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/f^V 
 
 >> 
 
 DIVISION COURTS ACT 
 
 FOR 
 
 UPP 
 
 CANADA, 
 
 WITH AM 
 
 ANALYTICAL INDEX, 
 
 BY HIS HONOUR 
 
 JAMES ROBERT GOWAN, 
 
 JUDGE OP THE COUNTY OF SIMCOE. 
 
 TO WHICH ABE ADDED, 
 
 REFERENCES TO BKITISH STATUTES CONTAINING ANALOGOUS ENACTMENTS, 
 
 AMD 
 
 RULES AND FORMS,. 
 
 IN USE IN THE DIVISION COURTS OF THE COUNTY OF SIMCOE, 
 AS APPROVED OF BY THE JUDGES OF THE SUPERIOR COURTS 
 
 OF COMMON LAW. 
 
 TORONTO: 
 
 PRINTED AND PUBLISHED BY HUGH SCOBIE, 
 
 AT THE OFFICE OF THE BRITISH COLONIST, KING STREET, EAST. 
 
 MDOOOLl. 
 
 '% 
 
CONTENTS. 
 
 
 PA«ur. 
 
 I. Analytical Index to Division Cotrrts Act ••'••^•« • • ..>iii to Tin, 
 
 S. Index to Judge Gowan's Rules *......... 
 
 3 Index to Judge Gowan's Forms.* •••••. 
 
 4. References to Clauses in Britisli Statuten •. 
 
 5. Division Courts Act.***** t , 
 
 6. Schedules to the above Act 
 
 Schedule A. Table of Fees 
 
 " B. Summons 
 
 " C. Covenanthy Clerk or Bailiff. 
 
 D. Affidavit against absconding Debtor. •> ,. 
 
 E. Attachment against absconding Debtor «... 
 
 7. Rules and Forms in use in the County of Siracce, as approved of by the 
 
 Judges. , 
 
 Rules ••••• , , , 
 
 Forma , 
 
 
 IX. 
 
 ix. 
 
 X. 
 
 lto38. 
 39 to 41. 
 39. 
 40. 
 40. 
 41. 
 41. 
 
 42 to 64. 
 42 to 45. 
 46 to 64. 
 
 ERRATA.— In 27th Rule on page 44, the refeiencea to the Forms should bo to 
 Nos. XXXIV, XXXV, xxxvi, XXXVII, and xxj:viii, in the Schedule. 
 
Atnm. 
 
 to Tiiu 
 
 iz. 
 
 ix. 
 
 X. 
 
 to 38. 
 
 to 41. 
 
 39. 
 
 40. 
 
 40. 
 
 41. 
 
 41. 
 
 to 64. 
 
 to 45. 
 
 to 64. 
 
 INDEX 
 
 TO 
 
 THE DIVISION COURT ACT, 
 
 13 & 14 VICTORIA, CHAP. 63. 
 
 ABANDONING EXCESS-See JurUdiaioH— Attach- 
 
 met'. 
 ACTS— See Comtruction— Repealed Jets. 
 ABATEMENT-See Partner— Death. 
 ACCOUNT AND DEMAND— See Practice. 
 ABSCONDING DEBTOR-See Attachment. 
 ACKNOWLEDGMENT or DEBT -See Conftmon. 
 ACTION— Sec Jnriidiaion—Praclire— Officer— Supe- 
 ritr Court— Pending Proceedings. 
 
 Sections. 
 ADMINISTRATORS— See Kxceutort. 
 AFFIDAVIT— Fee for preparing and adinlnU- 
 
 ttriun oaih to 
 
 Of parties and leitaetsea residing williout 
 jiiri«(lictioii, in wliat cases received as 
 
 tcliiiioiiy 
 
 In Attachment eases- See Attachment. 
 Of service of process— See Practice. 
 And See Oaths. 
 
 ATTACHMENT — Property of debtor made 
 
 Halle to 
 
 Debt, ifc., nature and amount of 
 
 Cause of action not to be divided 
 
 Grounds entitling to 
 
 Application for— iiy Viflioin, to whom, and in 
 
 what manner made 
 
 Warrant o/— Form and direction 
 
 Bailiff's duly on— in re»|iect to seizure, &c. . . 
 
 Where pc;ishnlile property bcized 
 
 When Roods claimed liy third parties. . . . 
 
 Clerk's duly in resiiect to custody of goods.. . 
 
 Disposal of residue after sale . . • 
 
 Return of Goods— Uow obtained by Plaintiff. . 
 
 Perishable Onoi/»— how disposed of 
 
 Security on sale or leiiure in certain cases.. . 
 Security Bonds— how dis|K)sed of and suits on. 
 Proceedings after sfiiure—The summons. . . 
 
 Swviceof (iuinmons, liow made 
 
 Substfuenl Proceedings and Costs 
 
 No costs, wlicn attachment sued out without 
 
 Ruflicicnt cause 
 
 Kxecution— how issued, and proceedings on. 
 
 A residue — how dis|)08cd of 
 
 Where several tssH«— proceeds of goods at- 
 tached, how disposed of. 
 
 Clavms by third parlies on goods seized 
 under— howdetermincd 102 
 
 ATTORNEYS— Not to be appclnled Clerki of 
 
 Division Courts , . . . . 9 
 
 BAIL— 01 Officer- See Officer: 
 
 3A1L.IFF3— See Officer— Practice. 
 Duty of, as to Mesne process. 
 In allachment coses— See Attachment. 
 
 In respecl to summons 13,40,8? 
 
 Service uf process by, from another Division 
 
 — how proveil 88 
 
 In case of illness or unavoidable ab- 
 sence of officer how proved 88 
 
 Acting under execution. 
 
 To endorse seizure on warrant 00 
 
 Modes: ievy S3 
 
 Wbat to make by distresi S3 
 
 ilrr«gularity of levy 79 
 
 88 
 
 31 
 
 01 
 61 
 04 
 04 
 
 01 
 64 
 04 
 70 
 lOi 
 06 
 71 
 07 
 7(1 
 70 
 70 
 69 
 09 
 69 
 
 09 
 OB 
 71 
 
 OS 
 
 BAILIFFS— Sections 
 
 What may be seized 53—69 
 
 What in execution against one of n firm. . . 29 
 
 How sale made of goods seized. 60 
 
 Chose in action wzed — how recovered . ... 90 
 Claims by third parties on goods seized — 
 
 how ndjudued oi 103 
 
 Duty where execution from another County .55—97 
 Monies made undei — to whom to be paid 
 
 over 53—07 
 
 On Commitment. — See Judgment Summons. 
 General poieers of— 
 To serve all Summonses and execute War- 
 rants, Piecepis, and Writs 13 
 
 May serve Summotis or process issued from 
 
 another Division Court 87 
 
 In respect to taking confessions 54 
 
 To exercise in certain cases offices of Con- 
 stable IS 
 
 To arrest parties guilty of open contempt... 75 
 May arrest for asbaiilt or rescuing goods .. . 100 
 May sueout Intcrp'.aader Sumuions... , . « lOS 
 Neglect 'IT misconduct of — 
 
 Liability to action en coven.-intfor 22 — SQ 
 
 Losing opport.inity to levy— remedy 101 
 
 Neglect to return execution, or fuUe return 
 
 of— remedy ' S9 
 
 For taking excessive fees — remedy 77 
 
 Not accounting for monies received— re- 
 medy 70 
 
 Remuneration to 12—14 
 
 Assault on— how ptmisliabic lOU 
 
 Rescue of goods from seized— how punished. 100 
 
 BANKRUPTCVANDlNSOLVENCY-See De- 
 fence, Judgment Summons, Security. 
 
 BARRISTERS— May be appointed as Deputy 
 
 Judges 8 
 
 May not be appointed Clerks S 
 
 BOND — See Security — Attachment. 
 
 BOOKS— To be Icept in Division Courts for en- 
 tering fees, rine!>, and suitors' monies 13 
 For eiiioring a note of siunmons, &c.. . 49 
 Of Pluintif, to be evidence iti certain cases. 73 
 
 BOOKS, PAPERS, and MONIES— In case of 
 death, &c., of Clerk, to whom Court Books, 
 
 &c. to lie delivered 18 
 
 Wrongful holding of, &c., a misdemeanor.. 13 
 
 Proceedings to punish for 13 
 
 Of late Courts ef Requests. 
 How may bs ordered to be delivered over, 
 and to whom 7i 
 
 BREACHES op the PEACE, &c.— Persona 
 guilty of, in Court Room, or within hear- 
 
 ini!, how dealt with 13 
 
 See also Contempt, Officer, 
 
 CERTIORARI— What causes may be removed 
 
 by, and how removed 69 
 
 CHALLENGE— See ^uror. 
 
 CHOSES IN ACTION— What liable (o leizur* 
 
 under execution S0 
 
 Proceedings to recover— (and see ExtctAion) V 
 
IV 
 
 INDEX TO THE ACT. 
 
 Seetiem. 
 CLERKa— See Offieeri— Practice. 
 
 Security covenant to be given by 0*2 
 
 May appoint Deputy lU 
 
 DuTiua nr — in respect of Attachment.— Hqq 
 
 Altacliment. 
 DDT1E9 or— as to proceedings. 
 
 KiitcriiiK llic nccouiit 13—34 
 
 lasuiiiK (he suiiirnoiiM 21 — 13 
 
 To leave no lilaiik in pupcrs issued 4(1 
 
 To seal procrsa HI 
 
 On imyineiii of iiiuney into Court 4U 
 
 Issulnj^ cubpanag 48 
 
 Taking conlessiuni SI 
 
 On irnnsijiission of pniiers to anotlicr Divi- 
 sion 88 
 
 in retpetl to Juries. 
 
 V.'iicii noticcij itqui;i<ig to lic given to. ... 3" 
 
 J Tors— liutv sclL'Ctcil 3.5 
 
 Nunihur to he Hunwiioneil '-^ 
 
 'J I) pay Jtirors s\vorn 3U 
 
 Tu summon ueic Jury un order 3" 
 
 Special licfencei—io lotil'y 13 — 13 
 
 M trial— Oallia 81 
 
 How causes set down for trial nnd lienrd. . . 31 
 
 Adjournment of Court in Judge'u al/bcnce.. . b 
 
 Administering Oaths II — 81 — 8,^ 
 
 To read postponed judgment to parties wlien 
 
 received SO 
 
 Costs to Ijc taxed by sulpjecl lo revision of Judge 13 
 
 To register orders and judgments of C'juris. . 13 
 
 To issue warrams, executions, &c 13 
 
 To issue execution nt request of parly prose- 
 cuting order for laynient .'i3 
 
 /Jrettid'ows -particulars lo I.e observed in issu- 
 ing 5(( 
 
 W/iere against parties removing to another 
 
 County, duty ihereoii .'53 
 
 On Kxecuiions from nnollicr County. — Duly 97 
 Duty on removal of judgment in order lo 
 
 obtain execuiion against lands 57 
 
 On Judgment Summons.— Sec Judgment Sum- 
 mons. 
 Where claims made by third parlies to goods 
 
 fceizcd 10-2 
 
 Oo//is— General power to administer it 
 
 Fees—TiMc of, to be hung up in Otfice. ... 14 
 
 i)y whom paid in flrst instance II 
 
 Jury fees ,33 
 
 llailift's fees 41 
 
 Remuneration to Clerk lo_M_po 
 
 To keep an account o/ monies 1.3 
 
 Fees forfeited by Baililf. 14 
 
 Accounts of, to be audited 13 
 
 Periodical nccouiitsio be verified 1,5 
 
 Annual return of emolunienia 110 
 
 Custody of IJooks 13 
 
 Punishment for wrongful detention of. . /•. . )3 
 I'foccedings against by County Treasurer 18-^0-21 
 
 Books and accounts to be ke|it by 13—14—49 
 
 Duly oil removal from, or resignation of, 
 
 Olfce 19 
 
 In case of death— liability of representatives 211 
 
 Punishment for default or misconduct 76—77 
 
 Action against on security covenant S2 
 
 CLERK Of THB PE.^CE— Duty of, in respect 
 
 to formation of Courts 5 
 
 To file officer's covenants and may certify 
 
 contents 22 
 
 COLLiECTOR— Of locality to furnish Clerk with 
 
 a jury list 35 
 
 CCMMrssiONERS-Or Superior Courts emr 
 
 powered to take affidaviis 31-43— SB 
 
 COMMITMENT— Mode of executing warrant of 
 
 ill anoilier County 07 
 
 Power of, and manner of proceeding. 
 Bee Judgment Summons— Bailiffs— Ju$tice$ of 
 tht Peace — Contempts. 
 
 CONFESSION— How and by whom taken. . . . S4 
 
 Proof of due taking requisite 84 
 
 Judgment how obtained on 94 
 
 Stetiim$. 
 CONSOLIDATED REVENUE-Charged wllh 
 
 de(\pii'ncy in fee fund 17 
 
 CONSTABLE- Empowered to execute writ of 
 
 allncliiricnt 04 
 
 To aid Bailiff of Division Court 95— W 
 
 CONl E.MPTS— In face of Court— how pun- 
 ished 75 
 
 Hy disturbing proceedings of Couit 13 
 
 CONVICTION— See ya«/i"ce of the Peace. 
 
 COSTS— /« Division Court— Clerks of 10 tax. . . 13 
 To follow cvoni of suit, unless ap|)ortioned 
 
 hy Judge, or otherwise directed 83 
 
 Plaiiilifl' ninking default in apnearaiice or 
 
 proof, liaMe to 83 
 
 None al.. .»e(i lu nclion or judiiinent of Di" 
 
 vision Courts, without special order. ... 09 
 
 On pnymeni ol money into Court • 46 
 
 KxeciitioM may ixsiie for 83 
 
 And see Attachment— Judgment Summon* — 
 
 Interpleader and Superior Courts. 
 COUNTY— Construction of the word 
 
 lit 
 
 110 
 57 
 
 COUNTV COURT— Clerk of, not to be Clerk of 
 
 Division Court 
 
 Execution against Innils iiiny be sued out of 
 
 on Division Court judgment 
 
 See also — Judge— Lands — Superior Court. 
 
 COURTS-DIVISION-Sce Division Courtt. 
 
 COVENANT— See Secnrily Covenant— Cletki— 
 Jiailiffs— Jurisdiction. 
 
 CROSS JUDOMENTS— Mode of sotting ofT. . . 51 
 
 DEATH— Of parties to judgment— how to revive 
 
 on 73 
 
 See also Treasurer— Clerk— Bailiff. 
 
 DEMAND AND ACCOUNT— See Practice. 
 
 DEPUTY JUDGE-Sceyurf^*. 
 
 DEPUTY CLERK— See Clerk. 
 
 nEFAUT-T AND MISCONDUCT or OFFICERS 
 
 —Sec Officers. 
 
 DEFENCE— See Practice. 
 
 DISABILITIES, &c.— See Judge-Officer. 
 DISTRESS— Sec Execution— Jury. 
 
 DIVISION COURTS— Existing to continue un- 
 altered t 
 
 Mode of constituting number and limilt uf. . 4 
 
 »'*«« held 3 
 
 On ndjaurninciit 8 
 
 In remote situniion 100 
 
 JIoK recorded and notified, when appointed. 
 
 Ice. 5 
 
 Style and seal of 0—80 
 
 Felony, forging seal or professing to act un- 
 der process without authority 80 
 
 Officers of— 
 
 Judicial 7'-.8 
 
 an<l Hee Judge. 
 
 Ministerial— Sec Clerk and Bailiff. 
 Jurisdiction of—Svc Jurisdiction. 
 Process— ficc Practice. 
 Collateral matters — See Praetiee. 
 
 Interpleader — Judgmrnt — SummenB, 
 Feet, collections, «:c., for 13— 13— 16— W 
 
 EMOLUMENTS— See Returns. 
 EVIDF.NCE— Ay puft/tc book* and documenU . .23—40 
 By witnesses and parties. 
 Written evidence allowed in certnin eaiet..31 — 68 
 
 Vl^hen party to suit mnv lie examined 31—81 
 
 Compelling attendance' of witiiessei — See 
 Witness. 
 As ia pariiauar fads. 
 Service of Summons— See Practite. 
 Execution of Confession— Pee Pristlim, 
 In respect to demand, ^0. 
 
 BVII 
 
 x/! 
 
 In 
 In 
 0\ 
 
 F> 
 BXI 
 
 In 
 
 1^ 
 
 n 
 
 A 
 EX 
 
 EX 
 
 FE 
 
 FE 
 
 Fi; 
 
INDEX TO THE ACT. 
 
 Stetiont. 
 
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 n- 
 
 
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 7» 
 
 • 
 
 IS 
 
 
 13 
 
 Ed 
 
 
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 83 
 
 or 
 
 
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 83 
 
 
 03 
 
 * 
 
 48 
 
 • 
 
 83 
 
 Stctloni. 
 
 111 
 
 110 
 07 
 
 01 
 
 73 
 
 i 
 
 ElB 
 
 9 
 4 
 3 
 8 
 109 
 
 
 6— 8« 
 
 86 
 
 7-* 
 
 -16-48 
 
 .2^-40 
 
 ..31—88 
 .31-61 
 
 T 
 
 ■1.-) 
 
 7'i 
 31 
 
 2(1 
 
 20 
 
 ■17 
 
 ri 
 ■111 
 
 j;j 
 
 no 
 ii:) 
 
 .4C-.Vl-6'J-!-fi 
 
 nit 
 
 101 
 
 ni 
 
 -!-3 
 II 
 
 -no 
 
 07 
 Of) 
 
 ro 
 
 (U 
 80 
 
 .40- 
 
 .M- 
 
 BVIDENCB— 
 
 Conflncilto pnrdciilnrii 
 
 What ilpciricd in iiroofoi' dcinniul 
 
 ?" ^«» ' --'>i PIniiiiitr'a books cvidencu hi cerialn ciibcs. 
 
 '^.^ Bf Jffidavit 
 
 ^'' OfeauBC of action, in wimt iiinniier uub- 
 
 niiiied 
 
 Intcrrogniorlea may Ic propoFCd in unch 
 
 COIPI 
 
 In Mlaclimrnl enact — Pre Atlarhmevl, 
 
 Ih interpleader casei—^ee Inlcrpleailer. 
 
 On judgment <ummon<— Sec Judgment Sum- 
 
 ffloiia, 
 Falte—ihii wilful niid corrupt glvini;— rerjury 
 
 EXECUTION— Uow nnd when tucd out 
 
 Noie to lie enlprcd of 
 
 Party liavina an order for poytneni of money 
 
 n>ny biic cm iijion 
 
 To another County 
 
 Flniiiiitf not to he delayed in for more than 
 
 511 tiny» 
 
 Irnrnedinle — low oluaincd 
 
 Forinii, reqniHilff in, ami retiirtiBio 
 
 Fnlee retnrn to, reim dv for 
 
 LoBR hy ncL'led to levy, &c., remedy for. 
 /n particMlnr cases. 
 
 In attacliMiiMit raxes 
 
 On croKi judeniriiiR 
 
 Ajjainsl partin'm 
 
 Aeainiit exi-cniors and ailminii>tralori. . 
 
 For defenrlnnt 
 
 Jraintl Officers— See OJSieers—Bailiffii, {fC 
 
 Ties on 
 
 JVhf.re and hoiB executed 
 
 Where Koods ont of C umty 
 
 How ntnyed 
 
 Ainonntof, may lie tendered to Bailiff. . . . 
 
 Notice of sale under 
 
 Officem not 10 purchase at sales under. . . . 
 What property may be seized under, and how 
 
 dispojied of 
 
 In relnlion to partnership property 20 
 
 OenernI exemption from f^O 
 
 Bales under CO 
 
 Chose In action seized under— how disposed 
 
 of "" 
 
 Return of how enforced SO 
 
 If false. &c. how punished 59-lt'l 
 
 nnd Sec Baililf. 
 On in/i rpleader nnd judgment summons. 
 
 See Interpleader — Judgment Summons. 
 Againt', lands, how obtained— See Lands. 
 
 EXECUTORS ANn ADMINISTRATORS — 
 
 May sue and lie sued Pf* 
 
 Juigments may he revived by nnd against 73 
 EXTORTION— See Officer. 
 TEE FU.VD— See Fees. 
 
 Clerk to collect fees for 13—11 
 
 Finer, be, to l« part of 13—35—48—103 
 
 Coll<c(ion» for, how pnkl over 15— Iti 
 
 As tc deficiency in 17 
 
 PEES — .Acronni (o he kept o( 13 
 
 Whai paynlle and by whom H 
 
 Tahl'! of. to he put up in Clerk's Office. ... 14 
 Forfrhed, to he part of fee fund, and sjiecial 
 
 neroiint of same to be kept H 
 
 Arrcnnts to be kept nnd collections paid 
 
 ovisr 1' 
 
 Treniurer to pay over collections 1" 
 
 On simmoning jury, how paiil 33 
 
 ORicirs inking greater than allowed, punish- 
 
 tiiert 
 
 Willi respect to services made out of Divi- 
 sion 
 
 And ff« Jltarhment— Costs— Clerks, 4-r.— 
 Cl'.rk the Place— Couuty Courts— Lands. 
 
 FINES- Account to be kept of ^ l;* 
 
 To ftTftri prtfi of frc tUTtii* ..... .i^ — 3.5 — 4.'^~1(—* 
 
 76 
 
 F8 
 
 For ilisobedienee of Jury sutnmona.. 
 
 On vritneno 
 
 For Ooniempi* 
 
 FINKS— Seetious. 
 Kor assaidt on Offlccr I<'0 
 
 rayineiil of, may l;c unforced os a Judgment. M 
 
 FORMS— Pee Schedule to the Jet— Summons— 
 
 Cvvenant — Allachment. ' 
 
 FR.AUD— Pec Judgment Su,nmo>is. 
 
 GOVERNOR IN rOIINCIL-r)«/i>» of, as to 
 
 reiiMiiu'ralinn nf jndiies Vi 
 
 As to nnilil of Clerk's arcouni 13 
 
 In respect to dfflcieiicy In fre fund 17 
 
 As to form of Trensnier's security 23 
 
 Ax to periodsof holding Courts 1U9 
 
 IMPRIPONMKNT-Sce Clerks- Itailifs— Con- 
 tempts—Judgment Summons — fVitness, 
 Noi 10 operate an saiisfiiciion of demand. . . 96 
 How disclmr);e from obtained 00 
 
 INFANT — Knablcd to maintain action for 
 
 wages S7 
 
 INFORMAMTIES— Pertain, not to make party 
 
 a trrspnt^yer 70 
 
 Certniii prurrcdln^is not to be qundied for 
 nintlcr of form 109 
 
 INSOLVENCY- Pre ;;anAr«/;7/fy. 
 
 IN.SPF.crOR GENERAL— Certain returns to 
 
 be made ir 16 
 
 INTERE.ST— Recoverable on judgment from 
 
 dale of entry 53 
 
 H.niliirio make over and above debt and costs 
 on cxecnlions S3 
 
 INTERIM.EXDER— Claims on goods seized 
 
 may he iidjudl. ated oti 102 
 
 Manner of prucceding. 
 Claimant and c.xecniion creditor to be sum- 
 moned 10*2 
 
 Proceeilinps in oilier Courts thereby stayed. 111*2 
 
 C^ourt 10 adjiidiraie on cliim 103 
 
 Order to be .'iiial and conclusive 103 
 
 INTERPRETATION CLAUSE 100 
 
 INTERROGATORir.P— May be administered 
 
 to witness proving; demand by allidavit.. .. 31 
 
 JOINT CONTRACTOR-Pce Partner. 
 
 JUDGE OF COUNTY COURT— To preside 
 
 over Division Courts 7 
 
 Power nnd aiitlioriiy of in reference to Divi- 
 sion Courts, the Offlcers tinreof and |iro- 
 cecdings tlierein— See Judge of Division 
 Court. 
 
 JUDGE OF DIVISION COURT— Whom to be. 7 
 Whom in case of absence or illness of judge. 7 
 
 Disabilities of OfTioc 8 
 
 General authority nf — 
 
 Mav appoint deputv 
 
 Who may be deputy, and power and duties 
 
 of. 8 
 
 Appoitiimeiit of Deputy Judge to be notified. 8 
 
 'Jo be sole jndKe to determine in n summary 
 
 way, according to justice and equity.. . .23 — 30 
 
 Oaths, i.c., may administer 15—31—45 — 88 
 
 Kniesof practice and forms. County Court 
 
 Judge may frame 44 
 
 Scale of nllbwaiice to witness lo frame. ... 48 
 
 Anil see Judgment Summons. 
 Rulei", &c., to be approved of by Judges of 
 
 superior Courts 44 — 48 
 
 May fine and imprison for contempt 73 
 
 Mav punish for .-issault on officer, or rescue 
 
 of goods 100 
 
 May make order to enforce payment of fine 
 
 in like manner as judgment '. . &2 
 
 May order discharge from imprisonment 
 
 under the act OT 
 
 May device means for revivins judgiiient 
 
 I against iiersoiial representatives 73 
 
 May Certify a Judgment in order to ilsexe- 
 I cution in another County •* 
 
VI 
 
 INDEX TO THE ACT. 
 
 JUDGE or DIVISION COURT- Sectiont. 
 
 May order e»cciilloii on certlficnte of Juilg- 
 
 meiit from nnoiliprCJonnly 55 
 
 Authority nf, iit rfferencr. lu prorteding§— 
 • llefore hi-nriiig— Set- Atlnclimtvl. 
 
 Mny ipeciiilly onlcr 8Uit (u be brought In a 
 
 pnrlirular Division 23 
 
 Tht henring—^ee Juritdktion— Hearing. 
 
 Wli it iiiny liolJ plea of. 83—01 
 
 In irniltT of inter plender Wi 
 
 Mode nnd rule of dcierininnlion liy 23— 3U 
 
 Mny nci on evidence In Jury ciisep, if jury 
 
 (lianKrep ■ "f" 
 
 Couri<e of lionrinn 31 
 
 Aiipenriiiicc of imnicB nt hearing, 4,c 41 
 
 Ex jtarle lieariuR "I.^ 
 
 Where proof from rinlntitr's hookn Ti 
 
 Where plainliir innkcs default M 
 
 Gfnnlinu ilinc for hearjne 4') 
 
 Proof of demand by nlTldavit 31 
 
 Mny require deponent to nnswer interroya- 
 
 toricH " •" 
 
 Oh conlei'sion •'" 
 
 On sei off ■!'' 
 
 On pnynieni Into Courl '•' 
 
 Mny direct exniHiiiation of pnriy to suit. . • PI 
 
 In res|iect lo partnersliip coiilrncis 20 
 
 CoalD on nciiOMi" on juduincnts mny allow.. . 52 
 
 CoHlii mny apportion between parlies P3 
 
 Non suit, power in recpect lo P-l 
 
 New trial, pover lo (jrant 73 — HI 
 
 Decision, when and how pronounced 3!l 
 
 Jurofo, power lo punish for default 3."i 
 
 VViliiC8.-ei> " '1^ 
 
 Mnv suspend execution for temporary ilisa- 
 
 bilitv S? 
 
 On judi'inenlfrom anoihercounly, may order 
 
 execution Sj 
 
 Limited, ns to time in ihc order for payment 
 
 of Jud);men( 50 
 
 Subseguent to henring. 
 
 Execution immedinie— may order 03 
 
 Execution may order for costs b'i 
 
 Chose In nction seized, sued on— power of 
 
 jtidge In respect to 00 
 
 And see Inlerpleailer. 
 Authority of— in referetire lo Offirert. 
 Security by ofllcere, Judsje of County Court 
 
 to prescribe nnd rofrulate 22 
 
 Accounts of Clerk, to examine 13 
 
 Mny require certain returns of Clerks. . . . 15—1 10 
 On wroiiKful detention of Court booUs, &c., 
 
 how to proceed 13 
 
 Mny order books of Courts of Request to lie 
 
 delivered up 74 
 
 Extortion hy OfBcers, mny punish 70 
 
 Taking excessive Fees, may piinifrh for. ... 77 
 Bailiff Iopin<!opporiiinity lo levy, may make 
 
 order to compensate pnrly injured 101 
 
 In actions naainst olTicers nnd sureties, mny 
 
 regulate ninoiinl to be recovered 59 
 
 And see Judgment Summons. 
 
 Remunernlion of. 12 
 
 Fund applicable to 15 
 
 JUDGMENTS— As to costs in nctions on 52 
 
 Revivine on death of parties 73 
 
 And see Practice — Attachment Lands, IfC. 
 
 JUDGMENT AND ORDER— See Practice. 
 JUDGMENT SUMMONS — Debtor may he 
 Buininoned to nnswer, in respect to unsa- 
 tisfied judeuient 91 
 
 When sued out nnd form of 91 
 
 Requisites of, nnd mode of service 01 
 
 Subjects of exaraiuntion when Defendant 
 
 nppeari 91 
 
 CoaM on 91 
 
 Party complaining and witness may be cz- 
 
 amined. . 91 
 
 Hearing on, nnd incidents 03 
 
 Order by Judge 92 
 
 Power of examination at trial when defen- 
 
 ■tuA personally served 94 - 
 
 JUDtJMKNT SUMMONB— Seetionl. 
 Commitment— power of OS 
 
 linprisnniiieiit under not to exlinKiilvh debt. 04 
 W: .'re Dolenilant In another Counly, mnn- 
 
 tier nf proceeiliiiR 07 
 
 Diiichnr){u of percuns imprisoned 90 
 
 JURISDICTION— See Division Courli. 
 
