned, and of committing the defendant to prison, and of making an order, as ho might have and exercise under the provisions hereinbefore contained, in case tho plaintiff had obtained a summons for that purpose, after the judgment obtained, aa hereinbefore mentioned. LXXII. Jlnd be it enacted, That whenever any order of commitment shall have been made as aforesaid, the Clerk of the said Court shall issue under tho seal of the Court a warrant of commitment directed to tho Bailiff of the Divi- sion Court, who by such warrant shall bo em- powered to take the body of tho person aginst whom such order shall be made : and all consta- bles other peace othccrs within their several jurisdictions shall aid in tho execution of every such warrant : and the gaoler or keeper of every gaol mentioned in any ?noh order shall be bound to receive and keep the defendant therein until discharged under the pcovisions of this act, or otherwise by due course of law ; and no pro tection, order or certificate granted by any Court of Bankruptcy or for the relief of insol vent debtors shall be available to discharge any defendant from any commitment under such last-mentioned order. LXXIII. And he it enacted, That no ira prisonment under this act shall in anywise crm::i as t inio to titi roof as ;it isability I LXXV. ny goods ution sha ays at Ir uch good he requef arty whc he liailifi; is custod hall endo nd shall idvcrtisen hrce of t vhere sue )f the til vhen and vhich not els taken lays bcfoi LXXVl ioizure ar he provis Jpper Ca yiajesty's he costs ind penali J^XXV 3r other ( lirectly o ihattels a' ion, and ( )f this en LXXV] nnent or i )r revers( iupersede LXXIJ jvery war oods and he Clerk operate as a satisfaction or extinguishment of ng of anj tho debt or other cause of action on which a tnder the judgment has been obtained, or protect the defendant from being anew summoned and im- prisoned, for any new fraud o: other default rendering him liable to be imprisoned under thia act, or deprive the plaintiff of any right to take . , out execution against the goods and chattels of ", '"^<"'^ the defendant, in the same manner as if such ""p^j ^ imprisonment had not taken place. nci eased LXXIV. And be it enacted, that if it shall at .xecution any time appear to the satisfaction of the mle of th( Judge, by the oath or affirmation of any person )q paid c or otherwise, that any defendant is unable, from ;;;ourt out sickness or other sufficient cause, to pay or dis- yas issue charge the debt or damages recovered against )f executi him, or any instalment thereof ordered to be aforesaid, paid as aforesaid, it shall be lawful for the mtitled ti Judge in his discretion, to suspend or stay any ijg debt judgment, order or execution given, made oi tie fees 1 issued in such action for such time and on such bn shall s sucti Judge t in every case brought into !cn poruonally pear, or uhall tho same, the use or at any dhali be given ve tho same ig the defend- rties, touching lentioned, and prison, and of 2 and exercise contained, in summons for t obtained, as 'hat whenever ive been made d Court shall : a warrant of (f of the Divi- t shall be cm- person oginst ind all consta- their several ution of every eepcr of every shall be bound t therein until »f this act, or ; and no pro anted by any elief of insol- discharge any It under such 28 cimj as the Judge may Ihink fit, and so from imo to time, uniil it shall iippcur by (ho like roof as aforesaid, that audi Lcuipurary caudG of isability has ceased. LXXV. Jliul be it eimcted, That no sale of ny goods which shall have boon taken in exo- ution shall bo had until after tho end of liglit ays at least next following the duy on which uch goods shall have hacw tuknii, unless upon he request in writing under tho hand of tho )arty whose goods slinll have been taken ; and he IJailift', after taking goods and chattels into is custody by virtue of a writ of execution, hall endorse thereon tho date of tho soizuro ; nd shall imniedialely give public notice by idvertisement signed by himself, and put up at hree of the most public places in the Division vhero such goods and chattels shall bo taken, )f the time and place within such Division vhen and where they will be exposed to sale, vhich notice shall describe the goods and chat- els taken, and shall be so put up at least eight lays before the time appointed for the sale. LXXVI. Jlnd be it enacted, That every such icizure and sale shall be taken to be wi*I n all he provisions of an Act of the Parliament of Jpper Canada, passed