 Dieisiun Courts nol to be Courts of Record. 2fJ 
 As lo place 3—4 
 
 As lo persons id 
 
 Fur or acainsi any peison, bodies corporate 
 
 or otherwise S3 
 
 Ni) privilege to exempt from jurisdiction... 2 
 
 Infants enalili'd to sue 7S 
 
 Kvccntdrs nnd AdrniniFtrnlors mny sue and 
 
 lie sueil .... 60 
 
 rnrinemliip th'innnds recoverable from otie 
 
 Joint contractor 20 
 
 Name of orlk'innl defendant mny be used In 
 BuiiH on ciiOBc in action seized under exe- 
 
 cntioii 00 
 
 Sureties of Hnilitls mny be sued alone in 
 
 certain cneCH SO 
 
 As tn sniijecl matirr, and amount. 
 Debt account, brcacliofcontrnclor covenant 
 or money demand, fee, not exceeding £25, 
 tort 10 personal property not exceeding 
 
 XIO : 23 
 
 rvemptions 23 
 
 DeniMiiil not to be split to cive 26 
 
 No uiiMctileit account over X.jO in be sued on. S6 
 I'rnpee'litTL'B where excels of Jurisdiction Is 
 
 aiiaiidoncd 90 
 
 fn nltaclimtvl ctmrs. 
 Not Iccn ilian X'l nnd not exceedinj; £25 for 
 (lelit or dnnwi);('M upon contract express or 
 
 im|)lied— or u|ion n judRinent 64 
 
 On //u;if/« for nny amount tjivcii in course of 
 
 procepdinj? 70 
 
 Covenants of Offirers, may l>c sued on in any 
 
 (Niurt of competent jurisdiction 23 
 
 Interpleader— c\!\\mfk by third parlies on Roods 
 
 talien inexeciilion, mav lie ndjudicaledon 103 
 Fraud and llreaeb of Trust, Jurisdiction iu 
 respect lo. 
 See Judgment Summons. 
 In respect to proceedings. 
 
 Judfje empowered lo make orders 23 
 
 Judije uf (;ouniy Court sole judge In Conrt 
 unless ill case where parties iiiny call a 
 
 Jury 30 
 
 Judae's decision to be pronounced openly at 
 
 trial or in writini; nt a suliscqucnt dny . . . 30 
 Orders nnd Judgurents mny be enforced by 
 
 execuiion S3 
 
 Fines to be enforced as judgment 82 
 
 As to costs 83 
 
 And see Cusis— Practice. 
 In respect to Officers— ntiiWff mnking false re- 
 turns or faiiiiiR to make returns 80 
 
 In respect to opportunity lost to levy 101 
 
 In case; of exioriion by officers 76 
 
 Officer lakina greater fees than allowed. . . 77 
 and See Officer. 
 In respect to Collateral Matter*. 
 
 Conlempia . .13 — ^73 
 
 Assntilt on officer or rescue of goods seized. lUO 
 
 Jurors — non ntteiidnnce of 35 
 
 Witnesses— non attendance of. 48 
 
 Judgments from another County — enforcing. 5S 
 
 JURY— Mny he cnilod by either party, where In 
 tort demand a.xceds £2 Ills., nnd in other 
 
 cnses where demnnd r -ceeds £5 32 
 
 How notice requiring served 33 
 
 Fees <n resficct to 33 
 
 Persons iiniiic to serve on 35 
 
 How selected 39 
 
 To be paid by Clerk 36 
 
 Hovy punished for non attendance. ...... 64 
 
 Causes to be tried by, to be first beard .... 33 
 
 4 
 
 y > 
 
 
 i 
 i 
 
INDEX TO THE ACT. 
 
 vii 
 
 8 
 
 3—4 
 S3 
 
 S3 
 
 a 
 
 79 
 60 
 SO 
 
 00 
 00 
 
 S3 
 
 23 
 SO 
 SO 
 
 SO 
 
 64 
 
 70 
 23 
 109 
 
 S3 
 
 30 
 30 
 
 93 
 
 83 
 83 
 
 SO 
 
 101 
 
 78 
 
 77 
 
 13-73 
 
 lUO 
 
 33 
 
 48 
 
 SS 
 
 33 
 33 
 33 
 33 
 33 
 30 
 64 
 
 ^ 
 
 f' > 
 
 Stctiont. 
 31 
 
 37 
 lUI 
 
 38 
 
 JUEY- 
 
 Ao to Jurori bclim lole Judaei, Set 
 
 Empannelling and duliet of— 
 OqiIi to Ijo niliiiiiiliicrcd— verdict lo tio 
 
 unniilmouv 
 
 Matter of form not to vncnto verdict of.. . . 
 Jury not n(ireciii|t, Judije iiiny order now 
 
 Jury to lie ■umnioned 
 
 Judge inny prunouncu judgment on evidence 
 
 given, If |inrtics coriHenl 38 
 
 Uiicretlon to lU nniount to be recovered 
 
 naniiist llnllin''i Burotlcu SU 
 
 Adjoiirntnent inny be ordered when Jury cnn- 
 
 not nuree ^ 
 
 JUSTICK3 OK Tnu PEAUK-Uutyof.iwtofor- 
 
 nintton of Conrla 4 — 
 
 A» to time of holding Courts WO 
 
 ReBoliilions and ordera of, not lo be nllcrcil 
 
 at a 8ub»equcnt8eg<lonb,unleD« by n greater 
 
 number of. '' 
 
 Authority "f. In reapcct to oitachnient.— Beo 
 
 Allachmenl. 
 M.»y punUh digtnrbnnccs mndc in Court... . 
 
 IMny punish for ni>Rnult on olllcnra 
 
 Manner of proceedings to enforce fines, &c., 
 
 Iiefore 104 
 
 13 
 
 lUU 
 
 Convirlion m such c.ise*— formof Ib3 
 
 Verltlcntionof Olerk'g accounts before 15 
 
 LAND3— Whon and In what cases, and how 
 made liable for Juitgincnts in Division 
 
 Cour •'■>7 
 
 How bound on rcgUtration of Judgments. .. 58 
 
 LEVY— Bailiff acting under Fitri Facia; what 
 
 to levy and seize 53 — ^9 
 
 Parties making, not to he trespassers by pre- 
 vious irregularity. ''' 
 
 MINOR— .See Infant. 
 
 NEW TRIAL— See Praetiee, 
 
 NON SUIT— See Praaiee— Hearing. 
 
 OATIlS-Wilfu|iy and corruptly false— perjury. 47 
 
 Clerks empowered to ndmiiiisier II — 81—88 
 
 Commissioners in Su|ierior Courts may 
 
 take 31-48-88 
 
 On hraring, to be administered by pro|)er 
 officer 
 
 OFFICERS'- MINISTERIAL— 
 
 By leknm appointed and removed 
 
 }rko may be appointed 
 
 Seeurily by, liow regulated S'i 
 
 To be by covenant with sureties SS 
 
 Suits may be brought on for default or mis- 
 conduct of officer S2 
 
 On death, removal or insolvency of new, 
 
 It curiiy to be given 2S 
 
 Old security by, not affected 2'2 
 
 Not to purchase at sales 61 
 
 Privilegei and ditahililies of— See Clerk— Bailiff. 
 JRtmediei againtl — 
 
 For taking excessive fees 77 
 
 Not accounting for money made 7(J 
 
 Under security covenant 22—59 
 
 Venue In actions against, in a Division 
 
 Court 62 
 
 Protection and Indemnity. 
 
 Punishment fcr insulting 73 
 
 PunishnienI for assaulting lUU 
 
 In actions against,- K«M«e -notice and plea 107 
 KsntHe, in actions against, in respect to acta 
 
 Uiider notice 107 
 
 lOR 
 82 
 
 Stctiont. 
 PAIITICULARS or I)KMAND-8co Praelict. 
 
 PARTNERS- Several, liabilities of 90 
 
 PAYMENT into Court— (See Practice) 40 
 
 PENALTIES-See Finet. 
 
 PENDINfJ PROCEEDINOH— To remain good 
 
 and be coni|deted under this Act 3—113 
 
 ProeeeiliiiHs umler repealeil Acts continued, 
 ns if thiH Act had not passed U3 
 
 PERJURY- 'I'ho ivilfiil and corrupt giving of 
 
 fiilse evidence to be 47 
 
 PERSONAL REPRESENTA'l'IVES— Sec Ditnh. 
 
 PERSONAL SERVICE — Of summons — Sco 
 Prarlici. 
 
 PRA(/TICE — Account and Demand, 
 
 Plaintiir to Ciller a copy of his account or 
 
 demand 94 
 
 rinlniilf to furnUh Clerk with 13 
 
 To be numbered 94 
 
 Coiiy of, to he attached to sunmioni 13—34 
 
 Eviiieiice ut hearing to be confined to puriS 
 
 culurs 43 
 
 Venue— in ordinary cases .•.. 33 
 
 111 actions ngaitisl Clerks and Bailiff* 03 
 
 5umrnuns—AIude of issuing. . . 13—34 
 
 I'orm uf, Scliedule U. 
 
 To be under seal of Court 86 
 
 Requisites of 40 
 
 Note of, in be kept '. . 40 
 
 Service v/— In ordinary cases 34 
 
 When Derendantont of Division 87 
 
 Mode of proving service .■ ■ • • ^ 
 
 Proceeding! beliceen Summoni and Hearing. 
 
 Cunfi'ssion.x, how taken and proved 34 
 
 Pnyinent into Court 46 
 
 Defence, notice of, special to be given .... 43 
 
 Witnesses, parties liable to be summoned as 81 
 Anil sec Subpccna, Wilnet*. 
 
 Jury, how called 39 
 
 .Hearing- Order of 34 
 
 By Judge 20-26-23-30-4>84-4a 
 
 And see Judge. 
 
 By Jury 33-37-33-106-30 
 
 And KcJury. 
 
 On appearance of Plaintiff 41 
 
 Plaintiff nut appearing 63 
 
 Defendant nut appearing dS 
 
 7V»n suit 43—84 
 
 Rule a-: to costs . 
 
 Actloiir ordinary against, — Venue 
 
 By way of interpleader— See Interpleader. 
 Actions ordinary, against venue 
 
 PAPERS— See Booki and Papers. 
 
 PARTIES TO ACTIONS— See Partnert—Ju- 
 
 TisdictiQHi 
 
 How sued when residing in different Divi- 
 sions 
 
 Joint property of partnerB,wben liable to sale 
 under execution 
 
 S9 
 29 
 
 Poelponement of. 
 
 Special defence, uihen admitted 
 
 Hearing in particular Cases—Sec Attachment 
 — Interpleader — Officers — Judgment Sum- 
 mons. 
 Evidence on Hearing — See Evidence. 
 Judgment tf Order — Note of, to be entered by 
 
 Clerk 
 
 To lie registered by Clerk. 
 
 43 
 43 
 
 40 
 13 
 
 Not to be vacated for matter of form lOO 
 
 I'o be final and conclusive between parties. 84 
 Operation of, in relation to cause of action 
 
 beyond Jurisdiction 26 
 
 To be delivered immediately after hearing, 
 
 or subsequently in writing 30 
 
 May be to pay by instalments SO 
 
 May be suspended for temporaiy disability. 08 
 
 Exparte to be valid 45 
 
 Where money paid into Court 46 
 
 On confession 34 
 
 For costs on Plaintiff's default 83 
 
 On set off 43 
 
 Against one of several persons jointly liable 20 
 May be revived for and against personal 
 
 representatives 73 
 
 Cross, may be set oO' 51 
 
 Annjnst EJecntnrs — as in Superior Onut". - 80 
 
 Wliere parties to dead, may be revived. • • • 73 
 
 From another County, how enforced 55 
 
 How lands bound by 37—58 
 
 Interest recoverable on from date of entry. . 82 
 
Vlll 
 
 INDEX TO 
 
 SirliuM. 
 
 I'HACTICE- 
 JuJgminl and Order. 
 
 A» 10 coin III aelionoM ft'l 
 
 Etecutioii on, how lucil out .1:1 
 
 In oilier iiuriiciilnr cniei— tico JUucUmtnl, 
 ire. 
 
 Kvidtnei ^f—Sce Eiiilenri. 
 A«» 7Via/— how and in wlinl cnien (trnnteit . .7'i— S4 
 CfcutioH— fatty in wlio»e lovoiir ordtr iimilo 
 
 eiiiiUfil to 83 
 
 And mM Kitntlioii—LaHiU—RuU$—Cvtt$, 
 On CoUaUrat pructLdingi 
 
 Oh AUitrkmenI «te Atlackmeut. 
 
 On IntlrpUadtr |(N 
 
 Oh JuilgmiHt Summun$ 01 -01-1)3— 01— 05— IMI— 
 
 tn ProctndiHgi againtl Officirt »ce Clerk— Ilaitif 
 AKiilint Jiirom— ficu Jurorn. 
 Againat VVilne«wi-8tc VVilnefiri. 
 
 PRIVILEOE— No privilege nllowcd to exempt 
 
 from Jurisdiction 2fl 
 
 Finding 
 
 PROCEKDINGH PENDING— See 
 Proceeding!. 
 
 PROCK8S-Porgln«, kc.., a felony 
 
 ReHCJCOfgoodsacized under— how punlHhei! 
 Claim 10 good* ncjzed under— how deter- 
 mined 
 
 And »ee Praaici— Summons— JCzicuiioii.' 
 PROTECTION OF OFFICERS-Sce Officer. 
 QUARTER SESSIONS-Sce Juitice of the 
 
 RECEIVER-GRNERAL-To receive fees from 
 
 Cuiiniy Trcnaurer jfl 
 
 REGISTER or COUNTY-Iluly of, in respect 
 
 to recording judgmcnu of Uivislon Coutm 58 
 
 REMOVING CAUSES-.See Certiorari. 
 
 REPEALED ACTS— See Secttont i_ii2 
 
 RESCUE OFGOODSSEIZEIJ-lunlshmentof lOO 
 REQUESTS COURT of- Books and nnpera 
 niny he ordered to be dcliviTed to Division 
 Court Clorlt 74 
 
 RETURNS— To he made of fees nnd emolii- 
 iiieiits 
 
 m 
 
 lUO 
 102 
 
 tllK ACT. 
 
 tstlitnl. 
 
 SIIERIKK— Duty of, ni to itrrcst of p«noM 
 
 wroiiKfutly dcliilning books, he 1) 
 
 SCMTTING DEMANDS-Not allowed 96 
 
 SUIU'CKNA- Mny heobtiiined iroin Cleric. ... 48 
 
 Hervlce of 4g 
 
 n/iom buHHd to attend— VatUf and all oih«r 
 
 „ I'f*" 49-M 
 
 I'lirlies roiii|iell,ihle 10 allend hy fubiioDa 
 from Mu|ierior Court from any part of 
 
 U|i|K.'r Caiindn 4g 
 
 Allowance Willi— consequence of dir>h»> 
 dieiice of 
 
 110 
 49 
 
 or Runimoiiseg, writs, &c., to be eiilercd by 
 
 Clerk ' 
 
 And see Clerk— Jiaitiff— Fees. 
 
 RULES-of prnclice may he made hy .Tudae of 
 
 County Court, nnd fornirt framed to he aii- 
 
 proved of hy Judges ol'Superior Couris.. . 
 
 Existing Rules in force uuiil oilierwiso 
 
 ordered 
 
 SALE— Under eieeiiiion 
 
 (And see Euculion—Altacliment.) 
 SEAL- Every Division Court to have a seal- 
 process to he sealed tlierewltli r.. 
 
 Forging of— made a felony jjo 
 
 BECURITJ-Trensnrer, Clerks, nnd BailifT* to 
 
 give for due performance of duly ?2 
 
 Liability of security for Clerk aturUniliflT. ..2i— 59 
 
 Validity of previous security not to be ' 
 affected 00 
 
 Clerks and Bailiffs' security— a covenant 
 with sureties 22 
 
 To be renewed in case of death or insol- 
 vency .,2 
 
 Certified copy to be evidenceof covenant.. . 22 
 
 And see Treasurer— Clerk— Bailiff. 
 
 In Attachment cases-See Attachment. 
 SET OFF- Notice of to be given 
 
 Provision where Defendant's demand ex- 
 ceeds that of Plaintiff 43 
 
 Excess of set off beyond jurisdiction ma v hp 
 abandoned ," . . . 13 
 
 Plaintiff may be non-suited if Defendatit'i 
 set off exceed bin demand 43 
 
 Judgment* crow may be set off 51 
 
 SUnORS' MONEYS-Account lobe kept of. .. 
 SI/MMONS-Sce Practice. 
 
 8UPEHIOU COURTS-Judgei of, to conllrm 
 KiilcM of Priictire 
 
 Jiiilgei of, to settle tabic of fees to wiinesaea 
 
 May iiiako order for delivering up booka, 
 &c., of Co in 
 
 May make like order as to late Courl'a'oV 
 Keqi:e»t 
 
 Actions cogiilznhle in Division CourU, 
 ctfect of bringing in 
 
 Certain suits removable to 
 
 As to proceedlnus in, against offlceri.. . .107- 
 
 A» toelfecl of Division Court Interpleader. 
 on action in 
 
 Subptrnna from U. B.or C. P. may issue to 
 compel Hliendnnec of Witnesses at Divi- 
 sion Courts 
 
 TREA.TRER or COUNTIES — To receive 
 
 Court fees, tec 
 
 To give security 
 
 May re()iiire C'lerks 10 make return 
 
 J"o receive pavinenl of fees quarierly 
 
 J o receive fcos, fines, and |)ciialties 
 
 J o audit Clerk's arcounls 
 
 To render half-yearly aceonnts to Inspector- 
 General 
 
 48 
 » 
 
 To pay surplus (if any) aner dlsbursemenla 
 1 o receive warrant for any deficiency in fee 
 
 44 
 
 48 
 
 13 
 
 74 
 
 78 
 
 89 
 
 •loe 
 in 
 
 48 
 
 M 
 il9 
 19 
 IS 
 109 
 U 
 
 1« 
 18 
 
 fund 
 
 43 
 
 lo hold hooks, papers, &c.. In certain cnsea 13 
 
 Accoiiiils of, 10 be deemed pnldir, accounts. . 18 
 
 Duly of new Treasurer coming in 19 
 
 I rocecding in cases of death of 311 
 
 Action by ^i 
 
 TRESPAaS— Informalities In levy not to make 
 
 pnriy giiihy of 7J 
 
 And ne Jurisdiction. 
 TRIAL— See Practice. 
 
 UNSATIsriKl) JUDGMENT oR ORDER— 
 
 See Judgment Summons. 
 
 VENUE— To he where Dereiidant resides, or 
 where liahillty incurre;!, unless otherwise 
 
 ordered hy jiidKO 35 
 
 Where Oerk or Bailiff a party '.' O'^ 
 
 In Atiacliment cases 04 
 
 VERDICT OF JURV-Tobennanirnoiii '..*.'. 37 
 Not to he vacated for matter of form 104 
 
 WARRANTS-Uy whom Issued 13 
 
 Service of. ]3 
 
 Veen on ','.',', 14 
 
 To he under seal of Court .'.'.*.'. 69 
 
 And see Judgment Summons- Practice— Xx't- 
 cution. 
 
 WITNESSES— ;/»» compellable to attend 48 
 
 Persons in Court may be called on as. . . . 48 
 Who may bt — 
 
 Parties nnd all other persons 8t 
 
 Party not to be examined, except at instance 
 
 of opposite party or jiidge 81 
 
 To .-■! PT^injjjg,-) ,jji oat;.^ g^f. g£ 
 
 Indemnificniionto 48 
 
 What perjury by 47 
 
 On hearing at Judgment summon* ....... 93 
 
 And see Evidence. 
 
 i 
 
 1 
 
 1:1. 
 II. 
 
 .^m^imm^ . 
 
INDEX TO nULF.8 AND FORMS. 
 
 is 
 
 INDEX TO RULES 
 
 44 
 
 48 
 
 13 
 
 74 
 
 Wo. 
 
 I. (liTk'« Office, where to lie hclil. 
 
 a. Ilitoka lo he kf|>(. 
 
 3. An 10 llie iiiu If of I'liiprlnu Arroiint or Demand. 
 
 4. Kp<||||kI|('ii III Arruiinl i>r jlt'lii.tiiil, 
 0. A* lu iiioili! of Niiriil crliiu liy CIrrk. 
 0, PVnil of Hiiliiin(;iix |iri'<rriU'il. 
 
 7. In iviiK-cl lo I'liiiiiiiirviiinu iiii'liT ihcSOlhicctloii. 
 
 ^. AiiiicxinK jiiiriK'nl .iH 10 h<iiiiiinoiiii. 
 
 U. Hcrvire of f UMniiOMif. 
 Id, llailill' looinJoriT nTvlrc of mmmonip, 4f. 
 IL Rei|H'clliia H'rvlrc of ^'uiiiiiiuiiH out of lilvl<lon. 
 li. iH'fcnce midfr f<iniulo. 
 \'l. Not B|)|irovccl. 
 
 H. Notico 10 save iinricrcftnry f xiioniT In jironf. 
 \H. In rcBiiTCt in roiilrs^ion l.rlbio anion lirouglil. 
 Ifl. Itcquiiitc* in Alililnvltii. 
 17. Ai (o Jni'giiioiiH. 
 19, Ai to WiincKrci). 
 19. New 'i'riiil, inudu of n|i|ilying for. 
 
 No. 
 •ill. 
 'Jl. 
 
 2.1. 
 
 ut. 
 
 M. 
 
 'in. 
 ■ill. 
 
 :i*i. 
 
 Ml. 
 
 in." 
 
 :n. 
 
 Ilcnrlng. nmt derlrlon on npnllenlinn for, 
 
 Onliiinry JiiilKnifiil nxmnnt r:>i-cii(ar. 
 
 On n lili'ii o\ pleiie aJminitlrnvil, Ac, found ftw 
 
 riuiiiiin. 
 
 . , . .(bund for Defendant. 
 
 In ri'i<|iprl lo nnvt* $ ""ijo. 
 
 In rri<|i<'Cl to iltranlaril. 
 
 On |ilon of not r.xcrnlor, A;<?, 
 
 An I ) ino'lp of rcviviiiK Jiiiliinient*. 
 
 An 10 ino<li' of lining out Judijiiiciit Hurninoni. 
 
 Ai to KcrviPO of, A;f . 
 
 In ri'ri'orl (o iiroorolliipioii Tiilcr|ilendcr, 
 
 Ki'i-cipi mill |iiiyiiioiit of iiioiiIoh l>y UaIIKT. 
 
 I'rrioilli-iil KtiiiciiK'iK liy ilniliir. 
 
 I''iliii|.', Dxiiniltiniloii, niiil rrporion tnme. 
 
 l'rocoi'(liiiu« on OtHrcr's covcimut. 
 
 An to Forinii mill rrnrllcc, &c, 
 
 liilcrprcintioii Kiilo, 
 
 lOf 
 
 49 
 
 1« 
 •A 
 19 
 18 
 
 va 
 u 
 
 1« 
 
 IS 
 
 17 
 13 
 IS 
 
 i» 
 
 3'l 
 31 
 
 70 
 
 m 
 
 G4 
 
 37 
 104 
 13 
 13 
 14 
 65 
 
 4a 
 
 48 
 
 81 
 
 81 
 Bl 
 48 
 47 
 93 
 
 •,- 
 
 INDEX TO FORMS. 
 
 I, Summon* to npiionr. 
 II. Hniiiinoiis on n l»i vii»lnvll. 
 
 III. Alll'lavit of forvici! of miiinioii!" niii of iln- 
 
 IMvli'ion, or in ;n«! of imnvoiilutik" iili- 
 gciice of Hull ill". 
 
 IV. ranlciil ir* ill cuM'H on roiitrnct. 
 V. riirlkiiliirH III r:iM> of Ton. 
 
 VI. rarlicnlHm 111 iiriionn n«iiiii»t Clerk or 
 
 Itailitr, mill liiH HurcllcH. 
 VII. Notice of n'l olf. 
 VIII. Notice of (lufciice under Stntute. 
 
 IX. Not approved. 
 
 X. Notice of ailiiiisflons to sive unnecessary 
 
 CJtjioncf' III ["I of. 
 
 XI. ConlcsBion of dfl'l iificr diiit commcacccl. 
 Xil. Affidavit of ( xccMition of confetsion. 
 
 XIII. Summons to .liirorx. 
 
 XIV. SinninoiiB lo WiHir-s. 
 XV. Order for ailjonriinicnt. 
 
 XVI. Jiidmnciit n«.iiiii'l Uefendinl for dtlil or 
 
 (lamapcB. 
 XVII. Judcmeiit for DeO'iidiiit. 
 XVIll. Jiuli'Micnt lor lU'rcinlaiit on set olT. 
 XIX. Judt-'iiieiilof iioii-iiiiitor disniisulor want 
 
 of pro:.rc!iiiiiii. 
 XX. Ordiiiarv JndiJiiiont nuainst cxpciitors. 
 XXI. Judi^ment for IMaiiitili'on DfvasMvil. 
 XXII. Summons to sliowcauseon application for 
 
 new trial. 
 XXlIt. Order for new trial. 
 XXIV. Order for inipo»iiioii of fine for coiilRiiiiil. 
 XXV. Order for the impiwiiion of a line on a 
 
 j.iror for iioii-atKMi'lai.ce. 
 XXVI. Orderforiiniiositioiiofpciinliyon witness. 
 XX VI I. IJieculioii ngaiubt ilie goods of dufsndant. 
 
 B» 
 
 XXVIII. 
 
 XXIX. 
 
 XXX. 
 
 XXXI. 
 
 XXXII. 
 
 X.XXIII. 
 
 XXXIV. 
 
 XXXV. 
 
 XXXVI. 
 
 XXXVII. 
 
 XXXVIII. 
 
 XXX IK. 
 
 XI.. 
 
 XI,I. 
 
 XLII. 
 
 XLIII. 
 
 XMV. 
 XLV. 
 
 XI.VI. 
 
 XI.VII. 
 
 XLVIII. 
 
 XLIX. 
 
 L. 
 
 LI. 
 
 LI I. 
 
 Llli, 
 
 F.xrcullon npainft poodn of plaint ifT. 
 Dxecull'iii iii;aiii8l troods of tedlntor. 
 Hiiiiiiiioiis to pi iiiitiir on inteipleadcr. 
 Iiilcrpli'ailcr, SiiiiiiiioiiK (o rlniiiinnt. 
 I'aiiiciilarH of cl lim on liilrri leader. 
 Order on inli'rplcader siniiiiions. 
 tJuiiimons on U-lialf of Eiecuior to revive 
 
 Jlld(!lllOII|. 
 
 ^iininions to revive Judgment as ngainitt 
 
 cxeciiior. 
 Decree on I.elialf of executor to revive 
 
 jiid({niont. 
 Decree to revive Jalgniciit ngiinst execu- 
 tors. 
 Execiiiion ngninst cxcciilor, on a decree to 
 
 revive judgment. 
 Traiiscriiit of Judgment under .'.7lli vcction. 
 (.^nilicnte of Judgment for licgistraliou. . 
 Application for judgment sunnnons. 
 giiiiiiiions 10 lleleiul.'int aficr Judgment. 
 Warrant of Coinniitmcnt In default of ap- 
 
 Iiearaiice. 
 VVarra III of Coinmi tmontnficr exam i nation 
 Certificate for diiscliargc of a imtty from. 
 
 cusio.ly. 
 Warrant to levy fine upon wiinesg. 
 Warrant of commitment for contempt. 
 Form of IJond on seizure or sale for per- 
 
 ishalii'* properly. 
 Form of l>ond on siipcrsedens lo warrnni of 
 
 nilaclinient. 
 Allowance to witiirs'^es. 
 Form of l.'aililf's Return. 
 Form of Casli Hook. 
 Form of Troccdure Book. 
 
SOME REFERENCES 
 
 TO 
 
 CLAUSES IN BRITISH STATUTES, 
 
 From which certain Sections in the Divhion Court Act, 13 if 14 Vtcloria, Ch-pter 53, 
 appear to have been taken— or which contain Analogous Enactments. 
 
 References 
 
 to the Beets. 
 
 in 13 Sl 14 
 
 Vic. c. 63. 
 
 Sm. 
 
 The References are to the British Act, 
 9 and 10 Vict., ch. 03, except otherwise 
 noticed. 
 
 See Section 4 and 7. 
 dee " 50. 
 
 ».. 
 t». . 
 1«. . 
 13.. 
 
 14.. 
 15.. 
 32.. 
 13.. 
 
 H 
 
 I 
 
 See " 2. 
 
 See " 17.— See also 13 and 14 Vic. 
 
 eh. 01, Sec'ion 3. 
 See " 20.— und See also 1 and 2 Vic. 
 ch. 1 10, Sections 32 and 33. 
 See " 31,21,*}. 
 See ■' R<>. 
 See " 40. 
 See '• 27fmilai>todutyofBailifr,See 
 
 Seciioii 33. 
 Taken from the 37tli Section. 
 See Scciioiis 41 and 42. 
 See Section 30. 
 