in tho first year of her Majesty's Reign, intituled, "An Acttoregult'te he costs of levying didtresses for small rents tnd penalties." LXXVII. And be it enacted, That no Bailiff jr other Officer of any Division Court shall, lirectly or indirectly, purchase any goods or ihattels at any sale made by him under execu- ion, and every purchase made in contravention )f this enactment shall be absolutely void. LXXVIII. And be it enacted, That no judg- ment or execution shall be stayed, delayed, ar reversed upon, or by any writ of error, or lupersedeas hereon, to be served for the revers- inder the provisions of this Act. That no ira 11 in anywise! iguishment of ng of any judgment given in any Court holden sn on which a r protect the noned and im- other default ined under thia r right to take and chattels of iner as if such e. LXXIX. And be it enacted. That in or upon svery warrant of execution issued against the oods and chattels of any person whomsc ^ver, he Clerk of the Court shall cause to be inserted ir indorsed the sum of money and costs ad- udged, with the sums allowed by this Act as ncreased costs for the execution of such war- ant ; and if the party against whom such at if it shall at jxecution shall be issued, shall before an actual action of the lale of the goods and chattels pay, or cause to of any person le paid or tendered unto the Clerk of tuis is unable, from [;ourt out of which such warrant of execution to pay or dis- vas issued, or to the Bailff holding his warrant >vered against )f execution, such sum of money and costs as ordered to b« foresaid, or such part thereof as the persons awful for the .ntitled hereto shall agree to accept in full of nd or stay any jjg debt or damages and costp, together with iven, made or tie fees herein directed to be paid, the execu le and on bucb Ion shall be superseded, and th^ goods and chattels of the said parly shall bo discharged and sot at liberty. liXXX. And he it cnadvd, That every writ of exociition issued by the (."lerk of any l)iv>.'oH Court shall be dated on ihi; day when it Hha!" actually i^■Kuo, and shall be rptnrnablo '.vithi!! thirty days from the date thereof, and the same bo entirely filled and shall have no blank in th5 date or otheruise at tho time of its delivery to a BaililVor other person, to be executed. liXXXI. Andheitrnacted, Thatif any Ikiliff shall refuse or neglect to return any writ of execution within three days after the return day thereof, or shall make a false return thereto, the party having sued out such writ may maintain an action of debt against such Haitiff and his hail or sureties in the Division Court, and upon proving his case, shall recover therein the amount for which the execution i.-sued, with interest from the date of the judg- ment upon which such execution issued, or such less sum as it may be proved to the satis- faction of the Judge that the goods of the defendant may have been or were worth ; and if a judgment be obtained in such suit against the Bailiff and his bail or sureties, execution shall immediately issue thereon, anything in this Act or in any other Act or Law to the contrary notwithstanding. LXXXII. And be it enacted. That any per- son imprisoned under this Act who shall have paid or satisfied the debt or demand or the instalments thereof payable, and costs remain- ing over at the time of the order of imprison- ment being made, together with the costs of obtaining such order, and all subsequent costs, shall be discharged out of custody, upon the certificate of such payment or satisfaction, signed by the Clerk of the Court, by leave of the Judge of the Court in which the order of imprisonment was made. LXXXIII. And be it enacted, That in every case where any defendent against whom a plaintiff has sued, out a summons upon a debt or demand is or shall be about to remove his goods, chattels and effects, ort of th^s Province, to avoid his creditors, it shall Se . "' for the plaintiff to make affidavit, to b«. swoi. before any Commissioner for taking affidavits in the Court of Queen's Bench, stating the amount of the debt due and the cause thereof, and that he has been informed, or has reason to believe, and in either case that he does verily believe that the defendent is about immediately to remove his goods, chattels and effects, out of this Province with intent and design to defraud his creditors, and which statement of the defendent being about to remove his goods, chattels and effects, with such intent and design, shall be proved upon the affidavit to be sworn in manner as aforesaid of one other person not a creditor of the said defendant, and upon the said affidavit being filed with the Clerk of the Division Court, f\ vmmau » fl 8 ii l JH>. i l l MW U it sliall be lawful for the paid C!leik to issue a warrant of attachment under the Seal of the said Court, in such form as shall he rcifulalcd by any order to be made for regulatinfj the practice (if the paid Court, directed to the Biiiliff of the said Court, commandiniJ: him to attach, seize, take and safely keep all the goods and effects of the defendant until the day named in the summons for the trial of the said cause, and until the said Court shall make further order respecting the fame. LXXXIV Jlnd be it enacted, That it siiall be the duty of the said Bailitl', upon the receipt of the said warrant, to seize, take, and safely keep | all the goods, chattels, and efiects of the de- fendant, until the day named in the summons for ihe trial of the said suit, and until the said j Court shall make further order conv,erninp- the i same, and the said bailiff shall be allowed all necessary disbursements for keeping the same. LXXXV. ^ind be it enacted, That if any per- son against whose goods, chattels, and effects such warrant of attachment may have issued, or any person on his behalf shall execute to the plaintiff a bond, with good and sufficient sure- ties, to be approved of by the Clerk of the said Court in double the amount claimed, with a condition that the defendant will perform and fulfil the judgment of the Court, or that the sureties will pay the amount of any judgment to be obtained in the said suit, it shall be lawful for the Bailiff to restore to the defendant all such goods, chattels, and effects as shall have been seized and taken under and by virtue of such warrant ; and such bond shall be in the form to be prescribed by any orders regulating the practice of the said Courts, and the defend- ant shall pay to the Clerk the sum of five shil- ling for preparing and filing the same, and the said bond shall lemain in the Clerk s office, until otherwise ordered by the said Judge, who may order the same to be delivered to such party as shall be entitled thereto. LXXXV I. Jlnd he it enacted, That it shall be lawful for the said Judge, upon the hearing or trial of any suit wherein such warrant of attachment may have issued, to hear and deter- mine in a summary way whether such warrant of attachment were or not issued upon good and sufficient grounds, and it shall be lawful for the said Judge either to continue the same in force until the judgment be satisfied or to discharge the same; and in case the same shall be continued, the costs of obtaining and issuing the said warrant, and the execution thereof, shall be costs in the cause, and in case the same shall be discharged, it shall be lawful for the Judge to make compensation to the defend- ant for his damages and costs incurred by rea- son of such warrant of attachment, as the Judge shall think reasonable and just, and the Act pi Judge may order the same to be set off against any judgment which the plaintiff may obtain, or tiie same; shall be recovered in the same manner as other monies under this Act ordered to be paid are recovered ; Provided always, if the defendant intend to contest the sufficiency of the grounds upon which the said warrant of attachment s issued, he shall give notice of such intention te the plaintiff at least three days before the hearing of the cause. LXXXVII. ^nd be it enacted, That the Clerk of every Court holden under this siiall cause a note of all demands entered and summonses, and of all orders, and of all judg ments and executions, and returns thereto, and of all fines, and of all other proceedings of the Court, to be fairly entered from time to time in a Bank belonging to the Court, which shall be kept at the office of the Court ; and such entries in the said hook, or a copy thereof bearing the Seal of the Court, and purporting to be signed and certified as a true copy by the Clerk of the Court, shall at all times be admit- ted, in all Coi'rts and places whatsoever, as evidence of such entries, and of the proceedings referred to by such entry or entries, and of the regularity of sucii proceeding without any furllier proof ; and it shall be lawful for the Clerk to take and receive for granting such certified copy the sum of two shillings and sixpence. LXXXVIII. ^nd be it enacted. That the Clerks of every such Court shal" in ihe month of .Tune in each year make out a correct list of all