 See Sections .53 and Co — ar.d See also 48 
 Oeo. 3, ch. 103-47 Geo. 3. ch. 79, (2d 
 Sess.) Sec. 20— and T VVni. 4, ch. 7.i— 
 (Irifh Act) Sec. 1, and See the Act 
 "For t';e more e.-isy recovery of Sinnll 
 Debts in Scotland "— (20ch May, 182.i,) 
 Section 1— and 4 and S Vic. ch. 173, 
 Sfction 23. 
 M. . . See Section 50, in object similar to this 
 
 clause 
 .as, . . See Sections 00, 128— and See 30 Geo. 3, 
 
 ch. 23, Section 11, (IriBh ActO 
 M, . . Taken from tlie 03rd Section— T^ ■ addi- 
 tional niatier in our Statute w. proba- 
 bly intended as an improvemc> . on the 
 English Act. 
 ft, , , Taken from the 01th Section.— That Sec- 
 tion is however more full than this 
 cl.tu^e. 
 fS. . . See Section 67. 
 
 ai>. . . 'I'aken from the CSth Section, but tins 
 cl.iusc is more full in reference to ihi- 
 principle establisheil. — See also 4 and 
 S Vie. ch. 173, Section 27— and S<'e 
 and 7 Wm. 4, ch. 73, Section 50. (Irish 
 Act.) 
 30. , . See S->ct,ionCft— An nnnlaBousenaciment, 
 but there is a markeil distinction be- 
 tween that clause and ihis— See also 
 Section 58. 
 31... See (Irish Act) 2Geo. l,ch. ll,Sectiot. 3. 
 32, , . See i>ect,on 70, which is nn analagous 
 
 enactment. 
 33. , . Taken from Section 71 , 
 35. . . See Sections 7i and 73. 
 37, . , See Section 72— which requires a like 
 number of Jurors and an unanimous 
 verdic, — but the of.th 's " to give their 
 verdict aoordinn lo Ike evidence" — See 
 also Section 73. 
 41. . . See Sections 74 and 79 — by tlie English .'Vci 
 the right to appear by ngeiil is subject 
 to special regiil.itioii. 
 42. . . 'f'O 75th Section id similar to this clai:8e, 
 but the demand by way of set off is not 
 named. 
 43. . . Tl is clause declares that the Defendant 
 may av.iil hinisi'lf of certain defences 
 on c.eri.iin conditions. — Section 70 of 
 the English Act is similar in bearinp;, 
 but ainrs at prescribing terms prelimi- 
 nary to such defence. 
 Bee. 44. . . See Sectici. 78— powor to frame .iiles is 
 thereby vested in five of the Judges of 
 thi Superior Courts, irrespective of the 
 i County Court Judges. 
 
 References 
 
 to the Sects. 
 
 ■n 13 & M 
 
 Vict 
 
 . c. C3. 
 
 • t 
 
 4.5. . . 
 
 <« 
 
 40... 
 
 (• 
 
 17... 
 
 *C 
 
 4S... 
 
 (( 
 
 40... 
 
 • 1 
 
 50... 
 
 (1 
 
 51. . . 
 
 »• 
 
 53.. . 
 
 tl 
 
 54... 
 
 4( 
 
 00.. . 
 
 «4 
 
 02. . . 
 
 1* 
 
 75... 
 
 »t 
 
 76. . . 
 
 *4 
 
 77. . . 
 
 II 
 
 78.. . 
 
 (1 
 
 80... 
 
 II 
 
 St.. . 
 
 l« 
 
 82. . . 
 
 • 1 
 
 83... 
 
 <■ 
 
 84... 
 
 «i 
 
 85... 
 
 • 1 
 
 86... 
 
 <l 
 
 87,8?. 
 
 II 
 
 68'. . . 
 
 The References are to the British Act, 
 and 10 Vict. ch. U5, except clherwit* 
 loticcd. 
 
 90., 
 
 01., 
 02., 
 03., 
 94.. 
 
 05., 
 
 00.. 
 
 07. 
 
 03. 
 
 DO. 
 100. 
 101. 
 102. 
 
 103. 
 104. 
 103. 
 100. 
 107. 
 
 lua. 
 
 100. 
 !12. 
 
 See Section 80. 
 
 See Section 82 from which thig clause !■ 
 in p.'irl taken. 
 
 This cliiuse is more fuM but appears to lie 
 taken fioui Section 84. 
 
 See Si'ClioiiB 83 and 80 from which this 
 claui'e IS in part taken. 
 
 Coided from Section III 
 
 Copied from Section 92. 
 
 (/'spied from Section !*3. 
 
 See Sections 0,>, 04 and 109. 
 
 See I.J and 14 Vic ch. 01, Section 8 
 
 See Section lUO, an aimlngous enactment 
 and defects in this clause will Iw ma- 
 nifest >>y a comparison thcrewlib. 
 
 .•?<'e Seciion 128. 
 
 The 113ili Seciion is nrl.nilaren.ietment. 
 
 .Section 110 is a s>-.iilnr eii.-ictiiient. 
 
 I'nkeii from the 1 17ili Seccion. but the of- 
 fi-iice there is the " wilfully £Ud cor- 
 rupiiy " exacting, dec. 
 
 See Section 120. 
 
 Copied. .Tiid nearly verbatim, from Sec- 
 t.on 00. 
 
 Til ken from Section 83, but greatly modi- 
 fied. 
 
 Taken from Section 87. 
 
 In p.-.rt taken from Section 8f— See also 
 Section 79. 
 
 Taken from Section 80— See also Section 
 79. 
 
 .-'ee Seciion 00. 
 
 Taken trom Section .'3V. 
 
 Copied from Bi'Ctioi ■ 01, 64. 
 
 Copied, and nearly verbalim, from Section 
 90— See air) 1 and 2 Vic. ch. 110, Sec- 
 tion 12. 
 
 This clause is copici in part frej.< Section 
 07— See also I and 2 Vic. ch. 110, Sec- 
 tion 12. 
 
 Taken from Seciion )>3. 
 
 Copied from Section 99. 
 
 Copied verbalim from Section 190. 
 
 Copied from Section 101, and nearly word 
 lor word. 
 
 Copied and nearly rfrbatim, from Section 
 102. 
 
 1 aken from Secti.in 303— it is noticeable 
 that the words— "goods and chattel)"." 
 Ill the English Act after the word *De 
 feiulant,' near the last of the (..ause are 
 not in (his clause of our Act. 
 
 Taken from Section 104. 
 
 I "opicd verbalim from Section 105. 
 
 Taken fioin Section 110. 
 
 Taken from Section 114. 
 
 Taken from Ser'.ion 115. 
 
 Taken from Feci ion 118— Pec aloo 4 and 
 r, Vic. rU. (73, Sections 71 jind 72— Seo 
 also -.ir ownlnterplerder Act. 
 (^pieri from Section 133. 
 Copieil from Section 1.34. 
 Copied from Section 1?^. 
 •.;opied from Section ' /<!. 
 
 Copied from Seclimi i38, but cur Act al- 
 lows the plea ol General issue, 4cc. 
 Copied terbalim from Section 1!^, except 
 
 as 10 amount of damages. 
 See Section 50. 
 See: Sectioni 4 and 7. 
 
 ^^ 
 
DIVISION COURTS ACT. 
 
 ACT 13 Sf 14 VIC. CAP. 53. 
 
 I 
 
 « 
 
 An Act to amend and consolidate the several Acts now in force, regulating 
 the Practice of Division Courts in Upper Canada, and to extend the 
 jurisdiction thereof, 
 
 [Passed lOlh August, 1850.] 
 
 WHEREAS it is expedient to consolidate and reduce into one Act 
 the several I.iwa now in force regulating the system and practice 
 of certain Courts in Upper Canada established for the recovery of Small 
 Dabts, and to make other provisions therefor: Be it therefore enacted 
 by the Queen's Most Excellent Majesty, by and with the advice and 
 consent of the Legislative Council and of the Legislative Assembly of 
 th« Province of Canada, constituted and assembled by virtue of and 
 under the authority of an Act passed in the Parliament of the United 
 Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite 
 the Provinces of Upper and Lower Canada, and for the Government of 
 Canada, and it is hereby enacted by the authority of the same. That 
 the Act passed in the Session held in the fourth and fifth years of Her 
 Majesty's Reign, and intituled, An Act to repeal the laws now in force 
 in that part of this P''ovince formerly Upper Canada, for the recovery of 
 Small Debts, and to make other provisions therefor,— ^m\ the Act passed 
 in the eighth year of Her Majesty's Reign, and intituled, An Act to 
 amend an Act passed in the fourth and fifth years of the Reign of Her 
 Majesty, intituled, '. An Act- to repeal th£ laws now in force in that fart of 
 this Province formerly Upper Canada, for the recovery of Small Debts, and 
 to mike other provisions therefor,' — and the Act passed in the twelfth 
 year of the Reign of Her Majesty, intituled. An Act to authorize attach- 
 ments against personal property for sums often pounds and under in certain 
 cases in Upper Canada, shall be and the same are hereby renealed, upon, 
 from and after the day upon which this Act shall come into force. 
 
 IL Provided always, and be it enacted, That the several Division 
 Courts now established and in existence in each County of Upper Can- 
 ada, and the limits and extent of the same respectively, shall be and 
 remain as they are now, until altered as hereinafter mentioned : and 
 provided also, that all proceedings had under any Act hereby repealed, 
 shall remain good and valid, and all suits, actions or proceedings cora- 
 mv '.vced under any such Act, shall be continued and completed under 
 this Act as if commenced under the same. 
 
 in. And be it enacted. That the number of the said Courts in each 
 County or union of Counties, shall at no time be less that three, nor 
 more than twelve, and that there shall be one Division Court held in 
 each City and County Town, and that a Court shall be holden under 
 this Act once in every two months in such Division, or oftener, in the 
 discretion of the Judge thereof, and that it shall and may be lawful for 
 .the Judge of the said Court to affix and appoint the limes and the places 
 within such Divisions when and at which such Courts shall be holden, 
 and in like manner from time to time to alter the same. 
 
 IV. And be in enacted. That it shall and may be lawful for the 
 Justices of the Peace in each County now or hereafter to be erected io 
 
 Preamble. 
 
 Act 4 and SVici 
 c. 3; and evict. 
 c.37,andl8yici. 
 c. 69, repeated. 
 
 Division Court*. 
 &c., now exiai- 
 ing, to remain 
 until altered. 
 
 Number of Diri- 
 sion Courtt, and 
 time of holding 
 them, how Uxed. 
 
 JuatlceaoftiM 
 Pence may aUer 
 OiviatoM. 
 
:| 
 
 Judges of County 
 Court* to prtsiiic. 
 
 12 DIVISION COURTS ACT. 
 
 Upper Canada, in General Quarter Sessions assembled, to declare and 
 appoint the number, limits and extent of every such Division, within 
 their respective Counties, subject to the restrictions in tliis Act con- 
 tained ; and such Justices may from time to time aller the number, 
 
 rrorlio. limits and extent of such Divisions : Provided always, tiiat a less num- 
 
 ber of Justices shall have no power to rescind or alur any Kesolution or 
 Order made by a greater number at any previous Session. 
 
 Divifiont, &c., to V. And be it enacted, Tliat the Divisions of each County so declared 
 
 lie e"jere<l "ii " and appointed, and tiie times and places of holdinc sucli Cotiiis, and all 
 IwoK to l)e kept i.i ' i r ,• , .• i .i • r • j 
 
 hr tlie Clerli of alterations that may be irom titne lo time made therein as aloresaid, 
 
 thercaec. si,fj|| jjg entered and recorded by the f'lerk ()• the Peace, in a book to bo 
 
 by him kept for Iliat purpose, and that it shall be his duly lo transmit to 
 
 (he Governor of this Province, a cojiy of eveiy such enliy and record at 
 
 soon as the same shall have been made. 
 
 Jtiiiices of ttie VI. And be it enacted, That the Justices so assembled as aforesaid, 
 
 I'l-ace 10 nuiiiijcr sliajj be reqiiiird to number the said Divifioiis, begiuninp at number 
 
 one ; and that the Court lo be held in each Division sIkiII be known by 
 
 the name and style of l!ie — The I'irst (or other, as the case may be,) 
 
 Division Court for the County of 
 
 Vir. And be it enacted, Tiiat the Judges of the Connly Courts of the 
 several Counties in Upper C;inada, shall preside over the Division 
 Couits within their respeciive Couiilics, ami no such Judge, shall, dur- 
 ing the con'.inuancu of his appoii.tineiit, be capable of being elected or 
 of sitting as a Member of the Legisialnre of this Province, or of practis- 
 ing as an Attorney, a Notary Public, or Solicitor or Counsel, in any of Her 
 Majesty's Courts of Law or Equity. 
 
 Vni. And be it enacted, That in ca.ie of the illness or unavoidable 
 in.',!!^1n'.^°;i;.n"M;; ab^eucG of the Judge of any such County Court, it shall be lawful foi the 
 proporiy Jud^e ot any County Court for any other County to hold the Court and to 
 
 act in the place of the Judge so absent and with the same powers, or 
 for such Judge to appoint some Uanister duly admitted as such lo act as 
 his deputy; and every person so aiii)ointeir sliall I'uring the time for 
 which he shall be so appointed, have all the powers and jnivi leges, and 
 be subject to ail the duties vested in or imposed by this Act or by Law on 
 the Judge by whom he shall have been so appoinlcnl as Judge of the 
 Division Court, and notice of every such appuuilnient shall be forthwith 
 sent by the Judge or Deputy Judge to tiie Governor of this Province, 
 and such notice shall specify the name, residence aiid profession of tlm 
 Deputy Judge, and the cause of his appointment ; and no such appoint- 
 ment shall be continued for more than one calendar mouth >vilhout a 
 renewal of the like notice, and it shall be lawful for the Governor to 
 annul any such appointment of which he shall disappiove: Provided 
 always, that whenever fiom illness of the Judge or Depiily Judge, or 
 from any casualty, it may happen that he shall not arrive'in time, Dr 
 shall not lie able to open any Court to be held under this Act on the day 
 appointed lor that purpose, it shall and may be lawful for the Clerk or 
 Deputy Clerk of such Court, after the hour of eight o'clock in the after- 
 noon of such day, to adjourn by proclamation any Court which shall bo 
 appouited to be opened on that day lo an earlier hour on ihe following 
 day, not being Sund.iy or a legal holiday, lo be by him named, and so 
 from diiy to day, ailjonining over any Sunday or holiday, until the 
 the Judire or Deputy Judge shall arrive to open iho same, "or until ho 
 shall receive other liircclion from such Judge or Depuly Judge. 
 
 IX. And bo it enarled, That for every Court holden under the aulho- 
 nly of this Act, there shall be a Clerk and one or more BaililTs ; and 
 Ihe Judgo of the County Conrl shall from time lo time appoint, and at 
 his pleasure remove, Iho Clerks and Bailiffs of the Courts holden by 
 
 Judfie, ill Cii>u of 
 
 qualiliotl. 
 
 rto»i#o : when 
 
 the Judgi.' sliiiil 
 not ariive in 
 flint; 10 open tlic 
 Oourtoiiaiiy daj . 
 
 Clerk (111(1 Haillflg 
 H) be npiioiiaerl. 
 
I 
 
 DIVISION C0URT3 ACT. 
 
 him: Provided always, that no person other than a subject of Her 
 Majesty shall be so appointeii : And provided also, that no practising 
 Barrister, Attorney or Solicitor ihali hereafter bo appointed to the Office 
 of Clerk of any Division Court. 
 
 X. And be it enacted, That it shall be lawful for the Clerk of any 
 such Division Court (with the approval of the Judge thereof,) to appoint 
 from lime to time, a Deputy to ac. for him in the odice of Clerk of the 
 Court at any time when he shall be prevented by illness or other una- 
 voidable accident from ai-tins; 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 privilegos, and be sub- 
 ject to the like duties as if ho were the Clerk of the Couit for the time 
 being; and the Clerk of the Court and his sureties shall be jointly and 
 severally responsible for all the acts. and omissions of his Deputy. 
 
 XL And be it enacted, That the Clerk or Deputy Clerk shall have 
 full power and authority to administer oatiis and take allidavils of service 
 of process, notices or other papers, and also of the execution of Cognovits, 
 and all other oaths required or authorizetl by this Act, in all suits, 
 actions and proceedings, commenced in his own or in any other Division 
 Court in Upper Canada. 
 
 XII. And be it enacted, Thnt th(3 Treanuer of every County shall be 
 the Receiver General of fees of the several Division Couits within his 
 County ; and every such Treasurer shall be paid a per centage of four 
 pounds, on every hundred pounds of ihe gross produce of the fees of the 
 Courts of which he is Receiver fn-neral ; and every Judge shall be paid 
 by a certain salary, the salary of a Judge being in no case more than 
 Five Hundreil Pounds, nor less than Two Hundred and Fifty Pounds ; 
 and the Clerk antl the Bailiffs of the Court, shall be paid by fees hereby 
 allowed to them; and the Governor in Council shall fix the remuneration 
 to be paid to the Judges, having due regard to the population and other 
 circumstances of the' several Counties and Divisions, and the rernune- 
 ration to be paid to the Judges may within the limits aforesaid be 
 increased, or diminished by-the said authority: Provided always, that 
 the salaries of the said Judges, as at present established, shall remain 
 the same, unless otherwise altered by law, or unless vacancies shall 
 occur. 
 
 XIII. And be it enacted. That the Clerk of each Division Court shall 
 issue all summonses and furnish copies thereof, with the notice thereon, 
 in the form given in the Schedule to this Act, annexed marked B, and 
 particulars of the Plaintiff's claim or demand and copy thereof, and of 
 the defendant's selt-olf, which copy of demand, narticulars or sett-ofT, 
 are to be furnished to the Clerk by the Plaintiff and Defendant, respec- 
 tively, and also shall issue ail warrants, precepts, and writs of execution, 
 ta.v costs, subject to the revision of the Judge, and register all orders 
 and judgments of the Court, and keep an account of all Court fees and 
 fines payable or paid into Court, and of ail suitor's money paid into and 
 out of Court, and shall enter an account of all such fees, fines and moneys 
 in a book to be kept bv him for that purpose, which book shall at all 
 times be accessible to 'the Judge of the said Division Court whose duty 
 it shall be to ^.isiiect and examine the same, quarterly, or oftener, and 
 to compare the .locounts hereinafter mentioned with the said book required 
 to be kept by the Clerk, 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 correct, he shall state his objections 
 thereto, and the Clerk shall thereupon forward the account with such 
 certificate to the Treasurer, and such book shall also be open to all 
 persons desirous of searching the same, and shall in addition from time 
 
 13 
 
 Clerk may 
 appoint n dcpulv 
 ill cngea of Ut- 
 nes8, Ilc. 
 
 Cleric, Ac, may 
 ailmniislcr oallia 
 of service of pro- 
 
 Treasurer to 
 receive nil fers ; 
 liis per centage. 
 
 Jmlge'B salary. 
 
 Clerk and Baitiflf* 
 liow paid. 
 
 Judges' salaries 
 how fixed. 
 
 Troviso. 
 
 CcrCnici duties 
 ossifiiied to Ihe 
 Clerits. 
 
 ^umuions, &r. 
 
 Accounts of ail 
 fees. 
 
 Book! to be open 
 to public. 
 
14 
 
 Proeeedlnfti in 
 ease of ueath or 
 removal of Olerk. 
 
 ProviM. 
 
 Penaltr on par- 
 tiei who shnll 
 wrongfully bold 
 paperi, <cc. 
 
 Duty of Bniliffs 
 M Peace Officeri. 
 
 Feei to be those 
 in the Schedule 
 A, or in any 
 Schedule of re- 
 duced fsea. 
 
 ■ow paid. 
 
 Proviso : as to 
 Bailiff neglecting 
 to return process. 
 
 DIVISION COURTS ACT. 
 
 to time, at such times as shall be directed and apjpointed by the Governor, 
 submit his said accounts to be audited or settled by the '1 reasurer of his 
 County; and all papers, procetsses, proceedings, accounts, moneys, 
 books and all matters whatsoever in the possession of the said Clerk by 
 virtue of or appertaining to his ofRce, shall upon his resignation, 
 removal or death, immediately become the property of the Treasurer 
 of the County in which the Division for which he was Clerk is situate, 
 who shall hold the same for the benefit of the public until the appoint- 
 ment of another Clerk to whom the same shall be respectively delivered 
 over by the said Treasurer: Provided always, that it shall not be lawful 
 for the said Treasurer so to deliver over the same until such Clerk and 
 his sureties shall have executed the covenant hereinafter mentioned: 
 And it is hereby declared, that any person or persons whosoever wrong- 
 fully holding or getting possession. of such papers, processes, proceed- 
 ings, accounts, moneys, books and matters aforesaid, or any of them, 
 shall be guilty of a misdemeanor, and that upon the declaration in 
 writing of the Judge presiding over the Division Court for the time being 
 in which such wrongful holding or getting possession as aforesaid shall 
 take place, that any person has obtained or holds such wrongful posses- 
 sion thereof as aforesaid, and upon the order of a Judge of any of Her 
 Majesty's Superior Courts of Law in Upper Canada, founded thereon, 
 such person may be arrested by the Sheriif of any County in which such 
 person shall be found, and be by him committed to the Common Gaol 
 of his County, thereto remain without bail or mainprize until one of 
 such Superior Conils or a Judge thereof shall be satisfied thai such per- 
 son has not and never had nor held any such matters or moneys he 
 may have been charged with wrongfully holding or obtaining, or that 
 he has fully accounted for the same or delivered up the same to such 
 Treasurer, or until he shall be otherwise discharged by due course of 
 Law, and the Bailiffs of the Court shall serve all summonses, and 
 execute all such orders, warrants, percepts and writs ; and each of such 
 Bailiffs shall also exercise the power and authority of a Constable and 
 Peace Officer during the actual holding of the Division Court of which 
 he is a Bailiff, with full power to prevent all breaches of the peace, 
 riots or disturbances within the Court Room or building wherever the 
 said Court is held, or in the public streets, squares, or other places 
 within the hearing of the said Court, and to arrest, with or without any 
 warrant, all parties engaged therein or offending against the meaning 
 of this clause, and to bring such offenders before the nearest Justice of 
 the Peace, or any other Judicial Officer having power to investigate the 
 matter or adjudicate thereupon. 
 
 XIV. And be it enacted, That there shall be payable on every pro- 
 ceeding in the Division Courts holden in pursuance of this Act, and to 
 the Clerks and Bailiffs of the Courts, such fees as are set down in the 
 Schedule to this Act annexed marked A. or which shall be set down in 
 any Schedule of reduced fees, under the power hereinafter given for 
 that purpose, and none other; and a table of such fees shall be hung 
 up in some conspicuous place in the offices of the several Clerks of 
 Division Courts; and the fees upon every proceeding shall be paid in 
 the first instance by the PlainlifT, or Defendant, on or before such pro- 
 ceeding, and the Ba-lifT's fees upon executions shall be paid to the 
 Clerk of the Court, at the time of the issue of the warrant of execution, 
 and shall be paid over by such Clerk to the Bailiff, up<m the return of 
 the warrant of execution, and not before : Provided always, that if the 
 Bailiff shall neglect to make a return within the time required by law, 
 of any summons, process or execution, he shall, for each such neglect, 
 forfeit his fees on such summons, process or execution, and all fees so 
 forfeited shall be held to Uavo been received by the Clerk of the Courij 
 
 j 
 
]' 
 
 DIVISION COURTS ACT. 
 
 and ahall be accounted for and paid over by him to the Treasurer of the 
 County, to form part of the General Fee Fund, in like manner as other 
 moneys received by him, and he shall keep a special account of all 
 moneys so forfeited by Bailiffs. 
 
 XV. And be it enacted, That the Clerk of each Division Court shall, 
 from lime to lime, and as often as he shall be required so to do by the 
 Treasurer of his County, and at least once in every three months, dehver 
 to him a full account in vrriting of the fees received in snch Court, 
 under the authority of this Act, or of any Act hereby repealed, and a 
 like account of all fines levied by the Court, (accounting for and deduct- 
 inc the reasonable expenses of levying the same, and any allowance 
 which the Judge may have made cut of any such fine, in pursuance of 
 the power hereinafter given,) and when required by 'he Judge shall 
 from time to time furnish him-a like account of the moneys pa.d into 
 and received out of the Court, by the Defendants and Plaintiffs in the 
 said Court, under any orders and decrees of the Court, or under process 
 of the Court, and of the balance then remaining in Court, belonging to 
 the Plaintiffs or Defendants in the Court, and the amount of such fees 
 payable to the Geneial Fee Fund, from time to time received by such 
 fclerk, shall be paid over from time to time to the Treasurer, (such pay- 
 ment being made, at least, once in every three months,) aadshail form 
 pSrof a fund, to be called the General Fee Fund of the Division Courts, 
 which fund shall be applied towards the payment of the salaries of the 
 Judges of such Courts': Provided always, that each of the accounts to 
 be rendered by the Clerk, as in this section required, shall bej^erified 
 by such Clerk on oath, before the said Judge or a Justice of the Peace. 
 XVI. And be it enacted. That the Treasurer of every County shall, 
 on or before the first day of July and the first day of January in every 
 year, render to the Inspector General of th.s Province a true account, m 
 writing, of all moneys received, and of all moneys d.sbu.sed by h.m on 
 account of the Division Courts holden under the authority of this Act 
 during the period comprised in such account, in tuch form, and with 
 BUchfarticSlars as the said Inspector General shall from time to tinne 
 requir^e ; and shall, within ten days after the rendering of every such 
 account pay over the amount of any surplus of such ees to the Receiver 
 Genera oHhis Province ; and if default shall be made in such payment 
 the amount dne by the said Treasurer shall be deemed a specialty debt 
 to Her Majesty. . 
 
 XVII. And be it enacted, That in case the amount of fees received 
 in the Division Courts in any County shall not be sufficient to repay the 
 Ssbursements required on account of such Courts during the period 
 cimFised in the said account, it shall be lawful for the Governor of 
 this Province icrt'r.wit.h to issue his warrant on the Receiver General of 
 Ih 8 Province, ir v -our of thu County Treasurer, for the amount which 
 shall be requ red to make up the defliciency, and the amount of such 
 warrant shiu be charged upon the Consolidated Revenue iund of this 
 Province. 
 
 XVIII And be it enacted, That the accounts to be kept by the seve- 
 ral Treasurers on account of !he said Courts shall be cTeomed public 
 accounts, and shall be inquired into and audited, and sha be within 
 Jny pmvislon of law now or hereafter to be in force for auditing public 
 accounts. 
 
 XIX. And be it enacted. That if any person having resigned or hav- 
 ing been removed from the ofHne of Treasurer, or of Clerk of a Division 
 Court shall neglect, after twenty-one days' notice to such person, to 
 wcount fo and%ay to the Treasurer of the County for the time being, 
 accouui lur »iiu i^ajr ,„--»;»« ihft namfi. all Buchsumi 
 
 u 
 
 Clerki to render 
 certain aeeoHDli 
 to (lie County 
 Treasureri. 
 
 And to pay over 
 inoneya to tfee 
 Tieaaurer. 
 
 Treasurer to ae- 
 countforandpay 
 over money* to 
 the Receiver 
 UenernI twice 
 every year. 
 
 Penalty for 
 default. 
 
 Provision if the 
 feoB be insuffi- 
 cient to meet tlie 
 disburBeineiiU. 
 
 
 , ahall appoint to receive the same, all such sums 
 
 Treasurers' ac- 
 counts to be 
 pablie account!. 
 
 Proceedings in 
 cnse any Trea- 
 surer or Clerk 
 resigning or re- 
 moved, Khali 
 refuietopayoTM 
 
16 
 
 moocyi in bit 
 band*. 
 
 Proceedings in 
 erne ortliu dentil 
 of any Treaaurer 
 or Clcrl< liiiving 
 moneys in iiin 
 banda. 
 
 flalntlff acting 
 a« Trenail rer lo 
 be prima facie 
 evidence of liiM 
 being «o. 
 
 Tri»nsurer», 
 Clerlia ami Bail- 
 iftd to give 
 ■ttcurity. 
 
 Porin of cove- 
 
 ■unnr. 
 
 DIVISION COURTS ACT. 
 
 as shall remain in his hands of moneys received under the authorily of 
 this Act, It shall be lawful for such Treasurer, for the time being, in 
 addition to any other proceeding in this Act contained, in his own pro- 
 per name only, or by nis name and description of office, to sue for and 
 recover the same from such person and his sureties with costs of suit, in 
 any Court of Record in this Province having cfjrnpelent jurisdiction, hj 
 action of debt ; in which action it shall be sufficient for such Treasurer 
 to declare as for money had and received to the use of such Treasurer 
 for the purposes of this Act ; and tfie Court in which (lie action shall bo 
 brought, may, at the instance of eilher of the parlifs, refer the account 
 in dispute in a summary manner, \o bo audited by any officer of the 
 Court or other fit peri^oii, who shall havo power to examine all parlies 
 interested in the subject matter upcm oath; and upon the report of the 
 referee, (unless eilher ol the parties siiall shew good cause lo the con- 
 trary,) the Court may make a rule either for the payment of such sum 
 as upon the report shall appear to bo due, or for staying the proceedings 
 in the action, and upon such terms and conditions as to the Court shall 
 appear reasonable ; or the Court tray order judgment to be enteied up 
 as by confession for such sum as upon the repoit shall uppear to be due. 
 XX. And be it enacted, That in case of the death of any person dur- 
 ing the time that he shall be ):olding the office of County Treasurer or 
 of Clerk of any Division Couri, or alter he shall have resigned or bu 
 removed from such office, the Treasurer for the time being, may, in 
 his own proper name, or by his iia no anil description of office, sue anil 
 recover from the executors or adm.strators of such person deceased, and 
 his sureties, all such sums as siiall have been remaining in his hands 
 of money receiveil under the authtrily of this Act, by an action of debt 
 in any Court of Record in this Prcinue having competent jurisdiction, 
 in which it shall be competent or tho plaintifT to declare that tho 
 deceased was indebted to the plaintiff for money had and received to 
 his use for the purposes of this Ait; whereby an action hath accrued 
 to the plaintiff, to demand and have the same from such executors or 
 administrators ; and a like action maybe brought against any executors 
 or administrators of executors or atlministratois ; and in all such actions 
 the defenilant or defendants may plead in like manner, and avail them- 
 selves of the like matters of defentse, as in any action founded on simple 
 contract of the original testator or intestate, and the Court may refer the 
 account in dispute lo be'audilcd by any officer or person, ami may pro- 
 ceed upon the repoit of such referee in like manner as in the case 
 mentioned in the next preceding s3ction. 
 