sums of money belonging to suitors in the Court which shall have been paid into Court and which shall have remained unclaimed five years before the first day of the month of January then last, specifyirg the names of the parties for whom, o*- on who'^e account the same were so paid into Court ; and a copy of such list shall be put up and remain during Court hours in some conspicuous part of the Court room placT of holding the Court, and at all times the Clerk's office, and all sums of money which shall have been paid into any such Court, to the use of any suitor or suitors thereof, an which shall have remained unclaimed for ' period of six years before the passing Act, and which are now in the hands of anj Clerk, and all further sums of money whicl shall hereafter be paid into such Court to use of any suitor or suitors thereof shall, unclaimed for the period of six years aflcr samo shall have been so paid into Court, application as part of the general fund of Court; and shall be carried to the account such funds ftid no person shall be entitled t( claim any sum which shall have unclaimed for six years ; but no time durinj which the person entitled to claim such su shall ha^e been an infant or femmc covert, of unsound mind, or without this Provinc for J hall bet aid perioi LXXXI lerRon shi uror, or ny Divis; is sluing or rctui litem' pt t ithervviso awful for i:li or w icrson, by ifTender ir ising of t smpovvere inder his he Court, oinmon ( !xceeding ipon such lach offeni commit he Distric ' idar n XC. A, )T officer ^ct shall if his dut ttempted nder proc I'arrant oi hall be li e recover ustice of nd it sh curt, or ike the o: warrant) ccordingl XCI. ^ liffof s eyed to 1 battels, o battels u y neglect th( pportunit ofthii s'zingant pon comf "such ne| allege Court, 'th*8s), the bj ich damt th^has sus the SI ition issi remaineflfifeto, an refusal nt there ans as dgmcnt : ot ai in th( 'Ct ic ise in ct off against may obtain, in the same Act ordered td altvaySf if le sufficiency id warrant of jive notice of least three se. •.d, That the ider this Act vi:.li or vvithont the assistance of any other entered and d of all judg s thereto, and edings of the me to time in vhich shall be ; ; and such copy thereof nd purporting e copy by the mes be admit 'hatsoever, as e proceedings es, and of the without any awful for the granting such shillings and led, That the ' in the month correct list of the month o B names of the :ount the same jpy of such list g Court hours 25 hall be taken into account In estimating the aid period of six years. LXXXIX. And be it enacted, That if any leraon shall wilfully insult the Judge or any uror, or any Clerk, Bailiff, or other officer of ny Division Court for the time being during lis silting or atlcrid:inL3 in Court, or in going or returning from tiie Court, or shall wilfully Dtcrri'pt the proceedings of the said Court, or therwiso misbeliave in Court, it shall be awful for the IkitifT or officer of the Court, lerson, by the order of the Judge, to take such ifTender into custody, and detam him until tiic ising of the Court ; and the Judge Khah be impowered, if he shall think fit, by warrant inder his hand, and sealed with the Seal of he Court, to commit any such offender to the ;oinmon (jaol of tlie District for any time not ixceeding one calendar month, or to impose ipon such offender a fine not exceeding £ 10 for lach offence, and in default of payment thereof commit the offender to the common gaol of he District for any timo not exceeeding one :a' idar month. XC. ^nd be it enacted, That if the Bailiff )r officer of any Court holden under this kt shall be assaulted while in the execution if his duty, or if any rescue shall be made or .tlempted to be made, of any goods levied inder process of the Court, or seized upon any warrant of attachment, the person so offending hall be liable to a fine not exceeding £10, to ' e recovered by order of the Court, or before a suitors in the ustice of the Peace, as hereinafter provided ; .id into Court, nd ^ shall be lawful for the Bailiff of the unclaimed for ;ourt, or any peace officer in any such case to akethe offender into custody, (with or without warrant) and bring him before such Justice ccordingly. XCI. And be it enacted, That in case any Court room oiB^'^'ff of any Division Court, who shall be em- at all times in loyed to levy any execution against goods and f money which hattels, or to seize and lake any goods and uch Court, to hattels upon any warrant of attachment, shall ! thereof, am S^ neglect, or connivance, or omission, lose the laimeJ for th( pportunity of levying any such execution, or passing of thii ''zing and taking such goods and chattels, then, ! hands of any PO" complaint of the pari-y aggrieved by reason money whicl such neglect, connivance or omiission, (and the h Court to th( 'Ct alleged being proved to the satisfaction of lereof shall, i '** Court, on the oath of any creditable wit- ^ears aflcr th( ^^s), the Juiige shall oider such Bailiff to pay into Court, bj "''h damages as it shall appear that the plain- al fund of th( ff'>*s sustained thereby, not exceeding in any the account o '^^ the sum of money for whicli the said exe- 1 be entitled t( >ti<>n issued, an'? the Bailiff shall be liable lave remainet '^reto, and upon demand made thereof, and on 10 time durinj ^ refusal so to pay and satisfy the same, pay- laim such sun •''* thereof shall be enforced by such ways and mmc covert, o P^^^ '^ "o herein provided for enforcing a this Province ^?°iont recovered in the said Court* XCII. And be it enacted, That if any Clerk, Bailiff, or officer of the Court, acting under colour or pretence of his office, or the process of the said Court, shall be charged with extor- tion or misconduct, or with not duly paying or accounting for any money levied or received by him under the authority of this Act, it shall be lawful for the Judge to inquire into such matter in a summary way, and for that purpose to enforce the attendance of all necessary parties, in like manner as the attendance of witnesses in aay casfe may be enforced, and to mak'j sjch order thereupon for the re-payment of any money extorted, or for the payment of any iiiOiioy so received or levied ns aforesaid, and for the payment of such damages and costs to the party aggrieved, as the said Judge shall thing just ; and also if he shall think fit to im- pose such fine upon the Clerk, Bailiff, or officer, no. xceeding £10 for each offence, as he shall deem adequate ; and in default of payment of any money so ordered to be paid, payment of the same may be enforced by such ways and means as are herein provided for enforcing a judgment recovered in the said Court. XCIII. And be it enacted, That every Clerk, Bailiff, or other officer employed in putting this Act, or any of the powers thereof, in execution, who shall wilfully and corruptly exact, take or accept any fee or reward whatsoever, other than and except such fees ns are or shall be appointed and allowed respectively as aforesaid, for or on account of anything done or to be done by virtue of this Act, cr on any account whatsoever relative to putting this Act into execution, shall upon proof thereof before the said Judge, be forever incapable of serving or being employed under this Act, in any office of profit or emolument, and shall also be liable for damages as herein provided. XCIV. And be it enacted, That if any claim shall be made to or in respect of any goods or chattels taken in execution under the process of any Division Court, or in respect of the pro- ceeds or value thereof by any person not being the person against whom such process has issued, it shall be lawful for the Clerk of the Court, upon application of the Bailiff charged with the execution of such process, as well before as after any action brought against such Bailiff, to issue a summons calling before the said Court, as well the party issuing such pro- cess, as the part) ma' ing such claim, and there- upon any action which shall have been brought in any Court in respect of such claim, shall be stayed, and the Court in which such action shall have been brought, or any Judge thereof, on proofof the issue of 3uch summons, and that the goods and chattels were so taken in execu- tion, may order the party bringing such action to pay the costs of all proceedings had upon such action, after the issue of such summons of A.