 XXI. And be enacted, That ill all actions to be brought, as well as 
 in all proceedings whatsoever to be instituted or carried on by any 
 Treasurer by virtue of this Act, proof of his acting in the execution of 
 the office of Treasurer shall be sufficient evidence of his holding such 
 office, unless the contrary shall bt shown in evidence by the deferrd- 
 ants in such actions or the parties against whom such proceedinf^s shall 
 he instituted or carried on. ° 
 
 XXII. And be it enacted, That the Treasurer of every County shall 
 give security for such sum, and n-ith so many sureties, and in such 
 riiannerand form as the Governor of this Province shall see reason to 
 direct, for the due performance of his olfice, and for the due payment 
 of all moneys received by him uriiier any provision of this Act, and 
 and that every Clerk and" Bailiff whoseduly it shall be to receive moneys 
 or who shall bo appointed under t.iis Act, shall give security for such 
 surn, and with so many sureties an the Judge for the Division Couit for 
 which they act shall see reason to direct, by entering into a covenant 
 under their hand and seal, joint and several, according to the form given 
 iri the Schedule lo this Act annexed marked C, or in words to the same 
 
in 
 
 and 
 
 DIVISION COURTS ACT. 
 
 effect, which covenant shall be arailable to, anil may be sued upon, by 
 any person sufiering <'lamacen by the defiiult, breach of duty, or miscon- 
 duct of such Clerks and Bailiffs respectively, in any Court of competent 
 jurisdiction in Upper Canada ; and every such Clerk or Bailiff appointed 
 before this Acl siiall come into effect, shall, immediately nfler it shall 
 come info effect, and before he fhall perform any duty after that time, 
 give security in the manner hereby required, but his so doing shall not in 
 any wise impair or affect any bond or recoani/anoo or covenant there- 
 tofore entered into by him, as such Clerk or Bailiff, but the yame shall 
 remain in full force as against him and liis sureties, as regards any thmg 
 done or omitted to be done by liim in breach of the conditions thereof, 
 before this Act shall come into eff.'ct: Proviiled always, fhat such cove- 
 nants shall not bo accepted until the sureties therein mentioned shall 
 have been approved of under the hand of such Judge, and declared suf- 
 ficient for the sums for wliieh they shall have respectively become bound 
 to such covenants, and which said covenants, toirethcr with such ap- 
 proval, shall, before any sucli Clerk or llailiffshall enter upon the duties 
 of his office under this Act, he filed in the office of the Cleik of the 
 Peace in the County in which the Division Court in respect of which such 
 covenants were given is situate, for which filing and granting a certi- 
 ficate thereof tho^said Clerk of the Peace shall be entitled to diunand and 
 receive from such Clerk or Biiilitrthosumof five shillings, and no more; 
 and if any person who shall liave become surety in any such covenant 
 shall die, become resident out of Upper Canada, or insolvent, such Clerk 
 and Bailiff sliall, within one month after being notified by such Judge 
 (whose duty it slial^e to notify the same) of such death, departure or 
 insolvency, "ivo nne^ the like security, and in liio same maimer as here- 
 inbefore provided, or forfeit his said office of Clerk or Bailiff under this 
 Acl: Provided alwavs, that nothing herein contained shall extend or be 
 construed lo extend to discharireor exonerate all or any of the parties to 
 such former covenants from tluiir liability on account of any matter or 
 thing wliich shall have been done or omitted before the renewal of the 
 covenant as herein directed : Ami provided also,that a copy of such co- 
 venant, certified by the Cl(>rk of the Peace, shall be received in all Courts 
 as sufficient evidence of the due execution and of the contents thereof 
 without any proof whatever ; And provided that such sureties shall be 
 freeholders and resident within the County in which the Court is held. 
 
 XXIII. And be it enacted, Tliat the the Judge of every such Division 
 Court shall havo power, jurisdiction and authority to hold plea of all 
 claims and demands whatsoever for or against any person or persons, 
 bodies corporate or otherwise, of debt, account, or breach of contract, 
 or covenant, or money demand, wliether payable in money or otherwise, 
 where the amount or brdanco claimed shall not exceed the sum of 
 twenty-five pounds, and in all torts to personal chattels, to and including 
 the amount of ten pounds, and the Judge of the said Court shall hear 
 and determine the same in a sniumary way ; and every such Judge 
 shall have power to make such order>>, jud^'ments and decrees thereupon 
 as shall appear to him to be just and agreeable to equity and good con- 
 science ; and that upon any contract for the pavment of a sum certain 
 in labour or in any kind of goods or commodities, or in any manner 
 otherwise than in money, that is to say, upon any contract for the deli- 
 very of goods or commodities, or the doinir of work or labour for value 
 received, or for or upon a past or executed consideration, it shall be 
 lawful for the Judge, after the day has passed on which the goods or 
 commodities ought to have been delivered, or the labour or other things 
 performed, to give judgment for the amount in money as if the contract 
 had been so originally expresses. : Provided always, that no action shall 
 bo brought or tried in any such Division Court for any gambling debt, 
 
 17 
 
 ricrlCBOr Bnilifla 
 liorctoforo ap- 
 pointed. 
 
 Proviso ! Bure- 
 tiea inii»t he 
 npproveiJ by 
 Judge. 
 
 If siirelieii ilie or 
 Iccoino iiisol- 
 veut, &c. 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 Jurisdiction of 
 Division Court*. 
 
 In torts. 
 
 Proceedings to bo 
 suiniii.iry. 
 
 As to certain 
 
 contracts. 
 
 ProvliO. 
 
18 
 
 rroviio. 
 
 Mode of com- 
 mencing 8iii(s in 
 Ui vision Courta. 
 
 Strviee of sum- 
 mons, notice,&c. 
 
 On whom to be 
 made. 
 
 Proviso. 
 
 At what Division 
 Court any suit 
 may be brought. 
 
 riaintiffmay not 
 divide liis cinini, 
 but may abandon 
 excess. 
 
 Proviso : as to 
 unsettled ac- 
 counts. 
 
 Minors may sue 
 l}r wages. 
 
 No person ex- 
 empt by privi- 
 lege. 
 
 Debts due by 
 more iiiaii one 
 person Jointly, 
 max i>e recovered 
 
 DIVISION COURTS ACT. 
 
 nor for any spirituous or malt liquors drunk in a tavern or ale-house, nor 
 for any cause involving the right or title to real estate or involving any 
 right to any custom or toll : Providetl also, that nothing contained in this 
 Act shall be construed to constitute and create the said Division Courts^ 
 Courts of Record. 
 
 XXIV. And be it enacted, That the Plaintiff in any suit brought in 
 any Division Court, shall enter a copy, and if necessary, copies of his 
 account or demand in writing, in detail, and the particulars of his de- 
 mand in any case of tort or trespass, which cliall be numbered according 
 to the order in which it shall be entered, and thereupon a summons^ 
 bearing the number of the account or demand on the margin 'hereof, 
 shall be issued which shall be in substance in the form of the Schedule 
 to this Act annexed, marked B, accon'ing to the nature of the demand 
 or claim for tort or trespass; and a copy of such summons, to which 
 shall be attached a copy of the Plaintiff's account, or of the particulars 
 of his demand, as the case may be, and the notice in the said Schedule 
 of such demand, or account, or claim for each tort or trespass, shall be 
 served on the Defendant ten 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 De- 
 fendant, or delivery thereof to his wife or servant, or any grown person 
 being an inmate of his dwelling-house or usual place of abode, trading 
 or dealing, shall be deemed a good service of such summons, account 
 or demand; Provided always, that personal service of such summons 
 on the debtor shall be neces-^ary in all" cases where the amount or 
 damages sued for exceed the sum of forty shillingl^ 
 
 XXV. And be it enacted. That all suits brought under this Act shall 
 be tried at the Court holden for the Division wherein the Defendant, or 
 where there shall be more than one Defendant, wherein any one of the 
 Defendants shall dwell or carry on his business at the time of entering 
 the account or demand, or at the Court holden for the Division within 
 which the debt was contracted, or the tort or trespass committed, unless 
 otherwise specially ordered by the Judge. 
 
 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 jurisdiciion of a Division Court, but any 
 Plaintiff having a cause of action above Twenty-five Pounds, in whicu 
 a suit might be brought under this Act, if the same were not above that 
 sum, whenever he shall claim or demand only the balance, or sum of 
 Tvvenly-five Pounds, may, on proving his case, recover to that amount 
 only: JProvided always, that no nnseitled account too. greater amount 
 than Fifty Pounds shall be sued for in any Division Court ; and the 
 judgment of the Court upon such suit shall be in full discharge of all 
 demands in respect of such cause of action, and the enlr) of judgment 
 shall be made accordingly. 
 
 XXVIf. And be it enacted. That it shall be lawful for any one under 
 the ase of twenty-one years to prosecute any suit in any Division Court 
 under this Act, for any sum of money not exceeding Twenty-five 
 Pounds which may be due to him or her for wages, in the same manner 
 as if he or she were of full age. 
 
 XXVIII. And be it enacted, That no privilege of any description 
 whatsoever shall be allowed to any person to exempt him from suing 
 and bein? sued in the said Division Courts upon any cause of action 
 within the jurisdiction of the said Courts. 
 
 XXIX. And be it enacted. That where any Plaintiff" shall have any 
 debtor demand recoverable under this Act, against two or more persons, 
 partners in trade, or otherwise jointly answerable, but residing ia dif* 
 
^ 
 
 , 
 
 4 
 
 DIVISION COURTS ACT. 
 
 ferent Divisions, or one or more of whom cannot be found, it shall be 
 sufficient, if any one or more of such persons be served with the process 
 at hereinbefore directed, and I he judgment may be obtained, and execu- 
 tion issued against such person, notwithstanding otheis jointly liable 
 may not have been served or sued, reserving always to the person 
 against whom execution may issue, any right w-hich he may have to 
 demand contribution from any other person, jointly liable with him: 
 Provided always, that whenever judgment is obtained against any per- 
 son, being partner of a firm, and the Judge shall certify that the demand 
 proved was strictly a partnership transaction, the Bailiff may Peize and 
 sell the property of such firm, as well as that of the Defendant or De- 
 fendants, who has or have been served, to satisfy such judgment, together 
 with all lawful coats and charges thereon. 
 
 XXX. And be it enacted, That the Judge of the County Court, or his 
 Deput", as aforesaid, shall be the sole Judge to determine all actions 
 brought in the said Division Courts, in the summary manner authorized 
 by this Act, and all matters and questions of fact relating thereto unless 
 the amount claimed shall in cases of tort or trespass exceed Two Pounds 
 Ten Shillings, in other cases where the same shall exceed Five Pounds 
 and where either of the parties shall require a jury to be surtimoned as 
 hejeafter mentioned. 
 
 XXXI. And be it enacted, That in any suit brought in any Division 
 Court for any debt or demand not exceeding the sum of Five Pounds, 
 the Judge, in his discretion, may receive the affidavit of any party or 
 witness in the saM 3uit, re^dent without the jurisdiction of the Judge 
 of such Court, as testimony in the cause, if such affidavit shall be made 
 and sworn to before a Judge of a Division Court, or a Commissioner for 
 taking affidavits in any of the Superior Courts in Upper Canada: Pro- 
 vided that the Judge, in his discretion, before he shall be required to 
 pronounce judgment, may require any such witness, or any party in a 
 cause, to answer any interrogatories that may be filed in the said cause, 
 which answers may in like manner be sworn to before any Judge or 
 Commissioner. 
 
 XXXII. And be it enacted, Tha^ in all actions of tort or trespass, 
 where the sum of money sought to be recovered shall exceed Two 
 Pounds Ten Shillings, and in all other cases where such sum shall 
 exceed Five Pounds, it shall be '.awful for the plaintiff or defendant to 
 require a Jury to be summoned to try the said action, and in any such 
 case a Jury shall be summoned according to the provisions hereinafter 
 contained to try such action: Provided always, that if the plaintiff 
 require a Jury to bo summoned, he shall give notice in writing to the 
 Clerk of the Court at the time when he shall enter his account, demand 
 or claim as aforesaid, and if the defendant shall require a Jury to be 
 summoned, he shall give to the said Clerk, or leave at the office of the 
 said Clerk, the like notice in writing within five days after the day of 
 service of the summons on the said defendant. 
 
 XXXIir. And be it enacted. That every party plaintiff or defendant, 
 requiring any jury to ^^^ summoned, shall, at the time of giving the 
 notice iTereb'y r.quire id before he shall be entitled to have suoh 
 jury summoned, pay to tne Clerk of the said Court such sum of money 
 as is set down in the Schedule of Fees for the time being, for or towards 
 the payment of the expenses of the said jury. 
 
 XXXIV. 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 " 1 he Judge's List " and " The Jur>; Lift, 
 
 19 
 
 from one, laving 
 hia recourie. 
 
 ProviKO : nd to 
 |iartiieriiliii>i. 
 
 Juiliic to decide 
 nioiieupio a cei- 
 tniii aiDOuni. 
 
 In suits not ez- 
 ccedliig XS, 
 Judge nisy re- 
 ci'ire nifidavili 
 of pnrtlci wilh- 
 oui Iii8 jurisdic- 
 tion. 
 
 Proviso. 
 
 Jury nllowed In 
 ciises over a cer- 
 tain amount. 
 
 Proviso : notice 
 10 he given to 
 ttic Cleric. 
 
 Sum to t)e paid 
 on demanding ft 
 jury. 
 
 "Judge's List" 
 and "Jury List " 
 to Ijc Itept. 
 
 anu the 
 
 caaws shall be set down in such lists in the order in which they were 
 
 
20 
 
 Who ihalt be Ju 
 
 rorn .It LllVl^iuU 
 CuurU. 
 
 W(.:it .fiirnri 
 uliiill •>' Tvr tor 
 eacJi Diviaioii. 
 
 Colleclom to fur- 
 nish Clerks Willi 
 lislx of pcrdiins 
 liable Ut sctve. 
 
 Moileof mitn- 
 uioiiiiiyJurors. 
 
 Proviso : as lo 
 risht of clial- 
 lengc. 
 
 Ponallyon Ju- 
 rors s'liiiiiioiipii 
 nil. I iiotaueml- 
 
 Ilow onforced. 
 
 Provino : such 
 service not (o ex- 
 eiiipi tVoiii ser- 
 vice i;i ceriaiii • 
 Courts. 
 
 Payment of Ju- 
 rors. 
 
 Five Jurors to be 
 ■worn. 
 
 Verdict must be 
 nnanimous. 
 
 Case where the 
 Jury c.innot 
 a«rec, provided 
 fur. 
 
 DIVISION COURTS ACT. 
 
 onlered in tho first instanco with llie Clerk of tlio Division Court ; and 
 "Tho Jury List " sliall bo /iist disposed of, and then *' Tiio Judfro'a 
 Lidi;" e.vcopt when llio Judgo shall suo fuliicioul ciiuso for proceedinu 
 di/rerciitly, 
 
 XXXV. And bo it oiiaefeii, Tlnit all malo persons being subjects of 
 Ilor Majesty by birth or natoriilizulioii ubovo the n;L!;o ot' twenty-one 
 years, and not abovo tho ayo of sixty years assesneil upon the Collect- 
 or's Roll and resident in tho several divisions lespeiMively, shall be 
 jurors for ilio Division Courl.s in suoh Divisions, and tho jurors to bo 
 summoned tosoive at any Oivisioii Court shall ho lakun from the Col- 
 lector's UoJI.^ of the precediii'jr year, for tho Townships and placcB 
 wholly or partly within tho Division, and shall be summoned in rotation 
 boginiiing wilh llio (irst of such persons on suc-h Roll ; and if there bo 
 more than one snoh Township or place wiihin lliu Division be'Tiniunff 
 with the Roll for that within whi.di the Court is heUI, and then proceed- 
 in? to that one ol liio olhor Rolls which hhall contain tho i,Meatc8t number 
 of such persons iiamus, and so on until all tho Rolls ho fjone through: 
 alter which, if necessary, they may be aM;ain none ihrou^h wholly or 
 part y in tlie samo order, and so on to lolics quotivn ; and for the purposes 
 ot this section, it .shall bo the duty of the Collector for each place 
 wholly or partly witliin any division, lo furnish the Clerk of tho Division 
 Court thereof with correct lists of tho names of all persons liable' to 
 servo as jurors at .such Court in tho outer in which they stantl upon tho 
 Jiolls, and tho Clerk of each Division Court shall cause not less than 
 filteeii of the persons liable lo servo as aforesaid lo be summoned at 
 each Session of tho Cotirt, (giving them at least three days' notice.) to 
 attend tho Couit at tho tune and place to bo mentioned in iho summon.s 
 servin;,' such notice per.sonally, or leaving' it with a grown-up person at 
 tho residence of tho jinor; Provided always, that either of the parlies 
 to any such cau.se shall be entitled to his lawful chulleii"o a-rahist any 
 of tho said juiy in like manner as he would in any other Court; and 
 any juryman who, after being duly summoned for that purpose as afore- 
 eai( , shall wilfully neglect or refuse to attend the Court in obedience to 
 such summons shall bo liable to a fine not exceeding twenty shillinn-s, 
 to bo set on him by iho Judge, whUdi fine shall bo levied and collected 
 with c.-,sts, as other hues are hereinafter directed to be levied and col- 
 lects. , and shall form part of Iho general fee fund ; and such fine may 
 be jvied by the same process as any delt or judgment recovered in the 
 sau Court: Provided always, that service as juror at any Division Court 
 shall not exempt such juror fiom serving as juror in any of the i,uperior 
 Courts ol civil or criminal jurisdiction or in any County Court, under 
 any law now in force or to bo passed during this present Session of 
 Parliament respecting jurons. 
 
 ^,^?^^7{" 'K"''. ^"^ '* «"'i^"^^'J. That each juror .shall receive from the 
 Clerk ol the Division Court, out of tiie moneys to be deposited with him 
 lor that ]Hirpo.se, tho sum of eix pence, for every cause in which such 
 Juror shall be sworn. 
 
 XXXVir. And be it enacted. That from time to time, as occasion 
 shall require, five Jurors shall bo empannellod and sworn to do justice 
 between the parties whose can.se thev shall be retpiired to try, accordin«» 
 to the best of their skill and ability, and to give a true verdict accord^ 
 ing to tho evidence, and each cause shall be'decided by the unaniraoua 
 verdict of any such Jury, and no other finding shall be received. 
 
 XXXVUI. Aijd be it enacted. That whenever the Judge holding any 
 Division Court shall be satisfied that a Jury sworn in anv cauan Hflfnp« 
 huu cannot agree upon their verdict alter having been out a reasonable 
 time, ho may thscharge them, and shall then adjourn the cause until 
 
 * 
 
 
and 
 
 
 
 Vow JililK>»'»i 
 
 Ullllll I'C piu- 
 IIUUIH'L'll, 
 
 DIVISION COURTS ACT. 
 
 the next Court ami order tho Clork lo summon n now Jury for llie noxt 
 •tttiiig of the Couit to bu held in thut Division, unless the purlii's f^hnll 
 have consented that tho JndjLie may roiiik-r jml-zment cm llio ovidonce 
 already taken buloro him, in which case he is hereby authorized to givo 
 judgment accordingly. 
 
 XXXIX. And be it enacted, That every decision of iho Judpc, in any 
 case heard biforo hinr», shall bn openly pronouncwd in Court as soon as 
 may bo after the hearing thereof, save niul except that in any case \\ hero Kxccinloii. 
 Iho Judge may not bo prepared lo i)inni)inie(! a decision iiislaiiter, ho 
 may postpone jiid^monl and name a subsfcinent day and hour lor tho 
 delivery ihen-of at llio Clerk's Olliee in wrilinj:; and al snch day and 
 hour it shall be lawful for the Clerk lo read the ju(ly;rnent to ihe parlies 
 or their agenis if present, and if not, then to enter Ihe said judgment in 
 theii absence, antl such judgment sliall be as effeetual as if rendered in 
 Court at the liial. 
 
 XL. And be it enacted, Tlmt oveiy summons and writ of exeeulion 
 issued by a Clerk of any IJivision Court shall be entirely filled up, 
 and shall have no blank eilher in Ihe date or ollierwise at the time of 
 its delivery to a IlailiHur any oilier person, lo be execulrd. 
 
 XLf. And be it enacted. That <>ii die day natruMl in iho summons, 
 the Plaintiff shall appear in the Division Court in prrson, or by soirio 
 person in his behalf, to answer; and on answer being made in Court, 
 Ihe Judge sliall proceed in a snuirnai y way lo try llm cause and givo 
 judgment without further pleading or iurnial joinder of issue. 
 
 XLII. An<l be it enacted, That no evidence sliall be {livcn by the 
 Plaintiff or Defendant on the trial of any such cause as afmesaid, of any 
 cause of action, claim or sett-oil", except such as shall be slated and 
 contained in the demand, claim, account or sell-off, entered as herein- 
 before diiecletl. 
 
 XLIir. And be it enacted, That any defendant may avail liimsclfof 
 the law of sett-dlf and ihe Stalule of Liniilati(5ns, and of nnyolber relief 
 or discharge under any statute or law in Uj^per Canada; and if tlie De- 
 fendant's demand evceed that of the I'iainliff, the Court may ncn-snit 
 the Piaintifl'; or if the DefendanTs demand, after remitting any poriioiT 
 of it tie may please, do not exceed Twenty-five Pounds, the Court may 
 give judament for •the Defendant for the balance foiuid in his favour.: 
 Provided always, thai no slatnlory defence sh ill be admilliMl, unless 
 notice thereof in v,-riling and a copy of such debt or demand by way of 
 Belt-off, shall have been delivered to the Plaintiff, or left at Jiis usual 
 plfice of abode, if within Ihe Division, or if living without the Division, 
 to the Clerk of the said Court, at least six days before the trial or hear- 
 ing: And provided also, that whenever any judgment shall be given in 
 atiy' case where a sell-off is set up, the judameut of the Court on such 
 nett-oir, shall be a fidl disoharirc;, as well of the amount allowed to be 
 sell-off as the amount by which such claim of tho Defendant exceeded 
 Twenty-five Pounds, and sneh judgment shall be so entered .nccordingly. 
 
 XLIV. Ai.d be it enacted, That the Judge of the County Court shall 
 have power from lime lo lime to make general rules for regulating tho 
 practice and proecedina-s of the said Division Courts, and also to frame 
 forms for every proceeding in the said Coiiris for which he shall think 
 it necessary that a form be provided, and from time lo time to alter any 
 such form, and also lo aller all or any of ihe forms given in the S<die- 
 dule of this Act: Provided always, that such rules and forms so made, 
 framed or altered, shall not be brought into use until the same shall 
 liave been submitltd lo and approved by the Chief Justice tIikI Judges 
 of the Court of Qureirs Bench or Court of Common I'leas, for that part 
 of tiiid Province called Upper Canada, or any two of them : Provided 
 
 21 
 
 No V. rll <if imia- 
 liiuiiN or t'lcru- 
 lii ri lo iiiiva 
 uny liluiiki 
 
 rrorp(>iliiip[»«m 
 <l;iV 01 ni'iioar- • 
 
 HIICC. 
 
 riiiifc of nrOon 
 lu lie pruvc'il uK 
 KlalCil. 
 
 DcOMiJniii nny 
 
 pltilll fCll-Ull'. 
 
 I'rriviso : ni> to 
 Ht.-iiiiiory (!•- 
 (Liice, f ' 
 
 Troviso. 
 
 JuilBinenlonecH- 
 olVio lic a dib- 
 c I large. 
 
 Judge to mn\tt 
 rulu8 of practice. 
 
 Proviso : riilee to 
 be njiproved. 
 
a2 
 
 Provlio t M to 
 ciiiting rulei. 
 
 Prorrpdlnifi it 
 dercniliiht iliiill 
 iiinkc (lelauli. 
 
 Froviio. 
 
 Df-fpnilnnt mr»y 
 pny money into 
 Court. 
 
 How the money 
 •linll be dealt 
 wiUi. 
 
 DIVISION COURTS ACT. 
 
 always, that nil rules aii<l forms alrcndy legally mado, approved and in 
 force shall, as far as applicable, rurnain in force, until it ia otherwiM 
 ordered. 
 
 XFiV. And bo it onaoted, Tlint if on the day named in the snmmorn 
 the Defundiuii ^liaii not appear iii* albrttsaul, or sufficiently excuse hifi 
 absence, or sfiall neglect lo answer, the Judge, on proof of clue sorvioe 
 of the summons and copy of the I'lainlilf's account, claim or d( nand, 
 may proceed to the hearing or trial of the cause on the part of iho i'luin- 
 tiff only, and the order, verdict or judgment thereupon which shall be 
 given, made or rendered after hearing the evidence to be adduced on 
 the part of the Plaintill, shall bo final and absolute, and as valid as if 
 both parties had attended ; an<l in case of the personal service of the 
 summons, and dtitailed particulars of the Plainliff's claim, except in 
 actions of tort or trespass, the Judge may, in his discretion, give judg- 
 ment without further proof: I'roviiled always, that the Judge may make 
 any order for granliug any time lo the Plaintifl'or Defendant to proceed 
 in the prosecution or defeiicu of iho suit. 
 
 XLVI. And be it enacled. That it shall be lawful for the Defendant 
 in any action brought under the provisions of this Act, at any time not 
 less than six diys oofore the day appointed for the trial thereof, to pay 
 into Court such sum of money a;, ho shall think a full satisfaction for 
 the demand of the Plaintiff, togother with the costs incurred by the 
 Plaintiff up lo the time of such payment ; and notice of such payment 
 shall be forthwith communicated by the Cleik of the said Court to the 
 PlaintifT by post, (on receiving the necessary postage,) or by sending 
 his usual place of abode or business, and the said sum of 
 
 f rovlso : if ttie 
 liliilntitr recover 
 no greater num. 
 
 the same to 1 
 
 money shall be paid to the PlaintifT, and all proceedings in the said 
 action shall be strayed, unless the Plaiutilf shall, within three days after 
 the receipt of notice of such payment, signify to the Clerk of the said 
 Court his intention to proceed for the remainder of the demand claimed, 
 and in such case the action shall proceed as if it had been brought 
 originally for such remainder only : Provided always, that if the Plaintiff 
 shall recover no further sum in the action than such sum as shall have 
 been paid into Court, under the provision h^Tt inboi'ore contained the 
 Plaintiff shall pay tu the Defendant all co»;t.' , 'barges and vf.'nses 
 Incurred by him in the said action after 'vh ;iiyir>t,it as aforesaid, and 
 such costs, charges and expenses shall be settled by the Court and 
 shall be recovered by the Defendant by such ways and means as any 
 sum ordered to be paid by the Court can be recovered. 
 
 XLVII. And be it enacted. That every person who in any examina- 
 tion, shall wilfully or corruptly give false evidence, or shall wilfully 
 swear (or affirm, when by law affirmation is allowed,) falsely in any 
 7t>.itler where an oath, affirmation, or alTidavil in writing is required and 
 alioweJ in this Act, shall be liaLle lo the penalties of wilful and corrupt 
 perjury. 
 
 XLVIII. And be it enacted, That either of the parties lo the suit 
 may obtain from the Clerk of any Division Court a summons requiring 
 the attendance of a witness resident within the County or served with 
 the subpoena therein with or without a clause requiring the production 
 of books, papers and writings in his possession or control ; and in any 
 such summons any number of names may be inserted, and service of a 
 copy of any such summons by any literate person shall bo as valid and 
 efTectual as if the same had been served by a BailifT of the Court in 
 Proof of gerviee. which the suit is pending, and proof of the due service thereof, together 
 with the lender of payment of expenses, may be received by the several 
 Judges of the said Courts by written affidavits sworn before anv Jr,d~s 
 of a Division Court or before any person authorized by law to take a^» 
 
 TalBC swearing 
 to be perjury. 
 
 Partlci nny 
 obtain iubpana$ 
 for witiiesgug. 
 
 By tvliom to lie 
 KTved. 
 
DIVISION COURTS ACT. 
 
 2$ 
 
 Penally on wll- 
 
 liciica not 
 atieiidliiii ) 
 
 Or rcniilng to b« 
 iwurii, &,c. 
 
 Provlio ! (11 10 
 wilii>'i*i'ft out of 
 JiiriHiliciioii uf 
 Cuurt. 
 
 davits in Iho Superior Courts in Upper (winuila: nnd overy pernon on 
 whom any «uch copy of nuinmonn sliull havu l)oon sorvoil, eitiior per- 
 sonally or at tiis or her usual place of abode, and to whom at the same 
 time a toiulor of piiyment of his or her expoiisos shall have been made 
 on such scale of allowance as has been heretofore or shall from lime to 
 lime bo sellled by iho Jud^e, and approved of by the Jnd^rea of tho 
 Couit of Queen's Bench or Court of (orntnon Fleas as aforesaid, and 
 who shall refuse or neglect wiihout sullicient cause to appear or to pro- 
 duce any books, papers or writinj^s reijuirod by such summons to bo 
 produced, ami also evi'ry person in Court called upon to ^ive evidence, 
 who shall refuse to be sworn or allirm where aflirmation is by law 
 allowed and j^ive evidence, shall forfeit any pay such (inn not exceed- 
 ing two pounds, as the Judf^e t*liiill set on him or her, and shall more- 
 over bo liable to imprisonment by verbal or wrillen order of such Judge 
 for any time not exceeding ton days ; and such fine shall be levied and How IcvM, fce. 
 collected with costs in the same manner as linos imposed on Jurymen for 
 non-attendance, and the whole or any part of such Hno, in the discretion 
 of tho Judge, after dcducling ihe costs, shall bo applicable towards 
 indemnifying tho parly injured by such refusal or tiegleci, and tho 
 remainder thereof shall form part of Ihe (Jcncrnl Fee Fund before men- 
 tioned ; Provided always, that cilher pnrly may obtain from either of 
 Ihe Superior Courts of Common Law for Upper Canada, a subpa'iia 
 requiring the attendance of a witness residing: or served wiih audi sub- 
 pcDna in any part of Upper Canada, at the Division Court, and at tho 
 time mentioned in snch subpirna, which such witness shall obey, pro- 
 vided the allowance for his expenses shall, at the lime of service, bo 
 tendered to him according to the scale settled in tho said Superior 
 Courts. 
 