- m. A' ar v.t the Division Court ; and the Judge of the Division Court shall uJjjdicate unnn such claim, and make such order between the parties in respect thereof, and of the costs of the nro- ceedings, as to him shall seem fit, and such order shall be enforced in lilce manner as any order made in any suit brought in such Court. XCV. And he it enacted, That ii' any action shall be comnionced after t!io passing of this Act in Her Majesty's Court of Queen's Cench or in any District Court for any cause, for which a suit might have been entered in any Court holden under this Act, and a verdict shall be found for the plaintiff in any action founded on'contract for a sum not exceeding £10, and in action founded on fact for a sum not exceed- ing £5, the said plaintitf shall have judgment to recover such sum only, and no costs, and if a verdict shall not be found for the plaintiff the defendant shall be entitled to his costs as be- tween attorney and client, unless in either case the Judge who sliall try the cause shall certify on the back of the record timt the plaintiff iiad a probable cause of action : in cases of action founded on contract, for tne debt or damages sought to be recovered in such action to an amount exceeding £ 10. XCVI. And belt enacted, Tliat all penalties, fines and forfeitures, by this Act inflicted or authorized to be imposed, (the manner of re- covering and applying whereof is not hereby otherwise particularly directed), shall upon proof before any Justice of the Peace having jurisdiction within the District, City, Town, or place where tha offender shall reside or be, of the offence shall be committed, either by the confession of the party offending, or by the oath of any creditable witness, or levied, with the costs attendmg the s..mmons and conviction by distress and sale of the goods and chattels of the party offending, by warrant under the hand of any such Justice ; and the overplus (if any) after such penalties, fines and forfeitures, and the charges of such distress and sale are de- ducted, shall he rcturnod, upon demand, unto the owner of such goods and chattels. XCVII. And he it enacted, That if any such penalties, finco and forfeitures, respectively, shall not be paid fr -thwitli upon conviction, it shall bo lawful for such Justice io order the offender so convicted to be detained in safe custody until return can be conveniently made to such warrant of distress, unless such offender shall give sufficient security to the satisfaction of such Justice for his appearance before him on such day as shall be appointed for the return of such vvarrant of distress, such day not being more than eight days from the time of taking any such security, which security such Justice shall be empowered to take, by way of recog- nizance, as otherwise to him shall seem fit. XCVIII. And hell enacted, That if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, or in case it shall appear to the satisfaction of such Justice, either by the confession of the offender or otherwise, that he hath not within the juris- diction of such Justice sufficient goods and chattels whereon to levy all sucii penalties, forfeitures, costs and charges, ruch Justice may at his discretion, without any warrant of dis- tress, commit the offender to the common gaol of the District, for any time not exceeding two months, unless such penalties, forfeitures and fines, and all reasonable charges attending the recovery thereof, shall be sooner paid and satisfied. XCIX. And be it enacted, that the monies arising from any such penalties, forfeitures, and fines, a aforesaid, when paid and levied, shall (if not by this Act directed to be otherwise applied in aid of the general fund thereof. C. And he it enacted, That in all cases in which by this Act any penalty or forfeiture is made recoverable before a Justice of the Peace, it shall be lawful for such J^ nice to summon before him the party complained against, and on such summons to hear and determine the matter of such "omplaint, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or for- feiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited before him ; and all sue! proceedings by summons without information in writing shall be as valid and effectual to all intents and purposes as if an information in writing had been exhibited. CI. And he it enacted, T^it in all cases lect ent, and f the Die moved, e Clerk'i e Judge jirect, it si t a warr such Di Iroceeding such C ts, and h judgn Ind as fuf lurposes, a idgment i iken in tl idgment v ailiff, or o id exercisi lis Act up filed in which tl ave been t the Distr ndered. cm. An rdict, or ji Deeming ; is Act, she rm. CIV. Am r distress s » be levied self shall irty makin 1 account formation, ecept or r shall where any conviction shall be had for any gspj^gg^^ offence committed against this Act, the form of conviction may be in the words, or to the effect following (that is to say.) "Be it remembered, that on this of- in the year of our Lord, -; , A. B. is convicted before , of Her Majesty's Justices of the Peace for the , of having (state the case) ay ho law nnA ! ffw \\Tct\ tKo cfiirl .. A Ck niWwActf^ ihp ;,l r^ ^ and 1, (or we) the said do