 XLIX. And be it enacted. That the Clerk of each Division Court 
 shall cause a note of all summonses, and of all orders, and of all judg- 
 ments and executions and returns thereto, to bo fairly entered from time 
 to time in a book which shall be kept in his office ; and the Clerk shall 
 sign his name on every page of such book ; and such entries in the said 
 book Bo signed, or a copy thereof purporting to be signed and certified 
 asTi true copy by such Clerk, shall at all times bo adiiiittcd in all Courts 
 and places whatsoever as evidence of such entry or eiitrien, and of tho 
 prooeeding-t referred to by such entry or entries, without uny further 
 proof. 
 
 L. And be it enacted, Tliat the Judge may make orders concerning 
 the time or times, and the proportions in which any sum and costs 
 recovered by judgment of the said Court shall be paid, at the request of 
 the party entitled to the same, may order such sums to be paid into the 
 Conrt: Provided always, that in any such order for time, reference shall ProvUo. 
 be had to the day on which the summons was served on the Defendant, 
 and issuing of execution shall not be postponed without Iho consent of 
 the party entitled to the same for a longer period than filty days from 
 the service of the summons. 
 
 LI. And be it enacted, That if there be cross-judgments between the 
 parties, execution shall be taken out by the parly only who shall have 
 obtained judgment for tho larger sum, and for so niuch only as shall 
 remain after deducting the smaller sum, and satisfaction for the remain- 
 der shall be entered as well as satisfaction on the judgment for the 
 smaller sum ; and if both sums shall be equal, satisfaction shall be 
 entered upon both judgments. 
 
 LII. And be it enacted, That in any suit brousht in any Court for the 
 recovery of any sum awarded by any judgment in a Division Court held 
 
 C'lorK to enter «ll 
 procvrdliigi. 
 
 Jtulge may iront 
 dcluy to dcr««- 
 (lant. 
 
 rrocecdltiRH 
 when tliere ar« 
 cross judginciiM. 
 
 No suit on a 
 Divliioii Court. 
 
 ,'f; 
 
24 
 
 in 
 
 \ I 
 
 K((;ci>tion )iow 
 ^'r,iiil(-(I iiiiil 
 e I orccil. 
 
 The RiiilifTor 
 Clerk may 
 receive a coii- 
 
 fftiliiOll of (ll'ljl. 
 
 .Iiiilgtnenl miy 
 be entered llie.e 
 on. 
 
 Exeriiilon imy 
 i^Kiie ill iiiiot iiT 
 
 fl('!('ii'i;iiitlia- TL- 
 riiovc'l to siirl. 
 other Cojniy. 
 
 Proviso : if party 
 pnytliojii'I'jiiiuiit 
 and cutM. 
 
 Execution in be 
 dated, and ro- 
 tiirnalile vviiliiii 
 thirty days. 
 
 Execution 
 against lands on 
 return of jiuUa 
 bona— 
 
 How obtained— 
 
 DIVISIOr COURTS ACT. 
 
 uritler this Art, no couls shall be recoverable without the order of tbs 
 Jntlgc, on sii/7iciLMit cause being shewn. 
 
 fJH. And he it enacted, Tliat whenever the Juilge of any Division 
 Court sha'l tnake an order i'ur the pujtiit;iit ef money, it fihall be lawful 
 for the party in whose faviirsnch order shall be made, in case of default 
 or failure of payment thereof at the timec and in the manner thereby 
 directed, to i.ue out execution agiiinst the goods imd cdiatleis of the party 
 5i!>ainst whom sutdi (dder shall be 'nade ; and thereupon the Cleik of 
 tilt! Court, ai the irqiieyt of the party prof ;;cuti!ig puch order for the pny- 
 rneiit of money, shall issue under Ihe .seal of ihe Court a precept in tiie 
 nature of J'uri facias Ic one of iJie Uailifi's of the Court, who by viiiuo of 
 such precept siiail levy by disliess and sale of the goods and chalte.s 
 of such paiiy, being within the County within wiiieh the said Court was 
 lu'lden, such sum of money and costs (toselher with interest thereon 
 iiom Ihe dale of the eiitiy of ihe judgment) as sh.dl be so ordered, and 
 p;ist tlue, and shall pay the same over to the said Cloilc. 
 
 LIV. And be it enactrd, Thai it shall and mav be lawful for any 
 Baiiiffor Clerk of the said Courts to accept and lidce a confession or 
 acknowledgmeiil of debt fiom any delitor or di'b;ors desirous of executing 
 the same before any suit comtneneed fir the c'aim or demand, or from 
 the defendant in any suit lieieafier lo be brought in any Division Court 
 wlio mayjie desirous of making the same, and such conies.-. ion or ao- 
 kno'.vledg'nienl shall be in writing and wiliies.«ed by the Dailiffor Clerk 
 at the time of the taking lliereof; and upon Ihe jMdducliun (,f such cori- 
 fes.si'.m or acknowhidoiu.'iit to ihe Judge, audits beini/ proved by lire 
 oatii of ihe said lliililfor CKu-k, jndgnent may be entered thereon ; and 
 such oath or alfrhtvit >hail stale that the parly making il has not receivetl 
 ami is no! lo reeeiv,. any t!nii<r from the pliiintiii or derendant, or any 
 otiicr per.«on, e.xcept his lawful fees, for lakluG such acknowied'gmeul, 
 and ilial ho has no interest in the (h.-itiand sought to bo recoveieih 
 
 LV. And be il enacted, Tiiat if any peison aiiain.st whom n judfrmeiil 
 shrill or may have been enleied np in any Division Conn in any County 
 in Upi)erCana,la,,sliall iem:ive loanollier Counly therein wiihotil satisfy- 
 ing the said jadmneni, it shall be lawful for the Jtidue of the Division 
 Conn of the Counly to whicli the .said parly has removed to order an 
 e.xecution for llie debt ami cosis, for which judgment has been rendered 
 in anotiier Counly ay.iin.-t such parly, lo i.i;-ne ngainsl such party, upon 
 the production oi a copy of such jncigmen! dn!v certified by the Judo-o of 
 the Counly for whi(di the jn iLrment has been eniered ; I'lovided alwavi? 
 that if the party nguiist wluim such execulion shall be awarded, shall' 
 before an actual sale of tli,; n-oods tmd chattels, pay or cause to be paid 
 or tendered mito ihe Clerk or Il.iiliH of the Divi.-ion Court out of which 
 such execulion has isMir'd, such sum of money as Jifuresaid. or such 
 part thereof as the said PlaintilF shall agice to accept in full of his debt 
 together with the fees lo be levied, the execulion shall be superseded' 
 and the goods shall be released and restored to the sai 1 paity. ' 
 
 LVI. And be il enacled, That every writ of execulion i.ssncd by the 
 Clerk of any D' vision Court shall be dated on the dav when it shall 
 actually issue, and shall be returnable within thirty days from the data 
 thereof. 
 
 LVII. And where.as it is expedient that judi'ments ovcecdlnT ten 
 pounds ill the said Courts shall in certain case.s^afreef lands, ancrihat " 
 execution should ks.nie in certain eases acainst lands on '• -Ivmeiits ob- 
 tained in any Division Couil, 15e it enacted, That whenever" juuTment 
 IS rendered in favour of any I'lainliffor Defendant in any Division "Court 
 under this or any former Act hereby repealed, and any execution therein 
 issued Bhall or may have been reliirned nvUa hona, it ehall be lawful for 
 
 
DIVISION COURTS ACT, 
 
 such plaintiff or ilpfendanl to obtain a transcript of such judgment from 
 the Clerk of such Court, under his hand and sealed with \he seal of the 
 said Court, which transcript shall set forth the prcceedines in the cause, 
 the dale of issuiiij? execution against the Defendant's or Plaintiff's goods 
 and chattels, and the Uailiff'a return of nulla bona thereon, as to the 
 whole or a part, and upon filing such transcript in the Office of the Clerk 
 of the County Court in ih. County where such judgment shall have been 
 obtained, or inthe County wherein the Defendunl'sor Plaintiff's lands are 
 situate, the sameshaM become and is hereby declared to be a judgment 
 of tho said County Court, and the said Clerk of the County Court is 
 hereby required to file the said transcript of Judgment on the day of the 
 month on which ho receives the same, and to enter a memorandum 
 thereof in a book to be by him provided for that purpose, which memo- 
 randum shall contain the names of the Plaintiff and Defendant, the 
 amount of tlia judgment, the amount remaining unsatisfied iheieon, and 
 the date of fyling, for which services the said Clerk of the County 
 Court sliail be entitled to demand and receive from the person filing 
 the same the sum of two shillings and six pence, and no more ; and 
 Buch book shall at all reasonable hours be accessible to any person de- 
 sirous of examining the same, upon the payment to the said Cleik of 
 six pence, and upon such filing and entry as aforesaid, the Plaintiff or 
 Defendant shall . until the judgnient is fully paid and satisfied, be entitled 
 to pursue the saine remedy for the recovery of the same r- the balance 
 due thereon, as if the judgment had been origir.ally obtained from the 
 County Court: Provided always, that no person shall be entitled to file 
 a Iransc-ipt of any such judgment in any County Court, unless the sum 
 remaining unsatlfied on such judgment, and on the execution to be 
 issued thereon, shail amount to the sum of ten pounds. 
 
 LVIIF. And be it enacted, That it shall be lawful for any party ob- 
 tauiing judgment in any Division Court exceeding ten pounds at any 
 lime after fourteen days from the day of giving judgment, to obtain a 
 certificate of any such judgment from the Clerk of such Division Court, 
 in the form used in the Superior Courts as near as ciicumslances will 
 permit, which certificate shall on the reqne.-t of ihe party obtaining the 
 same be registered in the same manner, and on payment of the same 
 fees to the Register as are paid upon certificates of the judgments of 
 the Superior Courts, and on such registry r.hall bind lands to the same 
 extent as ihey would have been bound had the judgment been rendered 
 in any of the Superior Courts. 
 
 J^IX. And be it enacted, That If any Bailiff shall neglect to return 
 any writ of execution within three days after the return day thereof, or 
 shall make a false return thereto, tlio party having sued out such writ 
 may maintain an action on the covenant afevesaid against such Bailiff 
 and his sureties in any Court having competent juiisdiction in Upper 
 Canada aforesaid, and shall recover therein the amount for which the 
 execution issued, with interest from the date of the judgment upon 
 which such executiori was issued, or such less sum as in the discretion 
 of the Judge or Jury tho Plaintiff under the circumstances may be justly 
 entitled to recover; an.', if a judgment be obtained in such suit against the 
 Bailiff and his sureties, execution shall immediately issue thereon; 
 any thing in this Act, or in any other Act or law to the contrary not- 
 withstanding ; and in case of the departure or iromoval from the 'imits 
 of the County, of such Hailitf, the action may be commenced and car- 
 ried on agaiufct his sureties alone, or against any one or more of them. 
 
 LX. And be it enacted, That no sale of any goods which shall be 
 taken in execution shall be had until after the end of eight days at leasj, 
 nexJioUowing the day on which such goods shall have been so taken, 
 
 2& 
 
 From CouiDjr 
 Courts. 
 
 Duty of Cleric of 
 County Court- 
 
 Proviso. 
 
 Certifieatcg of 
 judguirnt may ba 
 ohtniiicd and re- 
 RisttTol againit 
 laniiii. 
 
 Penally on liail- 
 iir ncgk-cting to 
 ninkc a return or 
 wilfully making 
 a .'also return. 
 
 How enforced. 
 
 At wlint time 
 goodB etiall l)n 
 Bold after fcizurs 
 in execution, &s. 
 
■! 
 
 26 
 
 DIVISION COURTS ACT. 
 
 Kotice of Bale. 
 
 NoRnilifT, &c.,to 
 IHireiiaae at Buch 
 ■ale. 
 
 Ill what Court a 
 <Merk orBnililf 
 may aue and be 
 ■ued. 
 
 In certain eaves 
 me Judge mny 
 
 unless upon the request in writing, under the hand of the partj- whose 
 goods shall have been taken ; and the Bailiff, after taking goods and 
 chattels into his custody by virtue of a writ of execution, shall indorse 
 thereon the date of the seizure ; and shall iinmedialely give public no- 
 tice by advertisement signed by him.eeif, and put up at three of the 
 most publi<; places in the Division, where such goods and chattels 
 shall be taken, of the lime and place within such Division when and 
 •where they will be exposed to sale; which notice shall describe the 
 goods and chattels taken, and shall be so put up at least eight days be- 
 fore the time appointed for the sale. 
 
 LXf. And be it enacted, That no lliiliff or other oflicer of any Divi- 
 sion Court, shall, directly or indirectly, piircliase any goods or clialtels 
 at any sale made by him under execution, and every purchase made 
 in contravention of this enactment shall be absolutely void. 
 
 LXII, And be it enacted, That when any Cleik or Ikiiiiff of any 
 Division Court, either by himself or Jointly with any other person or 
 persons, is liable to be sued, or may sue any oiher person or persons, 
 for a debt or demand within the jurisdiction of the Division Court of 
 which he shall be a Clerk or Bailiff, then anti in every such 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 oilier peisoii or peisons, in 
 the Court of any next adjoiniiig Divisionin liie same County, in the 
 same manner, to all intents and purposes, as if the cause of action for 
 which any such suit shall be brouirht, had arisen within such next 
 adjoining Divi.sion, or the defendant or defendants were resident therein. 
 
 ^ , . LXIII. And be it enacted, That it shall and may be lawful for the 
 
 ordcf immediate judge of the saiii Court, at any time after the giving and recording of 
 ciecution. any judgment, upon application being made to him by the party in 
 
 •whose favour such judgment shall be given, upon oalh or other sufficient 
 testimony to the satisfaction of the said Judge, that the party will be in 
 danger of losing the amount of such judgment, if he be compelled to 
 wait till the day of payment thereof before any execution can issue 
 thereon, to order the issue of an execution at such time as he shall think 
 fit. 
 
 LXIV. And be it enacted, That if any person or persons in any 
 County of Upper Canada, being indebted in any sum not exceeding 
 twenty-five pounds, nor less than twenty shillings, for any debt or 
 damages arising upon any contract, express or implied, or upon any 
 judgment, shall abscond from this Province, leaving personal property 
 liable to seizure under execution for debt, in any County in Upper 
 Canada, or shall attempt to remove his, her or their personal property of 
 the description above mentioned, either out of Upper Canada, or from 
 one County to another therein, or from Upper to Lower Canada, or shall 
 keep concealed in any County of Upper Canada to avoid service of 
 process, it shall and may be lawful for any creditor or cre<litors of such 
 person or persons, his, her or their servant or agent, to make application 
 to the Clerk of any Division Court of the County wherein the debtor or 
 debtors were or was last domiciled, or where tljo debt was contracted, or 
 to the Judge of the County Court therein, or to any Justice of the Peace 
 "Jc^i"^ County of Upper Canada, and upon making or producing an 
 affidavit or affirmation to the purport of that in the Schedule to this Act 
 annexed, marked D, (which affidavit or affirmation the said Clerks, 
 Judffes and Justices of the Peace are respectively hereby authorized to 
 administer,) and upon ihen and there filing the said affidavit or affirm- 
 ation with such Clerk or Judge, or if taken before a Justice of the Peace, 
 with such Justice of the Peace (whose duty it shall be to transmit the 
 •same forthwith to the Clerk of the Division' Court, within whose Division 
 the same was so made or taken, to be filed and kept among the papeirf 
 
 rroctfcdincs in 
 cage of aliseoiid- 
 jngdel>torii, ttc. 
 
 Atfi'l.-ivit 
 req'iiifil. 
 
 I 
 
 — ■ '.zmuam 
 
27 
 
 ^^ 
 
 Warrant to isBue. 
 
 Duly of Bailiff or 
 Const.Tt)le oil re- 
 ceiving such 
 warrant. 
 
 DIVISION COURTS ACT. 
 
 in the cause), it shall be lawful for euch Clerk, Judge or Justice of the 
 Peace forthwith to issue a warrant under his hand and seal, directed to 
 the Bailiff of the Division Court, within which the same was issued, or 
 to any Constable of the County, commanding such Bailiff or Constable 
 to attach, seize, take and safely keep all the personal estate and effects 
 of the absconding, removing or concealed person or persons, of what 
 nature and kind soever, liable to seiziire under execution fordebi within 
 such County, or a sufficient portion thereof, to secure the sum mentioned 
 in the warrant, wi:h the costs of the action, and to return the same 
 forthwith to the DiviHion Court of the Division wherein such warrant 
 was issued, upon receipt of which warrant the Bailiff or Constable to 
 whom the same may be directed, shall upon being paid his lawful fees 
 for levy, mileage and otherwise thereupon, including the fees of ap- 
 praisement, forthwith execute the same, and make a just and true 
 inventory of all such personal estate and effects, as he shall seize and 
 take by virtue thereof, and such Bailiff or Constable shall within twenty- 
 four hours thereafter call to his aid two Freeholders, who shall first be 
 sworn by such Bailiff or Constable, to appraise the said personal estate 
 and effects so seized ; and such Bailiff or Constable shall forthwhh re- 
 turn the said Inventory which shall be attached to such appraisement 
 to the Clerk of the Division Court of the Division within which such 
 warrant was issued, and which warrant may be in the form of that in 
 the Schedule to this Act annexed, marked E: Provided always, that the 
 said appraisers shall be entitled to receive for each day they may be 
 employed in carrying its enactments into effect, the sum of two shil- 
 lings and six pence each, to be paid in the first instance by the plaintiff 
 or plaintiffs and allowed in the costs of the cause : Provided always, that 
 proceedings may be conducted to judgment and execution in any case 
 commenced by attachment under the provisions of this section, in the 
 Division Court of the Division whhin which the warrant of attachment 
 shall issue ; and that when proceedings shall be commenced in any case 
 before the issuing of an attachment under the provisions of this section, 
 such proceedings may be continued to judgment and execution in the 
 Division Court within which such proceedings may have been com- 
 menced; and the property seized upon any such attachment shall be 
 liable to seizure and sale under the execution to be issued upon such 
 judgment, or the proceeds thereof, in case such property shall have been 
 sold as perishable, shall be applied in satisfaction of such judgment; 
 Provided further, 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 whhin the provision of this section, but any plaintiff having a 
 cause of action above the value of twenty-five pounds, for which an 
 attachment might be issued under this section, if the same were not 
 above the value of twenty-five pounds, may abandon the excess, and 
 upon proving his case, shall and may recover to an amount not exceed- 
 ing twenty-five pounde, and the judgment of the Court in such case 
 shall be in full discharge of all demands in respect of such cause of 
 action, and the entry of judgment therein shall be made accordingly. 
 
 LXV. And be it enacted. That whenever several attachments shall 
 be issued against any party, as authorized by the next preceding sec- 
 lion of this Act, the proceeds of the goods and chattels which shall have 
 been attached, shall not be paid over to such attaching creditor or credit- 
 ors according to priority, but they shall be rateably distributed among 
 such of the creditors suing out the said attachments as shall obtain 
 judnpnent against the debtor, in proportion to the amount of the sums 
 really due upon such judgments; and no distribution shall take place 
 until reasonaole time, in the opinion of the Judge, has been allowed to 
 the several creditors to proceed to judgment: Provided always, that Pn>»lio: vibm 
 
 Form of 
 
 Warrant. 
 
 I'rovjBo. 
 
 Fcc« to Ap- 
 praiKer. 
 
 Prov' ••> : where 
 iiroceedingt may 
 lie conducted to 
 judgment. 
 
 T.ialillityof 
 property lelzed. 
 
 ProvlTO : raUBe 
 oC anion not lo 
 lie (llviileil, lull 
 oxcrws may be 
 abandoned. 
 
 Provision when 
 there if more 
 than one attach- 
 ment. 
 
28 
 
 Koodtteizad will 
 not satlHrjr all. 
 
 Property feizcil 
 to !« ill custody 
 of Clerk of 
 DirUion Uourt. 
 
 rerioii* Against 
 whose eflrctf, 
 Sec, n warrniit ia 
 iMued niny ten- 
 der • boiiil to 
 their Crediiors, 
 «*jlh Muretics, 
 prior (ojiidg- 
 mcnt, and ohiaiii 
 a releare of the 
 BOO(I«. 
 
 A« (o imily not 
 aiijieariiiswtlliiii 
 oue month nTicr 
 wnrrAiit issued 
 agfttitHt liini. 
 
 Pr3»l!W. 
 
 der vice of pro- 
 resaliow iiiaile in 
 iii«" enxyti last 
 Wi'.Ktioiied. 
 
 I'rjvii-O : if III 
 rcasoiin'lc c;:u6(," 
 a( »e«ttirc. 
 
 DIVISION COURTS ACT. 
 
 when such goods and ch.iltels shall not be siifficienl lo satisfy the claims 
 of all the allaching creditors, none shall be allowed to share, nnless he 
 shall have sued out his attachment, and given notice thereof lo the Clerk 
 of the Division Court out of which the firf^t attachment shall have issued 
 or shall be returnable, within one month from the issuing of such first 
 attachment. 
 
 LXVI. And be it enacted, That all property seized under the pro- 
 visions of the next preceding section, shall be forthwith handed over to 
 the custody and possession of the Clerk of the Division Court of the 
 Division within which the warrant was issued, who shall take the same 
 into his charge and keeping, and shall be allowed all necessary dis- 
 bursements for keeping the same. 
 
 LXVII. And be it enacted, That if any person or persons against 
 whose estate or eflects such warrant or warrants as aforesaid, may have 
 been issued, or any person or persons on his, her or their behalf, shall 
 at any time prior to the recovery or judgment in the cause, execute anil 
 lender to the creditor or creditors, who sued out such warrant or war- 
 rants as aforesaid, and shall file in the Division Court to which the 
 warrant or warrants of attachment shall have been relunied. a bond 
 with good and sufficient sureties, to be approved of by the Judge or 
 Clerk of the Division Court, binding the obligors, join'ly and severally, 
 in double the amount of the sum claimed, with condition that the debtor 
 or debtors(naminghim,her or them) shall in the event of the claim being 
 proved and jud<rment being recovered thereon, as in other cases where 
 proceedings have been commenced against the person, pay the same, 
 or the value of the property so taken and seized, to the claimant or 
 claimanls, or shall produce such property whenever thereunto required 
 to satisfy such judgment, it shall and may be lawful for such Clerk to 
 supersede such warrant, and all and singular the property which may 
 have been attached, shall then be restored. 
 
 . LXVIII. And be it enacted. That if after the period of one month 
 from the seizure aforesaid, the party against whom the warrant issued, 
 or some one on his behalf, do not appear and give such bond with sure- 
 lies conditioned as above mentioned, whenever and as soon as judgment 
 shall have been obtained upon such claim or claims, execution there- 
 upon may immediately issue and the property seized upon such attach" 
 ment or attachments, or enough of such property to satisfy the same, 
 may be sold thereon to satisfy the same according to law, or enough of 
 the proceeds thereof may be applied to satisfy the judgment and costs, 
 if the same shall have been previously sold under the provisions here- 
 inafter made, as perishable property: Provided always, that when a 
 summons has been personally served on the party whose property shall 
 have been seized as aforesaid, and before such seizure, then the I rial of 
 the cause shall be proceeded with, as if no such attachment had issued, 
 and execution shall forthwith be awarded after judgment, unless other- 
 wise ordered by the Judge. 
 
 LXIX. And be it enacted. That in order to proceed in the recovery 
 of any debt due by the person or persons against whose property a war- 
 rant shall have issued under this Act, where process shall not have been 
 previously served, the same may bo served either personally or by 
 leaving a copy at the last place of abode, trade or dealing of the de- 
 fendant, with any person or persons there (hvellinir, or by leaving the 
 same at the said dwelling if no person he there 1-onnd ; and in every 
 case, all subsequent proceedings shall and may bo conducted according 
 lo the usual course f)f practice and proceedings in the Division (^ourt 
 aforesaid : Provided always, thai if il shall appear to the satisfaction of 
 the Judge in the trial of any cause, upon affidavit, sworn to in manner 
 authorized bv this Act \vith regard to other affidavits or other riufliciohJ 
 
 ime8iJ i.jLjj.i ! . i » 
 
DIVISION COURTS ACT. 
 
 proof, Ihtit the creditor or creilitors sui'iia: out an attachment under the 
 provisions of this Act, had not reasonable or probiible cause for taking 
 Buch proceed i II jrs, then it shall be the duly of the Judge to order that 
 no costs whatever shall be allowed to such credilor or creditors, plainli/For 
 plaiiitifTfi therein, and no costs in such case shall be recovered in the cause. 
 
 LXX. And be it enacted, That incase any horses, cattle, sheep, or other 
 perishable goods or challels, shall be taken upon any warrant to be issued 
 us afore.-aid, it ^lHall be lawful for ihe Clerk of the Court in whose custody 
 or keeping the same shall be, the same having been first appraised as 
 aforesaid and at Ihe request of the plaintiff suing out the warrant, to 
 expose and sell the same at public auction, to the highest bidder, giving 
 at least eight days' notice at the office of ihe Clerk of ihe said Division 
 Court, and" at two other public places within such Division, of the time 
 and place of such sale, if the articles seized will admit of being so 
 ]on<T kept, otherwise to sell the same at his discretion : Provided always, 
 That ii shall not be compulsory upon the Bailiff or Constable to seize, 
 or upon the Clerk to sell such perishable articles, until the parly suing 
 out the warrant shall have iiiven a bo-id to the defendant or defendants 
 therein, with good and sufficient sureties in double the amount of the 
 appraiseil value thereof (to be ascertained as aforesaid) conditioned 
 that the party directing such seizure and sale will repay the value 
 thereof together witti all costs and damages that may be incurred in 
 consequence of such seizure and sale, in case judgment be not obtained 
 for such parly suing out such attachment, which bond shall also be filed 
 with the papers in the cause: Provided always, that any bond given in 
 the course of any proceeding under ihis Act, may be sued in any Divi- 
 sion Court of the County wherein the same shall have been executed, 
 and proceetliugs may thereupon be carried on to judgment and execu- 
 tion in such Court, notwithstanding the penally contained in such bond 
 may exceed the sum of twenty-five pounds: And provided further, that 
 every bond shall and may be delivered up to the parly entitled to the 
 same, by the order and at the discielion of the Judge of such Court, to 
 be enforced or cancelled, as the case may require. 
 
 LXXI. And be it enacted, That any residue which may remairi after 
 satisfyint' such judgments with the costs thereupon, shall be delivered 
 to the defendant, or to the Agent of the defendant, or to any person iri 
 whoso custody the goods were found,~whereupon the responsibility of 
 the Clerk, as respects such properly, shall cease. 
 
 LXXII. And be it enacted. That the Judges of the said Courts upon 
 proof of ivind being satisfied with the general correctness of Ihe plain- 
 tiff's books, may receive the same in evidence, and give judgment to 
 the amount of five pounds in any cause within the said Courts, except 
 in tort or trespass, and that it shall be lawful for the Judge of any such 
 Division Court in his discretion to grant a new trial upon application of 
 either party within fourteen days after the trial of any cause therein. 
 
 LXXHI. And whereas it is desirable that judgments in the said 
 Division Courts, and in the Courts of Requests for the trial of Small 
 Causes in Upper Canada should be recovered by and against the per- 
 sonal representatives of the parties thereto; Be it therefore enacted, 
 that in the event of the death of either or both of the parties to any such 
 judgment, it shall ami may be lawful for the party in whose favor such 
 judgment may have been entered, or his personal representa'.ivesin case 
 of his death, to revive such judgment airainsl the other party or his per- 
 bonal representatives in case of hi^ death, and to issue Execution there- 
 on as may be provided and established by the Judges of the said Courts 
 respectively. 
 
 LXXIV. And whereas under the former Act relative to ino Cour^ of 
 
 2d 
 
 reriihable arti- 
 cles taken upon 
 warrant may l« 
 cold forthwith. 
 
 rrovlM) MtU- 
 rity may be re- 
 quired rrotn tb« 
 plaiiitifi*. 
 
 Troviso. 
 
 proviso. 
 
 Seaidue of prc- 
 cceds how di«- 
 poEcd of. 
 
 Plainliff'a boolia 
 tuny be evidence 
 in certain caiet . 
 
 Revivor of suit* 
 against tlic parly 
 dying. 
 
 Reciial. 
 
30 
 
 Proviiion as to 
 papert in the 
 hands of former 
 Clerks of the 
 Court ofRequest. 
 
 Punishment of 
 iwraoni wiirully 
 insulting any 
 Judge. 
 
 Punishment of 
 any Bailiff or 
 Omcer guilty of 
 extortion. 
 
 DIVISION COURTS ACT. 
 
 Requests, various Clerks were appointed for Townships anil other locali- 
 ties under the Commissioners; And whereas, when the Division Court 
 Act was passed, no provisions were therein contained for the delivery 
 up of the books, papers, and documents connected with the business 
 and with the claims of suitors ; And whereas it has been found incon- 
 venient that such books, papers, and documents should remain else- 
 where than with the Clerks of the different Division Courts : Be it there- 
 fore enacted, That it shall and may be lawful for the Judge of the 
 County Court, by writing under his hand, to require any person or per- 
 sons in whose possession or custody any such books, papers or docu- 
 ments shall or may be, to deliver the same, or all, or any, or either 
 thereof, as he shall see fit, over to such Division Court Clerk as he shall 
 name, and in the event of ihe same not being delivered in compliance 
 with such order or requisition, it shall and may be lawful for Her said 
 Majesty's Court of Queen's Bench, or Court of Common Pleas, or for 
 any Judge thereof in vacation, to proceed against such person or per- 
 sons in the like manner as provided for in any of the foregoing sections 
 of this Act. ° 
 
 LXXV. And be it enacted, That if any person shall wilfully insult 
 the Judge or any Officer of any Division Court, during his silting or 
 attendance in Court, or shall wilfully interrupt the proceedin-rs of such 
 Court, It shall be lawful for any Bailiff or officer of the Court, with or 
 without the assistance of any other person, by order of the Judge, to 
 take such offender into custody, and the Judge may impose upon any 
 such offender a fine not exceeding the sum of five pounds, and in de- 
 fault of immediate payment thereof, it shall be lawful for the said 
 Judge, by warrant under his hand and seal, to commit Ihe offender to 
 th» Common Gaol of the County for any period not exceeding one cal- 
 endar month, unless such fine and costs, with the expenses attendinir 
 the commitment, be sooner paid. 
 
 LXXVI. And be it enacted, That if any Bailiff or Ofiicer of any 
 Division Court, acting under colour or pretence of the process of such 
 Court, shall be guilty of extortion or misconduct, or shall not duly pay 
 
 Piiniahinent of 
 Clerks, Bailitf,., 
 tec, taking other 
 than their pro|ier 
 fees, lie. 
 
 inquire into such matter in a summary way, and for that purpose to 
 summon and enforce the attendance of all necessary parties, and to 
 make such order thereupon for the repayment of any money extorted, 
 or for the due payment of any money so levied or received ^jaforesaid, 
 and for the payment of any such damages and costs to the parties ag- 
 grieved as the Judge shall think just; and in default of payment of any 
 money so ordered to be paid by such Bailiff within the time specified 
 lor ihe payment thereof in such order, it shall be lawful for the Judge 
 by warrant under his hand and seal, to cause such sum lo be levied by 
 distress and Fale of the goods of the offender, together with the reason- 
 able charges of such distress and sale, and in default of such distress 
 (or summarily in the first instance) to commit the offender to the Com- 
 mon Gaol of the County for any period not exceeding three calendar 
 months. 
 
 LXXVIL And be it enacted, That if any Clerk, Bailiff or other 
 Olticer employed in putting this Act or any of the powers thereof into 
 execution, shall exact, take or accept any fee or reward whatsoever 
 other than and except such fees as are or shall be appointed and allow- 
 ed respectively as aforesaid for or on account of anything done or to be 
 done by virtue of this Act, on any account whatsoever relative to put- 
 ting tnis Act into execution, every such person so offending, shall, upon 
 proof thereof before the said Court, be forever incapable of servinoT or 
 
 ■M 
 
DIVISION COURTS ACT. 
 
 being employed under this Act, in any office of profit or emolument, 
 and shall also be liable in damages to the party aggrieved. 
 
 LXXVIII. And be it enacted, That in case any action shall be prose- 
 cuted after the commencement of this Act, in any County or Superior 
 Court of Record, for anv cause which might have been entered in a 
 Division Court under this Act, and the Plaintiff shall obtain judgment 
 for a sum not exceeding the respective sums to which the jurisdiction 
 of a Division Court is by this Act limited, no more costs shall be taxed 
 against the Defendant ihan would have been incurred in the Division 
 Court in carrying on the same action, unless the Judge who presides at 
 the trial of such action shall certify in open Court immediately after 
 the verdict is recorded, that it was a fit cause to be withdrawn from the 
 Division Court, and to be commenceil in such County or Superior Court; 
 provided also, that so much of the costs of the Defendant to be taxed 
 as between Attorney and Client in any such suit wherein the Judge 
 shall not certify as aforesaid, as shall exceed the costs of defence, taxa- 
 ble and which would have been incurred in the Division Court in de- 
 fending the same action, shall be set off and allowed by the taxing 
 oflicerron entering judgment, against the costs to be taxed for the 
 plaintiff and recoverable from the defendant, who shall be entitled to exe- 
 cution, with the costs thereof, against the plaintiff, when the amount of the 
 costs so set off shall exceed the plaintiff's verdict and taxable costs : 
 And provided also, that no execution on such suit shall issue against 
 lands, unless the amount of such judgment shall equal the sum for 
 which execution against lands are authorized by this Act. 
 
 LXXIX. And be it enacted. That when any levy or distress shall be 
 made for any sum of money to be levied by virtue of this Act, the dis- 
 tress itself shall r-ot be deemed unlawful, nor the party or parties mak- 
 ing the same be deemed a trespasser or trespassers, on account of any 
 defect or want of form in the information, summons, conviction, war- 
 rant, precept or other proceeding relating thereto ; nor shall the party or 
 parties distraining, ba deemed a trespasser or trespassers from the 
 beginning on account of any irregularity which shall afterwards be 
 committed by the party or parties so distraining, but the person or per- 
 sons aggrieved by such irregularity shall and may recover full satisfac-- 
 lion for the special damage. 
 
 LXXX. And be it enacted. That it shall and may be lawful for any 
 execu»or or administrator to sue and be sued in any Courts holden under 
 the authority of this Act in like manner as if he were a party in his 
 own right, and the judgment and execution shall be such as in the like 
 cases would be given or issued in any Superior Court. 
 
 LXXXI. And be it enacted, That on the hearing or trial of any action 
 or in any other proceeding in the said Division Courts holden under this 
 Act, the parties thereto, and all other persons may be summoned as 
 witnesses and examined either on behalf of the Plaintiff or Defendant, 
 upon oath, (or solemn affirmation, in those cases in which persons are 
 allowed to make affirmation instead of taking an oath,) to be adminis- 
 tered by the proper officer of the Court : Provided always, that no party 
 to the suit shall be summoned or examined, except at the instance of 
 the opposite party or the Judge. 
 
 LXXXII. A'.-A be it enacted. That payment of any fine imposed by 
 any Court under the authority of this Act, may be enforced upon the 
 orderofthe Judge, in like manner as judgment for any sum adjudged 
 in the said Court, and shall be accounted for as herein provided. 
 
 LXXXIII. And be it enacted. That all the costs of any action or pro- 
 ceed!n«j in any Division Court not otherwise provided for, shall be paid 
 by or apportioned between the parties in sucK manner as the Judge shall 
 
 31 
 
 A^tOCOHS wtltM 
 
 n IMnintiirshHll 
 bring in a Supe- 
 rior Court, nn 
 action which 
 ouglit to have 
 liceii hroughl in 
 a Divinioii Court 
 providcil ft>r. 
 
 Provitu. 
 
 Proviso. 
 
 Certain inform- 
 
 alitiea in levying 
 not to inal<e the 
 party atrespaMcr 
 I'roin the begin- 
 ning. 
 
 Kxecntori, ttc, 
 niay sue in DiTi- 
 ■ion Courts. 
 
 AU persons may 
 be exaniinpd as 
 witnesses in 
 liivistou Courts. 
 
 Proviso ! excep- 
 tion. 
 
 How fines im- 
 poseil by thia Act 
 may be enioreed 
 
 Costs to be ap- 
 portioned in such 
 
3fl 
 
 JuddM ihall 
 Ibinkfil. 
 
 If notpeelal 
 direction. 
 
 Judgmentf In 
 Division Courts 
 to l>e final ; iioii 
 ■uitsnnd new 
 irlali allowed. 
 
 tfoviso. 
 
 In certain eases 
 suits may be re- 
 inorcd by 
 cerliorari. 
 
 Each Court to 
 hare a seal. 
 
 Punishment for 
 forging it. 
 
 Mode of serving 
 
 groeei^soutofthc 
 tirisioii. 
 
 Mode of 
 sucb service. 
 
 Fee o« affidavit 
 of serTice. 
 
 DIVISION COURTS ACT. 
 
 think fit, and in cases where the plaint iff shall not appear in person or 
 by some person on liis behalf, or appearing shall not make piuuf uf his 
 demand to the satisfaction of the Jud^re, it shall he lawful for the Judge, 
 if he shall think fit, to award to llie defendant such costs and such fur- 
 ther sum of money by way of satisfaction for his trouble and allcndanco 
 as he in his discretion may think proper, to be recovered as provided 
 for in other cases under this Act, and in default of any special direction, 
 the costs shall abide the event of ihe action, and execution may issue 
 for the recovery of such costs in like manner as for any debt adjudged 
 in the said Court. 
 
 LXXXIV. And bo it enacted, That every order and judgment of any 
 Division Court holden under this Act, except as herein provided, shall 
 be final and conclusive between ihe parlies, but the Ju(lpe shall have 
 power to non-suit the plaintiff in any case in which salisfaclory proof 
 shall not be given to him entitling either the plaintiff or llie detendant 
 to the judgment of Ihe Court, and any plaintifi'may elect to be non-suited 
 by Ihe Judno and insist theieon, and ihe Jud^e shall also in every case 
 whatever have the power, if he shall think fit, to order a new trial to 
 be had upon such terms as he shall ihink reasonable, and in the mean- 
 time to stay Ihe proceedings: Provided such new trial be applied for, at 
 furthest, within lourteen days, and good grounds be shewn therefor by 
 the party so applying. 
 
 LXXXV. And bo it enacted, That any suit biought in any Division 
 Court holden under this Act may be lemoved or removable from the 
 said Court into Her Majesty's Court of Queen's Bench, or Coilrtof Com- 
 mon Pleas in Upper Canada, by any writ of rcrliorari, provided the debt 
 or damage claimed .shall amount to ten pounds and «pwaid.«, and pro- 
 vided leave be obtained of one of the Judges of the said Court of Queen's 
 Bench, or Court of Common Pleas, in cases which shall appear to the 
 said Judge fit to be tried in either of the said Superior Courts, and not 
 otherwise, and upon such terms as, to payment of costs or sr.ch other 
 terms as he shall think fit. 
 
 LXXXVf . And be it enacted, That for every Court liolden under tho 
 authority of this Act there shall be made a seal of the Couit to be paid 
 for out of the Feo Fund, and all summonses and other process issuing 
 out of the said Court shall be sealed or stamped with the seal of the 
 Court ; and every person who shall forge the seal or any 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 purporting to be a copy of any summons or other pro- 
 cess of the said Couit, knowing the same to be false, or who shall act or 
 profess to act under any false color or pretence of the process of the said 
 Court, shall be guilty of felony. 
 
 LXXXVII. And be it enacted. That any summons or other procecs 
 which under this Act shall be required to be served out of the division 
 of the Court from which the same shall have i.ssued, may be served by 
 the Bailiff of such or any other Division Court in Upper Canada holden 
 under this Act, and such service shall be as valid as if the same had 
 been made by a Bailiff of the Court out of which the summons or pro- 
 cos's shall have been issued, within the jurisdiction of the Court for 
 which he acts. 
 
 LXXXVIII. Ar.d be it enacted, That service of any summons or 
 other process of any Division Court which shall require to be served out 
 of the division of the said Court may be proved by affidavit purporting 
 to be sworn before any Judge or Clerk of a Division Court, or before any 
 person authorized by Law to lake affidavits in the Superior Courts of 
 Common Law in Upper Canada; and the fee for drawing such aifidavif, 
 
 t 
 
 Mh 
 
f , 
 
 DIVISION COURTS ACT. 
 
 3f 
 
 tJnnvolclnMe «h- 
 Bcnce of BalilflT. 
 
 bv whomsoever done, shall be six pence, and for adminis enng the 
 Oalh by .1 duly qualified person, six pence, and no more in either case, 
 and shall be, together with the poslaues on the papers if transrni led by 
 maii; co^l« ir. the cause ; and in every case of the uuavo.dable absence 
 of the BailitTby whom any summons or other process of a Court holiltn 
 under this Act shall have been served, the service of s.ich surrimons or 
 her process may be proved, if the Judge shall think fit, in the sanie 
 manner as a summons served out of the Division of the Court, but vvuh- 
 out additional charge to either of the parties of the suit. 
 
 LXXXIX. And be it enacted, That every UailitTor OlTicer executing |,^'';„"i«Hn exe'-' 
 anv process of execution issuing out of any Division Court in Upper eution. 
 Canada a-ainst the goods and chattels of any person, rnay by v.ilue 
 Thereo sei^-e and 'ake any of the ^^oods an.f ch.^tlels of such pernon 
 except n^lhe ^vea.ing apparel and bedding of such person or his 
 family and the tools and im'plemenis of his trade to the value of five 
 r«!nn,la which shall to that cvtont be protected from such seizure,) and pccuriticifor 
 Ty asosez^'nd akeany money oV bank notes and any cheques, .noney. 
 bins of exchange, promissory notes, bond., specialties or securities for 
 money, heionghig to any such person against whom any such execution 
 •hall have issued as aforesaid. . . ^ . 
 
 XC. And be it enacted, That the Hailiffof every such O'V"""" Court J^ow ..on.y^.nd 
 •l^allhnld anv chenues, bills of exchange, promissory notes, Honcls, ,„o,u.y M.nn i>e 
 pj alt!es,ToVhers:curi.ies for money -hich shall have been so .... w.u .rier 
 
 seized or taken as aforesaid, as a sccuuty or ^^'^"""f.^f"^/!',^^ no 
 directed to be levied by such execution, or so much thereof as sh. 11 no 
 ave been otherwise llvied or laised for the benefit o the pla'.;^;^^ «- 
 the plaintiff may sue in the name of the defendant, or in the name oi 
 any ner~i in whose name the defendant might have sued for the 
 Jec'^veryo thesumor sums secured or made P">«b ^thereby w^^en 
 the time of payment thereof shall have arrived ; and it shall not be 
 
 comp^-t fo^r .'he defendant in the -'S-f .'^-^ J"' '^tTdge iC 
 in anv way without the consent of the plaintiff or of the Judge, i ro 
 y^eYauSysl at the party who desi.es to sue for any such amount, 
 Bhal in he first place pa/or secure all costs that may attend the p.o- 
 ceeLig and he^moMcs realized, or a suflicient part thereof shal be 
 SovKv the ofiicer receiving the same to apply on the plaintiff s 
 S'mand a?d the overplus, if any, shall be fo-n.with paid tothedefend- 
 ant in the original suit, under the direction of the Judge. . , ^ , . 
 
 XCI. And be It enacted, That it shall be lawful ^^r any Pf y ^ho ^^^^ 
 
 has obtained a"y --''f^f J'" f^^-^for^oM^ =S uV." 
 
 for the payment of any debt or damages or costs I" "'"",., , • „,c.,t, mny tie 
 from any Division Court whhin the limits of which the defendant m „.,„,„onni ami 
 uom any Lrivi. lu.. bus ness, such summons exnmincd as to 
 
 d",':, a„T,„ be .erved ,,e«onallv u,o„ >lu. F-" '-';^;»i; j y-^j -- 
 ed reauirin<' him to appear at such time and place as sliall He it reutu 
 ?n such summons, to inswer such things as are named in such surn- 
 mons and iThl shall appear in pursuance of such summons, he may be 
 TxanSdupoVoath, touching 'his estate and effects and the manner 
 and c rCm^Jl^ances under which he contracted the debt or incurred the 
 damages or liability which is the subject of the action in whic h judg- 
 ment has been ob.aLd against him, and as to the rne.ns and expectation 
 V he then had, and as to the property ami means l^«,f , ' ^^/^ "f^Vf,';'^'- 
 \in" the said debt or damages or liability, and as to the disposal ne rnay 
 )l?ve made of any property, and the person ff-^V^^,^;;^:^ 
 aforesaid and all other witnesses whom the Judge shall think leqms.te. 
 
 Trovito : secM- 
 riiy to le hitch 
 for cosiB, *«■ 
 
 gnme. 
 
 i ?.ulhori:/f'd to be 
 
 «L mav be examined uiion oaui, ioucnuig il.c w.ii.! a.--<_. 
 
 t SSe as Ssaid ; i»d the costs of such summonses aiul of all pio 
 
34 
 
 ! 
 
 rroccPilliij;* if a 
 ik-rr'iKliiiit vhiill 
 rot'iise lu niii'iiil 
 or to he f.'xniriiri- 
 C'l. or ijliiill liiivu 
 cuiilrncieil ilin 
 (li'ht without ro.-i- 
 ■oniihh.' (■(jiivin- 
 tioii of hr?iiw nhin 
 tJHTiUfv ii.or he 
 Kiilty or niiy 
 frnii'l, Sie. 
 
 DIVISION COURTS ACT. 
 
 ceedinnfs Ihoreon, sliall bo deernoil coats in the cause, unless the Judge 
 sliiill oltiurwiso oriler and direct. 
 
 XG[I. And bo it enacted, That if the party so Rummoned shall not 
 attend ns reqniied by such summons, and shall not alJeso a nuHlcient 
 reason for not altendiiij?, or shall, if atten(lin<r, refuse to bo sworn or to 
 declare any of the thin>j:s aforesaid, or if he shall not naako answer 
 tonchinnf the same to the satisfaction of such Ju<lge, or if it shall appear 
 to such Judiie either by the examination of the party or by any other 
 evidence, that such party in incurring the debt or liability whicli is the 
 subject of the action in whit^h jud-rmenl has been obtained, has obtained 
 credit from the plaintilF under false pretences or by means of fraud or 
 breach of trust, or has wilfully contracteil such tlebt or liability without 
 having had at the same lime a reasonable expectation of being able to 
 payor discharge the same, or shall have made or caused to be made 
 any gift, delivery or transfer of any property, or shall have removed or 
 conctjaled the same wilft intent to defraud his creditors or any of them, 
 or if it shall appear to the satisfaction of the Juilgo that the said party 
 so summoned has then or has had since the judgment obtained against 
 him, sufTicieiit means and ability lo pay the debt or damages, or costs 
 so recovered against him, either altogether or by any instalment or in- 
 stalments which the Court in which the juilgmcnt was obtained shall 
 have ordered, and if ho shall refuse or neglect lo pay the same as shall 
 have been so ordered, or as shall bo ordered pursuant to the power 
 hereinafter provided, it sluill be lawful for such Judge, if he shall think 
 fit, to order that any such party may bo committed to the Common Gaol 
 of the County in which the party summoned is resident, for any perioil 
 not exceeding forty days. 
 
 XCrir. And be it enacted, That it shall bo lawful forlhe Judge of 
 any Division Court before whom such summons shall be heard, if he 
 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 pre- 
 viously 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 
 v?hoIe of such debt or damages and costs forthwith, or by any instal- 
 ments, or in any other manner, as such Judge may think reasonable 
 and just. 
 
 XCiy, And bo it enacted. That in every case where the defendant in 
 any suit brought in any Division Court shall have been personally served 
 with the summons to appear, or shall personally appear at the trial of 
 ♦he saiTie, the Judge, at the hearing of the cause or at any adjournment 
 thereof, if judgment shall bo given against the defendant, shall have 
 the same power and authority of examining the defendant and the 
 And iho Plaintiff, plaintiff and other parties, lonrhing the several things hereinbefore 
 mentioned, and of committing the defendant to prison,°and of making 
 an order, as he might have and exercise under the provisions herein- 
 before contained in ease the plainliflf had obtained a summons for that 
 purpose after the judgment ob;ainod as hereinbefore mentioned. 
 
 XCV. And be it enacted, That whenever any order of commitment 
 shall have been made as aforesaid, tho Clerk of the said Court shall 
 issue under tho seal of the Court, a warrant of commitment directed lo 
 the Bailiff of any Division Court within the County, who by suoh war- 
 rant shall be empowereil to take the body of the person against whom 
 suoh order shall bo made; and all Constables and other Peace Officers 
 
 fiuoh warrant, and the gaoler or keeper of the Gaol of the County in 
 which suoh warrant shall issue, shall be bound to receive and keep the 
 
 Order nitowitig 
 pnytneiiis by iii- 
 oinlinenls inny 
 lie reicinJcd, 
 
 Defendnnt per- 
 Mnnlly nppenr- 
 ing in any cnso 
 nmy be exnnilU' 
 ed. 
 
 Pfoceeilln!»3 In 
 case of commit- 
 led hy tli8 Court. 
 
DIVISION COURTS ACT. 
 
 35 
 
 dofenJant therein until discharged under the provisions of this Act or 
 cltherwise by .lu« conr.o of law? and no protection order or cert.hoato No^PX.''-" 
 cranled by any Court of Bankruptcy, or for iho relief of insolvent debt- 
 ors, shall be available to discharge any defendant from any cotninitmcnt 
 under such last mentioned order. 
 
 XCVr. And be it enacted, That no imprisonment under this Act shall \lZ!ZTn?L 
 in anv wise operate as a satisfaction or extinguishment of the debt or exiinKiiiHiiiiirni 
 other cause ol action on which a judgment has been obtained, or pro- oi .i.cmIc1...^c. 
 tact the defendant from being anew summoned and imprisonptl or any 
 new fraud or other default rendering him liable to be imprisoned under 
 this Act. or deprive the plaintilTof any right to take out execution against 
 the defendant, in the same manner as if such imprisonment had not 
 
 '^ XCm^And be it enacted,That in all cases where a warrant of exe- ^J,°f«;XSJ=„-,„,f 
 cution shall have issued against the goods and chattels of any parly, or ex.-cuiio.. or 
 an order for his commiiment shall have been made »";1«„^ »his Act, and -n.......^^^^^^^^ 
 
 such party or his goods and chattels shall be out of the County, it shall „,,,i^„ ^ „ o^. 
 be lawful for the Baiiiirof the Court either to execute such warrant oi .nincl. 
 execution or of commitment himself, in any County or place where 
 such party or his coods may be, or to send the same to the Llerk of any 
 other Division Court constituted under this Act, within the jurisdiction 
 of which such party or his goods and chattels shall then be or be be- 
 lieved to be, with a warrant thereto annexed i-.der the hand of a Bailiff 
 of the Court and seal of the Court from which the original warrant issued 
 ?equirin- execution of the same, and the Clerk of the Court to which 
 \hTsLnl shall be sent shall seal or stamp the same with the seal of his 
 Court, and issue the same to a Bailiff of his Court, and thereupon such 
 last n^entioned Bailiff shall be authorized to act in all respects ^fs if 'he 
 oriainal warrant of execution or commitrnent had been directed to him 
 bv the Court of which he is a Baililf,and shall within such time as this 
 Act directs, return to the Bailiff of the Court from which the same ori- 
 ffiiiallv issued, what he shall have done in the execution of such process, 
 ffln'case a levy shall have been made, shall within such l"ne as th.s 5-- of -no- 
 Act directs, pay over all moneys received in pursuance of the warrant 
 to the Bailiff of the Court from which the same shall have originally s- 
 sued, retaining the fees for execution of the process ; and where any order 
 of cornrnilment shall have been made and the person apprehended, he 
 shaU^^fonhwith conveyed, in custody of the Wiliff or Officer appre- 
 heringS, to the Ga/l of the Counfy in which he shall have been P-- "'rr- 
 aDD ehfnded and kept therein for the time mentioned m the warrant 
 Komm iment, unless sooner discharged under the provisions of this 
 Ac^ ami all Constables and other Peace Officers shall be aiding and 
 assisting within their respective Counties in the execution of such 
 
 "^ XCvIlI And be it enacted. That if it shall at anytime appear to the J,^-2,"„rar 
 satisfaction of the Judge, by the oath or affirmation of any person or p^„., eiecu- 
 ofber«^se that any defendant is unable, from sickness or other snffieien ..on. ^c 
 causeVto pay and discharge the debt and damages recovered aga.ns 
 S or any instalment thereof ordered to be paid "f aforesaid it shaU 
 Rwful for theJndse in his discretion to suspend or stay any judg- 
 ment order or execution given, made or issued in such action, for such 
 Skndonsuch terms as the' Judge shall think fit, amUo fr„m tirne 
 tHme until it shall appear by the like proof as aforesaid, that such 
 tamoorarv cause of disability has ceased. 
 
 XC.X Ja^J be U cnnc,e.,, pa, any 5._«o_n i™p,.,»n.d u^^^^^^ 
 
 impriaomiient being made, '^o^eUter wtth \he CQsU of obtaaijng .uch 
 
3G 
 
 I 
 
 fiiiil«!imciit for 
 annullliiH Hiiiliir 
 or rcriiiiiaiioorlj 
 
 fennUyon nall- 
 iiTcniitiiiie lof« to 
 'I plaiiitiiriiy 
 •lejtlectorcoii- 
 
 HiTOUCC. 
 
 How claims Ijy 
 Ihiffl pnrijea to 
 or upon good! 
 »rlzc(l ill Mccu- 
 'ion, •lull! be 
 dtterininuU. 
 
 Applicntion of 
 ponnliieri under 
 lliia Act. 
 
 Drvrsio.v couuts act. 
 
 ho ( oiirt, or Uy Jeavo of iho JuiL'o ol tliu Comt m vvhi i i , 
 
 i'»l)iiHon,„e..t vvas made. ^ ' " "'"'^'' "'" 0'''<-'f of 
 
 a lino not fxcrtsliii" /ivo ix.i n,U .,. .,. r «""'""'"« sti.iH lie liable to 
 or bfforo a Justic^rof t're > f/. f . 7^*^"*''''^''' ''X "'•^'<^^'' of the Court, 
 
 tvvc.H.lin;rll.reecaUMra ui^^^^^^ 
 
 CaiMtorSiciuiljln^i;!:""' "^"'^'"'> ""^ ^'^"3 J'"" before .uch 
 
 hoSl;,.^::;l!r,;;irrr'^!o"':j:;rr ^'•^«-'f"f «"y ^ivi^ion court 
 
 la^e the opno.lu li ;;' n / . "^ ^'h"' "^ ''"'""^•'"•••o or omission, 
 plau.,of Z'^ar,;*!^,:; .3,' P^Sr '•-" "PO" corn-' 
 
 omi.s,sion,if hisliall fhink fit so to w .„ 1 .1 ^ i'of,Weef, ooiuiivance or 
 to the 8at sfactio, of the Comt o '/ 1 ''r" f'^''' ""V'-'^'J beii.sr proved 
 
 Ihe plaintitrhas sustained he ebv' ,0. ''' V"^'.^";-^ as ,t shall appeal' 
 
 of n'.oneyforvvhich irLdS^ •" 'iny ca.e ihe^m 
 
 liable thereto; a d up ,^ remaml rnX X"''"i' '"" "'«,«■■''''"' "''all be 
 pay a„d satisfy the s^L.Taymr he :;,"!'.;,' ''t^ "" ^T ''^^^^ '° '° 
 
 c^^rSn^fbe'i^.f-^^a^S^^^^^^^ 
 
 it shall be lawful for the Clerk o At irT "''^' '"'"''*'"*''«« '''8"e''> 
 officerchargedwith the execntion V .'"' "P"" ^PP'io'^'ion of the 
 himself, a, well before asXrlnC ."'"'.'' ^T^'^' °' ^^' '^o officer 
 to issue' a summons callmrhefS 'ih " ^IT^^' "-''"«» ^"«h officer, 
 thereof for the DiJfsion as weH L f"-' ^- •"''' ^' '^e next silting 
 party makings daim and h ^'''^^"'^'"S ^"ch process as the 
 Ur. brought^rranvof Hpr MV . "Pc'' '''"7 «''"'o" "'hich shall have 
 
 a Local or^if^^o^C rt"i /re Ji? f^'SX ^"-'«,rl^«^°'''' °^ ^" 
 the Court in which such action shll 1... .^""k' '^^l' ^^ «"»y«^'« «nJ 
 thereof, on proof of the is'ue of i m i ''*"" ^'T?^'' °'" ^n^ •'"dg« 
 
 chatteK^or other proper^ were so aken rpv''"''. ""'' *^''' *^« g""^^^ *"d 
 may order the Pariy biifaTnffi.u k ,,.^" » execution or upon attachment, 
 
 in?s had upon^ucVac i! "^aft^r ,Se i^'Jue P''V ""^'^ ''^^" P^°«««J- 
 Division Court, and the Judg" of he Di^ ion cZt rTT"' °"' ^^-'^'^ 
 or as soon after Court as conven ent «h.l .• *' '"''*' "^'-^^ «'"'"!?» 
 
 and make such order between the n In ^- ^''j"^'^"'^ "PO" such clairS 
 costs of the prnceedin's as ,0 h 7s1 i ll'»"' '^7^'' '?"'''"^' '''"^ "^ ^^e 
 be enforced 'in like mSuer a, a^v o, tr ^"1 ^''' *"^' '""^ r'^-" «h^" 
 such Court, and ;.uch order sLTL fill . '" ^"^- '"'' ^'""""^'^ '" 
 parties. ^"^'^ ^^ ^'"^1 and conclusive between the 
 
 foiSLs ai^fin.!Tl"y^^'.'?« moneys arisin, from any penalties, 
 (if not by this Acrdirect'ecrio be 'oih.:?f '' ''''«",. P^.'^i and iGvied. shall 
 
 ^e paH ,0 .h, c,„K- of .^'c^-^^,: j^^:;;:;''," si^ :- i;-_.oj^™ 
 
custody, upon 
 y lliu Clerk of 
 it the oilier of 
 
 of Qiiy Court 
 1)0 n.sflnullcd 
 II bo riiado or 
 loperly seized 
 II l<u liable to 
 • of the Court, 
 aiich Com! is 
 any lorm not 
 for ilio IJailid 
 t lliu olfendtT 
 Leforo i^uoh 
 
 i vision Court 
 ny u.xecution 
 
 or omission, 
 I upon corn- 
 innivance or 
 win;; proved 
 viliiess,) tho 
 diiili appear 
 i"*t! the pum 
 iill' shall bo 
 efusal so to 
 !ed by such 
 menta rece- 
 de to or in 
 n execution 
 this Act, or 
 
 has issued, 
 II ion of tho 
 
 tho officer 
 uch officer, 
 lext silting 
 cess as the 
 shall have 
 cord, or in 
 layed, and 
 any Judge 
 goods and 
 Ifachmenf, 
 I proceed- 
 out of the 
 (xt silting, 
 ich claim, 
 ind of the 
 rder shall 
 wrought in 
 tween the 
 
 penaltien, 
 ied, shall 
 le to time 
 imposed, 
 
 DIVISION COURTS ACT. '"♦ 
 
 and shuM ho paid by him into th. han.U of the Treasurer of the Counly 
 fn be ni-counted for as part ol Ih.i Fi-o I< ui.d. 
 