adjudge the said ■ to forfeit and pay for the same the sum of or to be committed to ——— fo the space of given under hand- an ly irregula itted by th irty aggrit ay recove mage in a CV. And id Courts inowledg Defendan vision Coi same, ai nt, shall iliffor Cl< seal- this day and year aforesaid." ClI. And he it enacted, That if any person against whom a judgment may have been en-l tered up in any Division Court in any Dis-|d upon th trict shall remove to another District withoulfnowledg satisfying the said judgment it shall be lawfu for the party in whose favour such judg ment was rendered to obtain from the Clerk the Court where such judgment was renders a copy of the same, to be certified under tl Seal of the said Division Court, and signed ' )ved by t ' or Clerk I such O! not, and intift'or ] ing such the said Judge, to be a true copy of such jadgBerest in t if upon the ear that no upon, or in ion of such he offender n the juris- goods and penalties, Justice may rant of dis- mmon gaol jeeding two feitnres and tending the r paid and the monies forfeitures, and levied, je otherwise lereof. ail cases in or forfeiture stice of the J,, nice to omplained to hear and mplaint, and the offender, nalty or for ) recover the writing shall and all sucli L information ffectual to all [formation in 27 in all cases had for any t, the form ol r to the effect lis of- 3. is convicted lent, and upon production thereofto the Judge the District to which the party may have emovTid, and upon the same being filed in e Clerk's office of such Division Court, as le Judge shall by indorsement upon such copy irect, it shall be lawful for the plaintiff to sue ut a warrant of execution upon such judgment I such Division Court, and to take all other, roceedings and remedies whatsoever thereupon such Court, against goods, chattels and Rbcts, and against the person against whom ich judgment wus rendered, in like manner nd as luUy and effjctually to all intents and urposes, as the party in wiiose favour the idgment uas rendered, could or might have ikan in the Division Court where the sai idgment was rendered, and the Judge, Clerk, ailiff, or other officer of such Court shall have id exercise all the powers and authorities of lis Act upon such transcript of the judgment filed in the Division Court, in the District ) which the party has so removed, as might ave been taken and exercised under this Act I the District in which the said judgment was jndered. CUT. ^ind be it enacted, That no order, erdict, or judgment, or other proceeding, made jncerning any of the matters provided for by lis Act, shall be quashed or vacated for want of irm. CIV. ^nd be it enacted, That when any levy distress shall be made for any sum of money be levied by virtue of this Act, the distress self shall not be deemed unlawful, nor the irty making the same be deemed a trespasser, account of any defect or want of form in the formation, summons, conviction, warrant, ecept or other proceeding relating thereto )r shall the party distraining be deemed a espasscr from the beginning on account of y irregularity which shall afterwards be com- itted by the party so distraining, but that the irty aggrieved by such irregularity, shall and ay recover full satisfaction for the special mage in an action on the case. CV. And be it enacted, That it shall and ay bo lawful for any Bailiff or Clerk of tlie ustices of the tate the case) ,0 adjudge ihe jd Courts to accept and take a confession or "inowledgemcnt of debt from the Defendant Defendants in any suit to be brought in any vision Court, who may be desirous of makinc same, and such confession or acknowledge- nt, shall be in writing, and witnessed by the liffor Clerk at the time of the taking thereof, d upon the production of such confession or the same the to fo hand- and .1 shall bo lawf'-i such judg and signed h I of such judg it any person have been en , in any Dis-i istrict without mowledgomonl to the Judge, and its being ved by the oath or atiidavit of the said Bai or Clerk, judgment may be entered thereon, m the Clerk t' such oath or affidavit shall state that he was rendered) ' ^ot, and is not to receive anything from the ified under th( lintiffor Defendant, or any other person, for ing such acknowledgment, and that he has no erest in the demand sought to be recovered. CVI. And, for the protccUon of persons act- ing in the execution of this Act, be it enacted, That all actions and prosecutions to be com- menced against any person for anything done in pursuance of this Act, shall