 CIV An 1 be il enacted, Thu, in all cases in which by ^^ A«t any r---- •.. f.r _ 
 
 \ui .,r fmfiil.iro is nmlo recoverable bef..i.^ a Jii.liee ot iho I'eaee, „„„. t,c(b,e . 
 ^Xn\\ hi I I f r sue. Jnsl.ee to summon b. fore him the party com- ......co of ,!.• 
 
 '\ i.» duu!," u I on M.<-h summons to bearnnd delernnno .he ma ter »••»«• 
 P ueh S ml'in n^^^^ on pr.u.f -f Hu- ollenee to convuM ll.o olbn, er 
 of «"'^" '!'""„.' , „- „.'., ,|,e penallv or linfeiluie incurred, an<l to 
 «"'' '^"l^'^.^ov ho «rme, i.l on^ inlorma.ion ir. uri.in, shall 
 procee. 1) re <)\.r »' « •^'\'" ' " > ,,,„i.j.,.,li„„ by snmmot.s wiilioul 
 
 ^'•V*^^'" .: tSi ; ^H^a i ;" val!;i and c il^MuL to all inte..-. and 
 "l^r'llf :;ll;l.ion in wri.in« had been exhibited. 
 
 rV And b« it enacted, That in all eases where any coMV.el.on nhall 
 » . Vnil f< r . V licnce commi.t..d a._'ai.>sl this Act, the fo,m of eonv.c 
 ^:t.y be':;? Jh. word, or to .1. etl^.t loliowm, .at .s to say : 
 
 "''';'';;:V;^d'' ' ''AMUsconvieteyilro ^ 
 
 L'eVf 11 ■ Mn '.ty V .lustices of .ho l>eaee fur the County of 
 
 l; S ;K' V //.;^^:'' ) !^ l-in, (.0,;. th offence, and I, (or .e) 
 (,inscuii'ci •' •. do iuljiidyo the paid . 
 
 ,0 the Common <-\»[,'»;«„\-;i:,> "* ,,„,, ...J seal, the day a'n.l year 
 
 '^CvT'^And be it enacted, That no order, verdict or J-l^"""!"' ^ °|'''-; 
 procledin^ made eoneernin, any of tho mutters atore.aul, shall be 
 Jiuashed oT- vacated for a.iy mailer of form. 
 
 rorm of'onvle- 
 il.jii for t.lTi'iirfi 
 nitnlii'l tliltAcl. 
 
 Xoproccrilliigi 
 to l.iMiiini'licil, 
 \c. for wuiilof 
 loriii. 
 
 miashed or vacated for any mailer ol lorm. - 
 
 TvM And for pro.eclion of persons acting in .he cxecnl.-n of ih.^ S^ffi 
 AM n« it e acted That all actions and prosecutions to be co n.neu^ed ,o.^ ,^^ 
 
 Si^sl;;;^if ^ir^i^ i.^,^j^' ii;«^;»;j:? sts ».,„...„«.. 
 
 a suflicient sum of mo. ey s lal Have 'J^'^^'' P ^ , ■ ^^^h ac- 
 
 . r .1.^ I1l..:..l rt^l ...11 llll« SlllTI 01 iV\0 lOnlUl 
 
 f Two PomulsTen Sliiliint!;s, 
 
 damages for the I'lain,ifr.han "^l: f';'" ^ ^^^ ™ ,,^:, be Ju.hzo 
 
 ^tx A:;tir : r :— :; ';:•;. in ...ain Divi^ons . n. «...,. 
 
 tlX. Ai« vv c»» '1 „t ConiH Ihririii once in ovray Ivvo 
 
38 
 
 Oovcriior tiinjr 
 fix ptTiodH of 
 lioMiiig ('oiirl!> 
 
 Proviso. 
 
 .Tii'lL'cfi 10 require 
 nccoiiiils on oalli 
 from t'/orks. 
 
 Tntrrprcrafion of 
 word "County." 
 
 Vrorecilinss iin- 
 iter repealed Ac IS 
 to continue. 
 
 C.)tnriicnccment 
 01 Aei. 
 
 DIVISION COURTS ACT. 
 
 ■l.al H.chC„„,„ r. belt, 1° ™;Sri^^ll™=",- P'"-"!"! »I"-»I». 
 revoke any such or,l,„ at p]eas,L '" "'° '^'"'<""" '" Conncil to 
 
 at leas! semi-ui,rna Iv a iTiI p I « !.^ i'"'"''^ "■"^"' '^'^ Connfy, 
 
 snch Judjre. „f al S L 1 emn .m^T'"',' '"u" '''"^^^on oath before 
 
 by such :raH,e. wi^h"tt;:'l ft^. J;)^;^!^!!^.'"' ^'"'1 ""' 'i'' 
 <li<8 Act sl.all come into force it s hill If h i r f r ^'"'^y^ <''at after 
 ^;^^ to he appoint., or Siul^'iro^^f'!,!:^ ^^^^ 
 
 "Sy^'fh^?iii:;r:;lv?:!^:^/';„rc;r? ""^-"rv'^^ --^ 
 
 purposes, an.l in any form or nroce^ j; "^n.^ , "'r./Vr''^'' '^"'" '«''«''a' 
 shall and may be introduced Cord L^,' L " '^l -United Counties" 
 (lering the same necessary! '-''""^'"^ '" ^^^^> and circum.slances ren- 
 
 CXII. Provided always, and be it enactpd Thnt nil i- 
 
 the execution of the said Acts i-i ih^ P?f i > ' '? ' P''"ceed.np« in 
 any of them, commenced before the nrrjfnf lu- "f ^'^^ ^ ''^^^ "'" 
 ^Jay appointed for its going in ooDerat^^i'Jt^n? ""' ^';!' "' ^^^^^^^ ^^^ 
 and purposes as it thif Act had no. I.P«n ' ''". ^" ^^ ^^'"' ^" ••^'' '"<«"«* 
 o.v.cute5 and enforced a Jat aTl pe^ oTlia,'.,'"'^,'""^ ^" ''T''""«''' 
 ^r^..er as if they had been colS^';t^!l^a^^;o"ritV':fTi: 
 
 firSISVjlL^,;! -^^^^^^^^^^ «hal, come into force on the 
 
 ^^. 
 
 %. 
 
 j*«jmi 
 
 Mi 
 
si rates of any 
 ision pf such 
 its should be 
 it shall and 
 rts to be held 
 ided always, 
 )nce in every 
 ill Council to 
 
 itlge of each 
 his Count}', 
 1 oath before 
 hall be filed 
 s, tliat after 
 ^unty Court 
 my Division 
 
 , Ihe word 
 for judicial 
 i Counties" 
 itances ren- 
 
 !eedinp« in 
 recited, or 
 before the 
 ' all intents, 
 continued, 
 I the funia 
 rity of this 
 
 )rce on the 
 
 SCHEDULES. 
 SCHEDUIiE 
 
 TABI.K OF FEES. 
 
 39 
 
 FEE FUND. 
 
 EnteriiiK nccount and issuing sun.moiis j 4 
 
 Hearing un uiidefeiuUKl cause »' '^ 
 
 Heaviiiir a defcmleil oar.^e :'":"' \ "i" ' lu' 
 
 Every oKlcrcr imlg.r.cnt. (.,ot t.. be ol.a.gec ^vl>en lhe| 
 
 bcfeudaiit l.as given a eonfefsion ot judgment) ^0 3 
 
 _ f.. „,;.... «if iiiilminiPllt 1 " " 
 
 c 
 
 wrvice 
 
 parties applying for Jur 
 
 THE BAILIFF'S FEES. 
 Berriccof Summons, or other proceeding, except Subpo-nn, 
 
 on each person ; 
 
 Service of Subpa-na .>n each witness 
 For taking Confession of judgment. 
 Draw ing and attending to swear to every aflidavit of 
 of Summons, when served out of the Division 
 Enforcing every Warrant, E.xecution or Attachment, aganit 
 
 the goods or body - VWi'\',"Aid" 
 
 For every mile necessarilv travelled from the Clerk's Ofbce. 
 to serve Summons or Subpo-na, and in going to seize 
 on execution or Attachment where money made or 
 case settled after the levy, 4d. 
 
 For every Jury trial - - •. ",; " ' " \ 
 
 For caiTying «lcliuquei.t to prison, mcludmg all expenses 
 
 and assistance, per mile, Is. . , i- ■ 
 
 Erery Schedule of property seized, return, including 
 
 aflidavit of apprnisjd • - - - - - - - - -. ■ ■ • 
 
 Ererv Bov.d. including aflidavit of justification 
 
 Every notice of wde not exceeding three, under execution, 
 on uttachment, 6d. each. , r „^ 
 
 Tliat there be allowed to the Bailiff upon the sale of pro-, 
 oerty under any exccutifm the sum of two and a half| 
 per cent upon the amount realised, and not to apply 
 to any overijlus on the said execution. | 
 
 On every confesHou of judgement 
 
 CLEliK'S FEES. I 
 
 Entering every account, and i.^^suing Summons .... 
 
 CopyofSumnums. particulars of .^"mndor set-ott, when 
 i.ot furnished by Plaintiff or Defendant, each. . .. .! 
 
 Every summons to Witness, in wlmh any number ot 
 names may be included 
 
 Adioumment of any cause - .- --■ 
 
 Entering set-off or other defence requiring notice to the 
 
 riaintiflf ,, „ 
 
 Entering every judgment ■ - , ,. 
 
 Every search into a proceeding over a year old " J| 
 
 Taking confession of judgment .... . - - 
 
 Every Warrant, Attachment or Execution - - 
 
 To the Ch-rk for taking charge of and keei'ing the pvopeitv, 
 soiml, such sum as the Judge may order in euch. 
 rarticular case. , i r. * ' 
 
 For every copy of certificate of Judgment to another C ountv 
 
 Deposit to be paid by party requiring Jury . .... 
 
 Entering and giving notice of Jury being rf(iuncd - . 
 
 Making out Summons for the fifteen Juro.s to be appor- 
 tioned between and yirid in the hrst instance by 
 
 ti 
 
 3 
 
 G 
 
 3 
 C 
 
 9 
 () 
 fi 
 G 
 
 
 
 
 
 1 
 
 
 
 1 
 
 1 
 1 G 
 
 G 
 
 
 6 
 
 3 
 
 9 
 
 
 P 
 6 
 G 
 G 
 
 2 6 
 
 3 
 G 
 
 I 
 
 3 
 
 y 
 
 
 
 G 
 9 
 G 
 
 
 
 
 1 
 1 
 u 
 1 
 1 
 
 3 
 
 
 
 1 
 
 2 
 
 9 
 
 6 
 
 C 
 
 3 
 9 
 
 
 
 (> 
 
 6 
 
 3 
 
 G 
 
 9 
 4 
 9 
 
 
 
 
 
 1 
 
 I 
 
 1 
 
 1 
 
 3 
 
 
 4 
 
 
 
 
 9 
 
 6 
 6 
 
 1 6 
 
 5 
 
 ffi^^'S^r^wffiraa^tesspBC.; ■ 
 
li! i 
 
 4() 
 
 :?chc<]ut« R. 
 
 DIVISION C0URT3 ACT. 
 
 tcUeilMie C. 
 
 FORM OF SUMMONS. 
 
 Between 
 
 f A. B., Plaintiff, 
 
 < anil 
 
 ( C. D., Dafendant. 
 
 To C. D., the abovonameJ Defenilant. ... 
 
 Yon are hereby summoned to be and appear at the next sittings ot 
 th ' first (or as the cnsc maij be) Division Court in and for the County of 
 (or United Counties of ^ «« '/"•' case may be) to btf 
 
 holdenat in the Township of 
 
 on <l'e day of 
 
 18 to answer the above named Plaintiff for the causes sot forth in 
 the PlainlifT's statement of claim hereunto anne.\ed, numbered 
 
 , and that in the event of your not so appear- 
 in<T the Plaintiff may proceed to obtain judgment against yon by default. 
 
 Dated this *l^'y "•" „ , ^ ^^ » 
 
 By the Court, 
 
 Clerk. 
 
 NOTICK. 
 
 Take notice that if the Defendant desires to set off any demand against 
 the Plaintiff at the trial or hearing of the cause, notice thereof contain- 
 inn- the particulars of such demand must be left with the Plaintiff or at 
 his usual place of abode if living withiii the Division, or with the 
 Clerk of the said Court if the Plaintiff resides without the Division, at 
 least six days before th >■ said trial or hearing, and that if the Plaintiff or 
 Defendant desire to take the benefit of any Statute of Limitation "r other 
 Statute, notice thereof must be left in like manner with the said Piaintitf 
 or the Clerk ft least six days before the said trial or hearing. 
 
 ^Indorsement to be made on the Summons after the service thereof.) 
 
 This Summons was served by me, X. Y., on th« 
 
 day of 18 • 
 
 ^ X. Y. 
 
 COVKNANT BV THE CLERK OR BAILIFF. 
 
 Know all men by these presents, that we J. B., Clerk (or Bailiff, oa /J« 
 rase mail be) of the Division Court number in th« 
 
 County of S, S., of «n the 
 
 said County of , and P. M., of 
 
 in the said County of , r u r u • 
 
 do hereby jointly and severally for ourselves, and for each of our heirs, 
 executors and administrators, covenant and promise that J. li., Clerk (or 
 Bailiff) of the said Division Court (a.W/i* case may be) shall duly pay 
 over to such person or persons entitled to the same, all such moneys a« 
 he shall teceiveby virtue of the said office of Clerk (or Bailiff, as the 
 case mm, bn) and shall and will well and faithfully do and perform the 
 duties imposed up-.n him as such Clerk (or Bailiff) by Law, and shall 
 not misconduct Inmseif in the said Oflice to the damage of any person 
 beinrr a niuty in any legal procee.ling; nevertheless, it is hereby 
 declared that no greater sum shall be recovered under this covenant 
 against the several parties thereunto than as follows, that is to say : 
 
 Against the said J. B. in the whole, 
 
 Against the said S. S 
 
 Against the said P. M 
 
 In vvlini^aa whrraif. we havc lo theso preseiits 8ot our bands and- 
 
lalntiif, 
 
 1(1 
 
 (afendant. 
 
 t sittings of 
 10 County of 
 11/ be) to bti 
 
 sot forth in 
 , numbered 
 I so appear- 
 lu by default. 
 
 Clerk. 
 
 Tiatid against 
 reof contain- 
 Maintifi or at 
 or with the 
 Division, at 
 le Plaintiff or 
 ation or other 
 said Piaintirt" 
 
 e thereof.') 
 
 tbo 
 
 X. Y. 
 
 Bailiff, 05 {As 
 in th« 
 in th0 
 
 of our heirs, 
 .B., Clerk (or 
 lall duly pay 
 ch moneys ai 
 Bailiff, OS the 
 I perfoim the 
 i\v, and shall 
 of any person 
 
 it is hereby 
 this covenant 
 id to say : 
 
 SCHEDULES. 
 
 seals, this .day of 
 
 of Our Lord one thousand eight liundred and 
 
 41 
 
 in the year 
 
 Signed 
 
 sealed and delivered, 
 
 in the presence of 
 
 SCHEDUIiE ». 
 
 County of } 
 
 j^ -Q^ Qf in the County of (.here state the County) 
 
 the Plaintiff (or Agent, as llie case may be) maketh oath and saith that 
 C D., (the debtor's name) is (or are) justly and truly mdebted to (the 
 
 creditor's name) in the sum of . . • ^ °5 ]^^^ '"''"®^* 
 
 of Canada, for (/lere state the cause of action hriejly ;) and this Deponent 
 further saith, that he hath good reason to believe, and verily doth believe, 
 that the said C. D. hath absconded from this Province, and hath lett 
 personal property liable to seizure under execution for debt within the 
 County of J or that the said C. D., is (or are) 
 
 about to abscond from this Province, or to leave the County of 
 with intent and design to defraud the said . (the creditor) 
 
 of the said debt, taking away personal estate liable to seizure under ex- 
 ecution for debt : or that the said C. D. is concealed within the County of 
 
 to avoid being served with Process, with intent 
 and design to defraud the said ■ ^ ^. . .u- ^^''^ creditor) 
 
 of his said debt ; and this Deponent further saith, that this affidavit (or 
 affirmation, as the case may be,) is not made, nor the Process thereon to 
 be issued, from any vexatious or malicious motive whatever. 
 
 Signature of Deponent. 
 
 Sworn (or affirmed as the case may br.) before rne, the 
 jj^y of one thousand eight hundred and 
 
 SCHEDVI^E E. 
 
 County of ) 
 
 (here insert the County.) S . . . „ ... . , r> , e 
 
 To A. B., Bailiff of the Division Court of the said County of 
 
 (or to A. B., a Constable of the County of 
 (as the case may be). 
 
 You are hereby commanded to attach, seize, take and safely keep all 
 the personal estate and effects of C. D., (naming the debtor,)an abscond- 
 inc, removing or concealed debtor, of what nature or kind soever, liable 
 to seizure under execution for debt within the County of (/icre name the 
 County) or a sufficient portion thereof to secure A. B. (here name the 
 creditor) for the sum of (here state the amount sworn to be due) together 
 with the costs of his suit thereupon, and to return this warrant with what 
 you shall have taken thereupon, to the Clerk of the (here state the num- 
 ber of the Division) Division Court of the County aforesaid forthwith : and 
 
 herein fail not. . 
 
 Witness my hand and. seal, the day oi 
 
 E. F. -^ (^* ^-^ 
 
 Judge, Clerk, or Justice of the Peace, (as tlie case may be). 
 
 Schedule D. 
 
 Setiedule E. 
 
 lur hands aod- 
 
 D 
 
; I 
 
 RULES AND FORMS 
 
 
 y- k 
 
 IN USE IN THE 
 
 DIVISION COURTS OF THE COUNTY OF SIMCOE, 
 
 AS APPROVED OF BY THE JUDGEis. 
 
 'HFRFAS bv the Forty-fourth Section of the Act passed in the Fourteenth Year of Her 
 VV Maiesiv's Reign, entitled, ''JiiJcl to amend and consolvhile the several Acts now tn 
 force reoutatiL the Practice of Division Courts in Upper damla and to extend the Jurisdiction 
 theeof'' h is provided that the Judge of the County Court .lu.ll have power from lime to 
 meieoj, n 13 I"" „ , „ „.,r.i„,:.,„ ,ha P.n/.t p» i-i„ 'inr.-pi inss of he Division Courti. 
 
 w 
 
 fherpof" it IS proviueu mai iiic juugc ui mc v^.^i..../ • - ■-— i- ■•-'.": '." "A" ." 
 
 ime to m ke General Rules for regulating the Practice j-.nd P.oc.edings of the Division Courts 
 aiTalso to frame Forms for every Proceeding in the said Cour s for which he shall think Jt 
 necessary that a Form should be provided, and also to alter all or any Forms given in the 
 sSileto the said Act. In pursuance of such powers, therdore, the Judge ol the County 
 Court of -he County ^ Simcoe doth order that the following be the Rules of Practice and Forms 
 for the Division Courts, in and for the County of Simcoe, to come into force on the Tenth day 
 of January, one thousand eight hundred and fifiy-one. 
 
 1st Rule —The Clerk of every Divis-on Court shall h^ive an Office at such place, within 
 the Division for which he is Clerk, as the Judge shall direct. 
 
 2nd RuLE.-Three Books shall be kept by each Clerk and the necessary entries be fairly 
 made therein namely : A Book to be called the « Procedure Book," in wuch shall be entered 
 Sote of au'summonses issued, and of all Orders, Judgments, Decrees Warrants, Executions 
 and Returns thereto, and of all other Proceedings in every Cause, and at every Court ; A Book 
 ?o be ca led the " Cash Book," in which shall be entered an Account ol >» I .Suitor's Moneys 
 paid into and out of Court ; and a Book to be called the "Fee Fund Book," in which shall &e 
 entered an Account of all Fees, Fines, Forfeited Fees, and of all Moneys payable or paid into 
 Court beloiP'ing to the General Fee Fund of the Division Courls.-which Books sha 1 be 
 according to°the Forms given in the Schedule to these Rules appended, and kept as nearly as 
 may be in the manner shown in the Forms. 
 
 ^RTi Rule —Every account or demand entered for suit must be written in a legible manner, 
 and show the'narnes in full, and the last known places of abode of the parties, and be delivered 
 to the Clerk at his Omce. 
 
 4th Rule —The account or demand entered for suit shall, in every case admitting thereof, 
 show the particulars in detail, and in other cases shall contain a statement of the particulars of 
 the demand, or the facts constituting the cause of action in mdinnry and concise language, an« 
 the sum or sums of money claimed in respect thereto-lne lo.Tns iNos. IV, V, and VI, in the 
 Schedule are "iven by way of illustration—Provided always, that in all cases the Judge, in his 
 discretion anif on such terms as he may think lit, may adjourn the hearing of the cause for a 
 statement of particulars, or further particulars. 
 
 5th Rule— The Cleik shall number every demand or account in the order in which it is 
 received by him. The numbering to show the standing of the suit, us well with reference to 
 th» causes entered for trial at the then next Sittings of the Court, as in respect to the whole 
 number of suits entered in the Court for the then current year. 
 
 6th Rule —The ordinary summons or demand on account shall be issued, according to the 
 Form No. 1, in the Schedule to these Rules appended, in lieu of the Form given in the Schedule 
 to the Act ;'ai]d every summons shall be numbered to correspond with the demand on which it 
 issues, and dated as of the day on which it actually issues. 
 
 7th Rule.— Where the Plaintiff sues under the XC Section of the Act, the proceedings 
 shall be the same as in ordinary cases, but in addition to the usual notice on the original sum- 
 mons to appear, theieshall be added the following :— " The DelVndiint is informed and cauiioned 
 " that (the original Defendant) has no power to discharge this suit without tiie consent of the 
 " Plaintiff, or the Judge, the subject matter of this suit having been seized under execution." 
 
 8th Rule.— The Clerk shall annex to the original summons the account or demand entered 
 with him according to Rule No. Ill, and to each copy of summons to be served shall be like- 
 wise annexed a copy of such account or demand, sealed or stamped with the seal of the Court. 
 
 9th Rule.— Every summons must be served ten days before the holding of the Court at 
 
 h. . ■, • . ., ui~ /..^iiu.r !hf» Aa-w r-t curiiiz-o u,\r iha dav nf iuildlnir the Court to be 
 icn It is rciUiiiauic ^iitiin.,r snc s-j — — — — - — ^ — ■--' — s -■<- 
 
RULES AND FORMS, COUNTY OF SIMCOE. 
 
 43 
 
 [COE, 
 
 'ear of Her 
 
 cts now in 
 Jurisdiction 
 im lime to 
 sioii Courts, 
 iill think it 
 iven in the 
 the County 
 e and Forms 
 I Tenth day 
 
 ace, within 
 
 es be fairly 
 1 be entered 
 Executions 
 rt ; A Book 
 r's Moneys 
 ich shall be 
 >r paid into 
 aa shall be 
 3 nearly as 
 
 ble manner, 
 be delivered 
 
 ing thereof, 
 iiticulars of 
 tiguage, anu 
 VI, in the 
 ^udge, in his 
 ! cause lor a 
 
 which it is 
 reference to 
 the whola 
 
 rding to the 
 the Schedule 
 on which it 
 
 proceedings 
 iginal sum- 
 nd cautioned 
 iiiserit of the 
 ecution." 
 
 and entered 
 lall be like- 
 f the Court. 
 
 he Court at 
 Court to be 
 
 I 
 
 i-ounted ) except when otherwise directed by the said Act. And where any summons has not 
 been served, another sumrn-.ns, or successive snmmonses, may be issued. 
 
 in^H RiTLF —The Bailiff who serves a copy of summons shall endorse on the original the 
 time and^hemnnneroT the serv.ce .hereof, a'Ji sign such endorsement four days before the 
 holding of the Court at which the summons is returnable. 
 
 IITH RULK.-Where summons or other process is required to be served oivt of 'he ^'vision 
 «fVhIroun from which the same issues, the papers may be transmitted by Mail, by the Clerk 
 ■ ^1«Zp (rr'ceivinL the necessary postage) to the Clerk of the Division where the same 
 issuing same (<'•' '^'^f '^'''S;"^ 'r?" ^^^^^ shall forihwilh deliver such summons, 
 
 requires to be served And such I st menl o^^^^^^^^ ^^ ^^^^^^^ ^^^^^^^ ^^^^^ 
 
 rrsmhThT^'persty Elf -it^the'nec^rsa;; affidavit of service, if effected, to the first 
 
 T^'^^H'tuLF -Where the Defendant desires to avail himself of the law cf set off the Statute 
 
 12TH KULF.. ;^n«f«/"« V^,- rfouinng notice to the Plaintiff under the XLl I Section, 
 
 of Limitations or any other deienctrqn.ng ^^^^^^^^^^^^^ ^^ ^^^^^^, .^ ^^^^^^^ 
 
 the Forrns of Notice ^os. \ " an 1 ^ I" " h^ bch^^^^ J. ^,,.,„ ,,„, ^^ve been given, the 
 
 directed by the Act : Provided ^^^^y^' '^^J'he 'hall think fit, may a.ljourn the heani.g of the 
 
 ^"'l^i;^'n\^e1he'^efe'nt.t^:giv TcrN^^^^ -f aiys (being at least six) 
 
 Se 'he d.Ii\i\vh^ch S may be adjourned, as the Judge may think p.oper. 
 
 \Zl R:":IwMl?v;::t.lave unnecessary expen^ in P-MheDe^ndant (orPlamtiff) 
 J.X aMi'bVrty to give the ^'^'^^ <- .^^m ofset^off try 'L^s'S'c 'Uould^otherS 
 on the trial of th--- -X P- « ^ v^n l"p a iff (o" ."LVfendant) shall not be allowed 
 require proof and » 'f / 1'^''^'^°"*:^^ proof. 'Phe Notice to be according to Form No. 
 
 5c" W/sdwX: S^hnrkJXt, a^nd s-;rd'on the Plaintiff (or Defendant) or left at his 
 usialn'ace of abode, at least six days belore the trial or hearing. 
 usual place oi aoo , •' „i,_„„,i„,„ement of debt, taken before suit commenced, 
 
 loTH Rui-K.-Kvery confession, or ackno«iei em ^^^ ^^^^ ^^^^^^^ 
 
 must show the particulars » he c . no or dem n^ g^^^ ^^ .^ ^^^ ^^ 
 
 and certainty as would be ''^XlVeTonT^h confession shall be made to the Judge, at the 
 ner, and "'-'[''^V"'''' I'n wafter the°same °staren,„o execution shall be issued on the Judgment 
 Sittings of the Court f„^j ^^f'^^^fhTpiai .tiff, o his Agent, that the sum confessed, or some, 
 
 oiJim wns sued unon, suit would be triable. ..... 
 
 sworn by an illiterate person the Jurat m;i ^^^""'^'^ read n his presence, to the'party making 
 Bioner, a'dministering the Oath, that \he;ffi''«;'\;^«^ ,here shall be no erasure 
 
 T;f B:;...-i=."r J.*™n,, 0,.., .nj n„,., onhe c^^^^^^^ 
 
 Cl..k. ..cordinK .» .1.. Form S''"!'; "'^'J^'lfco',,"' 1" „,5, ,„m or Mon.y. Ih, ,.m, sh.ll 
 
 ,Z t "-on .pplicion m»d. .0 hi™ in '".^tl^.r.lSncf^ whS'^nd'^S: 
 „„mber of »l.nMses shall be .linked on,ax.»..nlC.'«j^.h^.^ ^^^ .^ ^^ ^,^ 
 
 "^H R....-E.e,y .ppli.a,i=n for . na» InaUW^^^^^ 
 
 th. gronnda upon which it I' i""^'' "f,'!' .f;; '^.^ „" mda.it in .uppor. .l..,«of, ..hall b. 
 
 ss,;v3;i;',h\'asvr'\h^" c»,.^'!.'Si: rh^'i:." i^ .«. .» b, by hi., »„ ,.«..«, ... 
 
44 
 
 RULES AND FORMS, 
 
 Fees and the necessary Postage, transmitted by Mail to the Judge with a copy of the original 
 t, claim, or other paper necessary to the proper undr -Manding of the case. 
 
 ••; 20th Rule. Where an application is ■' : - ; »t i'-aJunCJ refused by the Judge, the same 
 
 ■ k' being notified to the Clerk, the procee(iinpi . , ise shall he continued as if no such appli- 
 
 ( cation had been made. Where the Judjje tie to hear the parlies on such application, he 
 
 i shall notify the Clerk thereof, and the hearing > ; be at the then next sittings of the Court 
 
 [ wherein the suit is pending, and the Clerk shall forlhwilh issue a summons in the nature of a 
 
 ' Rule nisi, accordin<{ to the f^orm of the Schedule, to which shall be annexed the party's applira- 
 
 tion, and every affidavit in support thereof, and ihe same shall operate as a stay of proceedings, 
 
 and a copy of such summons, to which shall beiuinexed a copy of the application and of every 
 
 affidavit in support thereof, (such copies to be furnished by the party) shall be served on the 
 
 opposite party, ten days at least before the day of hearing, and in manner directed by the Statute 
 
 • for the service of a notice of set off, and every copy o( affidavit to be used in showing cause 
 
 against such summons, shall be served on the parly applying for the new trial, four clear days 
 
 before the day of hearing, and in the manner directed by the Statute for the service of a notice 
 
 of set off. 
 