be laid and tried in the District where the fact was committed, and shall be commenced within six calendar months alter the fact committed, and not afterwards or otlierwise; and the Defendant in every such aciion or suit may plead the general issue, and thiri! Act and the special matter in evidence in nny trial to be had thereupon; and notice in writing of such action, a;;d of the cause thereof, shall he given to the Delendanl one calendar month at least before tlio commencement of the action ; and no Plaintitf shall recover in any such action if tender of sulficient. amends shall have been made before such action brought, or if aiter action brought a sulficient sum of money shall have been paid into Court with costs, by or on behalf of the defendant. CVII. And be it enacted. That if any person shall bring any suit in any of Her Majesty's superior Courts of Record in respect of any grievance committed by any Clerk, Bailiff or officer of any Court holdon under this Act, under colour or pretence of the process of the said Court: and the Jury upon the trial of the action shall not find greater damages for the Plaintiff than the sum of £lO; no costs shall be awarded to the Plaintiff in such action, unless the Judge certify in Court upon the back of the record, that the action was fit to be brought in such Court. CVIII. And be it enacted, That when any Clerk or Bailiff of any Division Court, by him- self, or jointly with any other person, is liable to be sued, or may sue any other person for a debt or demand within the jurisdiction of the Division Court, of which he shall he Clerk or Bailift", then and in evei^> ...ch case such Clerk or Bailiff may sue, and shall be liable to be sued for any debt due to or by him, separately or jointly with any ether person, in the adjoining Division in the same District in which the Court is held nearest to the Division of which the party is so Clerk or Bailiff, in the same manner to all intents and purposes, as if the cause of action for which any such suit shall be brought had arisen within such next adjoining Division, or the Defendant were resident therein. CIX. And be it enacted. That in construing this Act, the word " person," shall be taken to comprehend a body politic or corporate, or col- legiate as well as an individual; and every word importing the singular number, when necessary to give full effect to the enactments herein contained, be understood to mean several per- sons or things as well as one person or thing ; and every word importing the masculine gender shall, where necessary be understood to mean a i^ wm u 28 female ds well as a male ; and that the words " Canada West," shall be taken to mean that portion of the Province formerly constituting the Province of Upper Canada- ex. ^nd be it enacted, That this Act shnlll come into, and shall be in force and operatioiij upon from and after the first day of next, after the passing hereof. SCHEDULE OF FEES. ' FEE FUND. Entering account, and issuing summons Hearing an undefended cause Hearing a defended cause Every order or Judgment, or application for an order (not to be charged when the defendant has given a confession of judgment) THE CLERK'S FEES. Entering every account, and issuing summons Every summons to witness Adjournment of any cause , Entering and giving notice of special defence Entering every judgment Paymerjt of money out of Court, and taking re- ceipt Every search Taking Confession of Judgment Every Warrant, Attachment, or Execution For every certificate copy of Judgment to another District Supersedeas of Execution, or certificate of payment, or withdrawal of cause Deposit to be paid by party requiring Jury Entering and giving notice of Jury being required. Every summons for the Jury TliE BAILIFF'S FEES. Service of summons or other proceeding on each person , . , For taking Confession of Judgment, 3d. Affidavit of service of Summons, when served out of the Division Execution of every Warrant, P.ecept, or Attach- ment against the goods or body For every mile travelled more than two from the Clerk's office, to serve Summons, or execute Warrant, 4d. For every Jury Summoned and Sworn, 2s. 6d. For carrying delinquent to prison, including all expenses and assistance, per mile, Is. Not Exceed- ing £2. 9 O "gf: Not Exceed- ing jC5. ()s4d 0s6d IsOd 0s3d 0s8d Os6d 0s3d 0s6d 0s6d 0s3d 0s6d 0s6d 0s6d Is 3d 0s3d 0s4H 0s4d 2s Od 0s4d IsOd 2s Od Os3d Os8d Os6d Os3d 0s6d 0s6d 0s3d Os6d 0s6d Is 3d OsSd 0s4d 0s4d 2s Od Q . 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