 On the day appointed for the hearing, the Judge, on the appearance of bolh parties, or in 
 default of the appearance of either party, on proof of the service of the summons, shall proceed 
 to adjudicate upon such application, and to make such order thereupon as shall seem to him to 
 justice to appertain, and all costs incident to the proceeding shall be costs in the cause unless 
 the Judge shall otherwise order. 
 
 21sT Rule. — The ordinary judgment against executors or administrators shall be, to pay the 
 debt, or damages, and costs, to be levied out of the goods of the deceased in their hands, and 
 as to the costs, if there are no such goods, then to be levied out of their own goods, 
 
 22nd Rule.— Where the defence is, that executors or administrators have fully administered, 
 if it be adjudged by the Court, that they have assets not administered, then a'like judgment 
 shall go, as in the above case, but only as to the goods of the deceased to Ihe amount proved to 
 be in their hands, and of assets quando acciderint as to the residue, the judgment "\8 to the costs 
 «ball be that they be levied de bonis (eataloris si Sfc, et si non de bonis propriis. 
 
 23rd Rule. — If the sole defence by executors or administrators be, that they have fully 
 administered, and the judgment of the Court is for the defendants, it shall be that the amount 
 found to be due be paid and levied out of the assets of the deceased quando acciderint, and the 
 costs shall be in the discretion of the Judge, who should in no such case direct costs to be paid 
 by the defendant, unless it shall appear to him that by the course taken in the case, the plaintiff 
 Jhas been left under the necessity of proving his cause of action, 
 
 24th Rule. — Where judgment has been given against Executors and Administrators that 
 the amount be levied upon the assets of the deceased quando acciderint, the PlaintifTmay at any 
 time proceed by summons against them, suggesting that assets have come to their hands, and 
 the Court shall proceed and give judgment thereon, if for the Plaintiff as in Rule XXI, and if 
 for the Pefendants they shall be entitled to their costs. 
 
 25th Rule. — Where judgment has been given that the debt (or damages) and costs be 
 levied de bonis testatoris, and the Plaintiff complains ihnt the Defendants have been guilty of a 
 devastavit, inasmuch as no goods of the deceased are forthcoming to satisfy theexecution issued, 
 then a summons may be taken out in li.e form given in the Schedule, or to the like effect, and 
 thereupon, as in ordinary cases, Ihe Court shall proceed to the hearing and judgment, and if 
 judgment be given against such Executors or Administrators, then il shall be that they pay the 
 debt (or damages) and costs, to be levied de bonis testaloris si Sfc, el si non de bonis propriis. 
 
 26th Rule. — Where, in an action against Executors or Administrators, the defence is, that 
 they are not Executors or Administrators, or it is founded on some matter or thing arising since 
 the death of the testator or intestate, tx. gr,, — a release to the defendants— if thejudgmentof the 
 Court be against them, it shall be, that the debt (or damages) and costs be levied and paid de 
 bonis testatoris si Sfc, et si non de bonis prupriis. 
 
 27th Rule, — Execution on any judgment is not to issue by or against any person not a 
 party to that suit without a summons upon the judgment, the proceedings in which shall be the 
 same as in ordinary cases, and where judgment has been given for or against a person deceased, 
 his Executors or Administratois may in the same manner sue or be sued on the judgment, and 
 • the particulars, summons, jiidj;ment and expcuiion, in such case, shall be according to the 
 forms Nos. XXIV, XXV, XXVI, XXVII, XXVIII, in the Schedule, or to the like effect. 
 
 28th Rule — Where a parly having an unsatisfied judgment or order desires to proceed 
 under the 91st Section, he shall enter with the Clerk a copy of the judgment (or order) he pro- 
 ceeds on, and a i;ote in writing according to the form No. XLI, in the Schedule, which shall be 
 
 _■■■>»• Umwh^. W'«r iUa /^Ittrly an tin ^ nr/l^r in wKi/^Vt if- q Via 1 1 Ka ra£*ai%tfiA nr\A t Ua**a**h^m ^ ...... 
 
.if 
 
 COUNTY OF SIMCOE. 
 
 45 
 
 bearing the number thereof, shall issue, which summons shall be according to the form No. 
 
 Uns at any time before Ur«.^^^^ j \„ h'i^ satisfaction that 
 
 ^ch'; ft^y ',^a''lhturt:'re"ml°ve out^:; the J.risJ.ction of the Cou.t. 
 
 cess has >s?''«d, a"\summonses have we^ ^^ ^^n ^^ .^ ^^^^ ^.^^ and rnanner as by 
 
 the execution of such p.oce.s,s,ch^^^^^^^ ^^^ Claimant sha 1 
 
 thesaid Act IS d.recte,Uo service ota^^^^ ^^^ Defendant. And the claimant shall, 
 
 be deemed the Plamt.ff, and the execuun^^^^^^ letumable, leave at the Office of 
 
 five clear d«V8 V'e <>re the day or^ wmcn properly or security, alleged to be 
 
 theCierkoftheCov.rtapar.cuarot^^ ^.^^^^ .^ ^^^ ^ j „ 
 
 the property «f ^"« ^'"'7„", ;"' Je pit cu and the order thereon, shall be according to the 
 
 language, '^'^J '^l^i^^xxTand XXXllI in th^ Schedule. 
 
 Forma Nos. XXXI, ^XXl anU a ^.^^^^ ^^ 
 
 ■ ^'"tK^otrTo'^fSf he7s'B'aS^shall..^thi.^hree Ws after the receipt thereof, 
 i"a'y over the same to ^^e Clerk of the Court ^^ ^^^ ^^^ ^^^^^ ^^^^.^^^ ,.^ 
 
 32nd Roi-E.-At every Court ad a^sw^n 1^^,„,„ „„ Oath, pursuant to the Form 
 
 ehall deliver to the Clerk oj h« C°un a b|a^ ^.^_^^ ^.^ ^^^^ ^^^^^^^^^ ^^^^^^ ^^^^^ ^^^^^^^^ p,,. 
 in the Schedule, of wha shaU have o ^ ,equired to execute, 
 
 cept, and writ of execution, ^^.ch he sha l ^^,^,,1,3 fi„j ^y the Clerk in his Office, 
 
 33BD RULE.-The Returns "^e-^"-^^;^ ^", J, oUnypeison interested, desirous of searching 
 
 and shall be open ^^•' h"'' ^f ,,^'' ^^^'^^ he'c e k o examine such returns, and if found correct and 
 thesame.anditshai betheduyoithev.^ ^^^^^^^^ ^^^^^^^ ^ Memorandum in the 
 
 complete within ten days »!'«' Jj « ^^"'P^'% ,^4 „.i,hin Return, and find the same to be full, 
 following words: " 1 have care uUy exam neam, knowledge and belief. Dated the 
 
 "true and correct in ev^ ry particular to the b^st m^ ku ^^^^g^^ ^^^ .^ ^^^^ ^^^^^^^ 
 
 be found by the Clefk^^to'be incorrect or incomplete, he shall forthwith notify the Judge of the 
 
 same, and the particulars theieot. ^^^^^.^^ j^^ ^j^^ 
 
 34th RCLE.-In all Actions mDms on Coun^^^^^^^ ^^ ^^^^ ^,^j^ „^ j^^^^^ 
 
 \'",1£'=^cc;rding^o{h:^'o^mNo"V^1r;hfsS::^^^^^ -mmonses and subsequent pro- 
 
 c'e'dings "be the same as in "^^'""y J'^^; .^ .^e Schedule, hereunto appended, shall be 
 35th Rui-E.-These Rules, and the Forms ^j ^ct in the Counlv of Simcoe ; and in cases 
 observed Hnd used in ail Courts holden under the sa.U Act n^^^.| p^.^^.^,^^ 
 
 used as guides in Iraming the same. ^^ .^ reference to persons 
 
 36TH RULE.-Wher.yer ,*he ^nguia numbeys used n t^^ ^^^^^ ^^ ^^^ ^^ ^^ ^^^^ ^^^ 1 
 
 or things, it shall be u..d.rs^^^^^^^^^ i„ ..ke manner when 
 
 Teces'r'';. bru'nd'ers'lood to^nclude the feminine gender. 
 
 Dated, Barrie, January the 2nd, 1851. 
 
 (Signed,) 
 
 JAMES ROBERT GOWAN, 
 Judge County Court, County of Simcoe. 
 
 Toronto, 6th January, 1851 
 Approved. 
 
 Signed, 
 
 Jno. B. Robinson, C. J 
 J. B. Macaulay, C.J. 
 A. McLean, J. 
 \Vm. H. Draper, J. 
 R. B. Sullivan, J. 
 Robert E. Burns, J. 
 
 C.P. 
 
^:.i 
 
 SCHEDULE OF FORMS. 
 
 I. 
 
 Summons to appkaii. — (Section 24.) 
 
 In I lie Division Court for the County of Simcoe, 
 
 No. of (lernand I. > 
 Year Number 80. J Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 To C. D.. the above named Defendant, 
 
 You are hereby [<is bcHne (or sis often before) you were] summoned to be and appear at the 
 next Sitlin^;s of lliis Cou'l to be hdlden at in the Township of in the 
 
 said County, on the dayof A. D., 185 atitiehourof in the 
 
 forenoon, to answer the abovp-numfd I'lainliff, in an Action on Contract, [or in an Action for 
 Tort,] for the causes set forth in ilie Plaintiff''s statement of claim hereunto annexed, and in 
 the event of your not so ajijieaiing, the Plaintiff may proceed to obtain Judgment against you 
 by default.* 
 
 Dated this dayof A. D. 185 . 
 
 Claim, jC By the Court, 
 
 , . Clerk. 
 
 Costs exclusive i 
 of Mileage. 
 
 noticf:. 
 
 Take Notice that if the Defendant desires (n set off any Demand agaimtt the Plaintiff [if the 
 Action be for Tort omit the words in Italics] at the trial or hearing of this cause, or to take 
 the benefit of any Statute of Limiiaiinn. or other Statute, Notice thereof in writing, and if a 
 set off, containing the particulars of svrh set off [omit \hewonis\ast iu Italics if the \ction be 
 for Tort] must be given to the PUuntifT, or lelt at his usual place of abode, if living within the 
 Division, or left with Ihe Clerk of thv said Court, if the Plaintiff reside without the Division, 
 at least six days before the said trial or hearing. 
 
 Endorsement on Summons after the service thereof. 
 This Summons was served by me on the day of 
 
 Miles travel, A. B., Bailiff. 
 
 A. D. 185 
 
 (Where the Plaintiff intends to proceed under the 9\lh Section, the following to be insertedin the 
 
 Summons after the .Asterisk.) 
 And in case you are personally served with this Summons, immediately after Judgment ha» 
 been obtained against you, the Pluintifr will make application to the Court to examine you 
 upon Oath touching the manner and circumstances under which you contracted the Debt [or 
 incurred the damages or liability] which is the subject of this Action, and as to the means 
 and expectations you then had. and as to Ihe means you still have, of discharging the said 
 Debt, [or damage or liability,] and as to the disposal you may have made of any property; 
 and application will also be made to commit you to Gaol, under the Provisions of the'Slatute in 
 such case made and provided, in which case the Judge of the Court will proceed to hear and 
 deterrnine such application, and make such order thereupon as he shall think fit, whether you 
 anal) be then present or not. 
 
 II. 
 
 Summons on a Devastavit. — (Section 80.) 
 Ii^ Ihe Division Court for ihe County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 
 C. D., Executor of £. F., deceased, 
 
 T, -, -. . , Defendant. 
 
 10 O. D., the above named Defendant, 
 
 You are hereby [as before (or as often before) you were] summoned to be and appear «t the 
 
 
., Plaintiff, 
 int. 
 
 pear at the 
 in the 
 ill the 
 Action for 
 :e(l, and in 
 gainst you 
 
 Clerk. 
 
 liff [if the 
 or to take 
 », and if a 
 \ction be 
 within the 
 ! Division, 
 
 5 . 
 
 rted in the 
 
 gment has 
 Amine you 
 5 Debt [or 
 the nneans 
 ; the said 
 property ; 
 'Statute in 
 I hear and 
 lether you 
 
 sed, 
 
 SCHEDULE OF FORMS, COUNTY OF 8IMC0E. 44 
 
 next Sittings of this Court to be hoiden at in the Township of on the 
 
 "" ^ iiuy of A. D. 185 , at the hour of in the forenoon, to 
 
 answer the above named Plaintiff in nn Action of Contiaci, for ihat you the Defeii'laiit have 
 withheld and wasted divers goods and chattels which were the propeity of E. 1' . deceased, at 
 the lime of his death, and which came to the hands of you, the Defendant, as Executor ol the 
 said E F to be administered, whereby a certain judgment recovered against you by Ihe Plaintiff 
 at the Sittings of this Court, on at for remains unsatisfied, 
 
 and in the event of your not appearing, the Plaintiff may proceed to obtain Judgment against 
 you by default. 
 
 Dated this ^"y"!". M .• • ^'^'i^f ' 
 
 [Add Notice as in Form I.] 
 
 III. 
 
 ArriDAViT or Servick of Summons out of the Division, or in case of uNAVoiDADLii 
 ■^ ADSENCE OF Bailiff.— (Seclion 88.) 
 
 Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 Division Court of the said County [or of the said Court] male- 
 
 Sworn before me at . ■,, ,or ^ v v 
 
 this day of A D. 185 .V E. F. 
 
 Clerk 
 
 In the 
 
 E. F., Bailiff of the 
 
 uccessuuijr iia»ciii 
 
 A. D. 185 . [ 
 Division Court. ) 
 
 IV. 
 
 Particulars in Cases on Contract. 
 A n nf claims of C. D., of the amount of the following account [,or 
 
 the .mount of the Note (a copy of which is underwritten) together with interest thereon.] 
 
 V. 
 
 Particui.aiis in Cases of Tort. 
 . B of stales that CD., of did on or about the 
 
 '' 185 
 
 day of 
 
 ' ' n.''l i/y ?L7"tira^emaybe,stating'ST^^^^^^^^^^ 
 i^uagTral!!! V a h1.;h^sL£iueV!her:b; dTmVge's to the^rrount of / and claim. 
 
 guage.j • , --, 1^ 
 
 the same of the said C. D. 
 
 A. B. 
 
 VI. 
 
 PvRTicuLARs IN Actions against aClerk or Bailiff and his Sureties. (Section 22.> 
 ' A.TorTc.: claims of C -, ^e^. [or U.U.n^of the ^^„^,,^-- ^-L^-^^ 
 
 »1 D., tea coven^f ^rJhe^u 'p^£^^ 
 
 for monies had and re eived by .he sa.d^U L). ^^^^^^ ^^^^^^ ^^^ ^^.^ ^ 
 
 said, in a certain cause in ine saiu ^ g ^ payment whereof 
 
 Plaintiff and one H H. ^"«„Vf '^"^f '^J ^stlt ng n 1 ke m^^ claim]-[or 
 
 the said C. D. unduly ^l^hhoWs- A"f «7 1'^^^^^^ ^^^ ^j;^ misconduct ior neglect] 
 
 the sum of for damages «"f^'' "^ W"^^^^^^^ hi^ said office, for thai on the 
 
 of the said C. D. in^the performance^of the duties ol his^sa.^^ inordinary language the neglect 
 
 or misconduct whereby the damage was occasioned).] ^ ^^ 
 
iWgWi!iiaiMiBMmn«<»i»i . 
 
 48 
 
 SCHEDULE OF FORMS, 
 
 In the 
 
 VII. 
 
 Notice of Set Off.— (Section 43.) 
 
 DivUicm Court for the County of Simcoe. .„„,,._ 
 
 Between A. B., Plaintin, 
 
 and 
 C. D., Defendant. 
 «,!_ ni • .«■•. r.„n!roi1 tn lake notice that the Defendant will, at the hearing of thia cause, 
 elaT-i^'lrJfagar any De^r^v^ragainst him by the Plaintiff. The particulars of the 
 Defendant'! set off are hereunto annexed. ^^ ^^^ 
 
 Dated ^_^^ 
 
 VIII. 
 
 Notice of Defence unber Statute.— (Section 43.) 
 
 JJ^ ^|^^ Division Court for the County of Sirncoe. 
 
 Betweeh A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 Tk-Plainfiffisreauirpd to take notice that upon the hearing of this cause the Defendant 
 The Plaintiff IS re^uireaio upo„ , he following ground of defence, namely s that the 
 
 cS fir'^hlc^h^lthrKda^"^^ summonedf ha. been barred by the Statute of 
 
 limitations, [or as the case may be-] - ^ 
 
 Dated day "J' l 
 
 A. D. 185 . S _„_ 
 
 IX.— (Not Approved.) 
 
 X. 
 
 Notice of Admission to Save Unnecessary Expense in Proof. 
 
 In the Division Court for the County of Sirncoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C, D., Defendant. 
 The Plaintiffis required to take notice, that the Defendant will admit, on the trial of this 
 cause! the first, secon-i and third items of the PlaintifPs particulars to be correct Lor the signing 
 and endorsement .' the Promissory Note sued upon (or as the case may be.)] 
 Dated day of 185 . ^ ^^ 
 
 N. B. This Notice may be embodied with notice of set off, or of other defence. 
 
 XI. 
 
 Confession of Debt after Suit Commenced.— (Section 54.) 
 jn the Division Court for the County of Sirncoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 I acknowledge that 1 am indebted to the Plaintiff in the sum of and consent that 
 
 Judgment for that amount, and Costs, may be entered against me in this cause according to the 
 pructice of the Court. , , iqk 
 
 Witness, Dated the day of 18o . 
 
 ^•"^' CD. 
 
 XII. 
 
 Affidavit of Execution of Confession. — (Section 54.) 
 
 In tlie Division Court for the County of Sirncoe. 
 
 Between A. B., Plaintiff, 
 and 
 
 E. F. Clerk Cor Bailiff) of the 
 
 C. D., Defendant. 
 Division Court for the said County [or of the said 
 
B., Plaintiff, 
 
 idant. 
 
 r this cause, 
 
 :ular8 of the 
 
 C. D. 
 
 B., Plaintiff, 
 
 ndant. 
 
 le Defendant 
 eiy ) that the 
 he Statute of 
 
 C. D. 
 
 or. 
 
 , B., Plaintiff, 
 
 ndant. 
 
 trial of this 
 or the signing 
 
 C. D. 
 
 i. B., Plaintiff, 
 
 hndant. 
 
 I consent that 
 
 :cording to the 
 
 CD. 
 
 L B., Plaintiff, 
 
 endant. 
 
 [or of the said 
 
 COUNTY OF 8IMC0E. 
 
 4d 
 
 Pourtl maketh oath and saith thnt lie, thist'-ponent, did spc the tthoveConfessDn duly executed 
 W the said Defendant, and that he is a subscribing wilness Iheruio. and (urther that he depon- 
 ent "as not receiv.'d, and is not to receive, anything from the I'laint.iror Defendant.or any other 
 peieon [except his lawful fees] for taking such confesaion, and that he has no interest in ina 
 demand, sought to be recovered in this action. 
 Sworn before me i.t _ "« ) „ -, 
 
 the day of lia •> ^•*' 
 
 A Commisjioner in B. R. Jn and for the said County [or Glerk, ic] 
 
 XII£. 
 
 Summons to Junous. — (Section 35.) 
 
 In the Division Court fur the County of Simcoe. 
 
 You aro hereby sunrr.oned to apj.ear and nerve as a Juror in this Court to be holuni at 
 louB.j j^ ^^^ ^^^^ ^^ upon ihetrial of a cti tain cause wherein 
 
 is Plaintiff and is Defendant— herein fail not at your peril. 
 
 Given uiider the Seal of the Court, this day ol 
 
 To 
 
 185 
 
 Clerk. 
 
 XIV. 
 
 Summons to Witnkss. — (Section 48.) 
 j„ lite Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 
 You are hereby required to attend at the Sittings of the said Court, to be holden at 
 
 You are nereoy require ^^_ ^ ^^ ^^^ ^^^^^ ^^ .^ ^^^ forenoon, to give evidenco 
 
 fn th« «h->ve cause on behalf of the above named [and then and there to have and 
 
 produce^i'teiScular documents rt luiied) and all other papers relating to the said action m 
 
 your custody, possession or power.] , , c 
 
 Given under the Seal of the Court, this day of 
 
 To 
 
 185 . 
 
 Clerk of the said Court. 
 
 XV. 
 
 Order for Adjournment. 
 JJ^ ^f^^ Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant 
 
 Ordered that the Trial of this Cause be adjourned until 
 conditions of the adjournment if any.] ^^ ^^^ ^^^^^^ 
 
 Dated 185 . . 
 
 [here btate the terms or 
 Clerk. 
 
 XVI. 
 
 Judgment against Defendant for Debt or Damages. 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 1- I- J .u»» 4Ko Plaintiff do recovet against the Defendant Pounds Shil- 
 
 ,.lV!„"^"'^«'^''p^:;L\^%^nd it is Orde "d. That the Defendant do pay the same, with the Costs 
 of Suirto the Clerk of the Court, wilhm days. 
 
 Dated 183 . 
 
 E 
 
eo 
 
 i i 
 
 1) 
 
 Jn Itn 
 
 SCIIEDULK OP FORMS, 
 XVII. 
 
 JUDOMENT FOU DEFENDANT. 
 
 Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 mid 
 C. I)., Delenilant. 
 
 " ^' "r;t '-."if:".::";,'"" '^°'""„.'5:,S:;:i''!-,.rL' »",:„£ ,1';i;;;;"i:;L!'.! rrhi; 
 ssii;i«:: A;./i*ro::i.«j.Th.."..ri.Lh,,,ir,,«p,,, ,b. ..,■,, >„ .b« ci.,k „, >h. 
 
 <Joiiri wiihiii <l»ys- Judge. 
 
 Dated 18* • „ ^__ 
 
 xvm. 
 
 Judgment for Defendant on Set off. 
 /n the Division of the Cunnty of Simcoc. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 Jiiiiutr' •^" ■";.^:S:;!,t .'ss'sts iV.S;^rp.y >h. ...r:;': ... ...» 
 
 olsuii to the Clerk of the Court wiihin d^ys- 
 Dated 185 . , """"^ ' 
 
 XIX. 
 
 Judgment of Non-Suit, on Dismiss for want of Prosecution. 
 //. the Division Court for the County of Siincoe. 
 
 Between A. B., Plaintiff, 
 
 C. D.. Defendant. 
 It i3adi..dgedrhat a Non^ui^o entered in ^is^a..e for that th. can. ^ .rue. cu.t oMhe 
 
 r"e'"L7:li!':ni^'^he'SlttrJo;u of Sui. be paid by the Plaintiff to the Cle.k of tb. 
 Court, within days. j^j 
 
 Dated, 1«» • .^ .^^..^ ^v-^ 
 
 XX. 
 
 Ordinary Judgment against ExECirrons. 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 
 C. D., Executor of E. F., deceased. 
 
 Defendant. 
 
 It is adjudged that the Plaintiff do recover against the Defendant, as Executor as "•"r^aW, 
 
 the sum "t- and his Costs of Suit to be lev.Ki out of he goods of the 
 
 inesumoi , . ., u„,,js. to be admin stered,—fiiilin« sucn !i""ds, the t osts to bn 
 
 leSoit if Setndanl's own goods. Dele.:dunt o.der'ed to pay the said su.n and costs withio 
 
 Dated, 18o . ^ •• 
 
 ~ XXI. 
 
 Judgment for Plaintiff on Devastavit. 
 I^tltt Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 C. D. .Executor of E. F., deceawd, 
 Defendant. 
 
 It is adjudged that the Defendant has withheld and wasted divers goods and chattels vhich 
 
)., riaintiflT, 
 
 lant. 
 
 do recover 
 ill, wiih hit 
 leik ul' ihe 
 
 Judge. 
 
 laintiff, 
 )ereri(lant. 
 
 (l8 
 
 iih tbe cotta 
 Judge. 
 
 B., Plaintiff, 
 
 dant. 
 
 :k out of the 
 ii is ordered 
 Cleik of tbe 
 
 Judge. 
 
 If, 
 
 F., deceased, 
 
 efendiirit. 
 as iit'orfsaiil, 
 goods of the 
 
 > Costs to bA 
 
 d costs wilhio 
 
 Judge. 
 
 intiff, 
 
 . F., deceaied, 
 )efendant. 
 
 chattels vihich 
 
 COUNTY OF SIMCOE, 
 
 11 
 
 were tbe properly of deceaspd. whereby a certain JiiHi?ment recovered by Ibt 
 
 Plainliff r.ii in Ihe Diviiion Court for (he County of for 
 
 Debt and Co^ts remaini Un««ti^(i.■d. And it is Ordt-rnl, That ibf DefendnnI do 
 nny lli« nmnunt of ilie ssiid Judgmuiit so uti».ui»(itil. with inifrcsl ih-THon from the date thereof, 
 amouniina to iho sum of togetbtr with the Costs of this Suit, to the Cleik of tb« 
 
 Court, within days. 
 
 Dated, 185 . J"a««- 
 
 XXII. 
 
 Summons to snow Causb in Aj-plication fou a New Trial. 
 /,! the Division Court for the County of Siincoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 To the .nbove named ) 
 
 Plaintiff (or Defendant). ) 
 
 You are hereby summoned to be and appear at the next Sillings of Ibis Court, to be bolden 
 at on the day of at the Lmir of ,'°*''T 
 
 cause why Ihe Judamont rendered in this Cause, at the last Siit.n-s ol this Court and a,l tuh- 
 Sfooeni i)rorer(lini:8 bhould not be 8el aside, and a New Tiial o.deied on grounds disclosed in 
 the p.meis filed [copies w he.eof a.e hereunlo annex-d], an:' in the event ol your not so apjiear- 
 ing li,^ |„ >y |)io(T.<l lo obiain nil Older lor ii New Tu.ii, us of course. 
 
 In Ihe mean time all proceedings in this rausc arc tlayed. 
 Dated this d..yof 18. . By the Court, 
 
 ' Clerk. 
 
 Talce Vo/irc— That if ynu rpqiiiro to use nny Affidavit in Showing Cause against the applica- 
 tion for a New Tri.il, a mpy thereof must be d. Iivered to ihe said or lelt at hii 
 usua place of abode If living' wiihin the Division, or left wilh the Cleik o the Paid Cou.t, if 
 the said reside without the Division, four clear days before the day of hearing. 
 
 XXIII. 
 
 OuDER FOU New Trial. 
 In the Division Court for the County of Simeoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 It is ordered that the Judgment rendered in this cause, and all subsequent firoreedings beset 
 aside and a New Trial be had between the parties on [set out the terms or conditions, il any, on 
 which the order is made.] Judge. 
 
 Dated 
 
 185 
 
 XXIV. 
 
 Ordeu fou Imposition of Fine for Contempt.— (Section 75.) 
 At the Division Court for the County of Simeoe, holden at on the 
 
 day of 
 
 Wh-rpa. of on tbe day and at tbe place aforesaid, in open Court ^t the 
 
 Si.Un'sof thesaid Court now here hold^ did wilfully'insjult r'i''^''^TfrVnZ 
 
 « .1 Cou. for did in the view of the Court wilfully insult Clerk {or Bailiff) of the 
 
 'a J Cou .; U ling 'his aUe.idance in -he said Court (or did ^'i/f^lly /'''-^l '^'^' n'7^{.'"f,\*| 
 
 the said CourtOl Now the sa.d Couit doih hereby order and adjudge that the said L. F. shall 
 
 "VivTnundeVthe'Sealoflhe Court this ''«y °f A. V. Iso . 
 
 By the Court, ^^^^^^ 
 
if 
 
 62 
 
 SCHEDULE OF FORMS, 
 
 OHDER FOR THE IMPOSITION OF A FiNE ON A J.HOK FOR NON-ATTENDANCE.-(SeCtion 35.) 
 
 ?„T Division court for tke County of Sjncoe, kolen at .n ike sa.d 
 
 ■'" *** County, on the day of 1S5 . 
 
 , .„ 4U« rmirt that of was duly summonea 
 
 Whereas it has been '"''de appear o the Court that m ^^^ ^^^^ 
 
 to attend at this Court, now here holde^^^^^ ^^.^^ ^^^^^^.^ Court doth 
 
 did not appear at the said C°»'t'n obedience to ine ^ ^^^ ^^ ^^_, ^^^^^ ^^^^^,^^ ^^ 
 
 hereby order and adjudge that the saia ^ j, [or forthwith.] 
 
 the Clerk of the said Court on or before the ^^^Court, 
 
 Given under the Seal of the Court ? 
 
 the day and year first above written. J 
 
 Clerk of the said Court. 
 
 XXVI. 
 
 Order for imposition of Penalty on Witness.— (Section 48.) 
 In the Division Court for the County of Simeoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 Whereas it hath been made appear to the Court that of was duly summoned 
 
 toKml appear as a Witness in this Action at the Sittings of this Court, on this day and at 
 to be anci appear as. a ^^ j ^1^^ ^^ produce 
 
 this Pl''"' ^X y se may be)] and tSaf payment [or a tender of payment] of his reasonable 
 exnenses ^was duly made to him the said and whereas the said did not appear 
 
 inffiie„« to the said summons [or having appeared ,n pursuance of the sa.d s"/"/"""' ^id 
 wiSy refuse to be sworn and give evidence in the sa.d Action (or to produce such &c.)] O, 
 Z\.irlL of being before the said Court at the Sittings thereof on at 
 
 and being called upon to give evidence in the above cause did then and there wilfully 
 refuse to be sworn and give evidence. Now the said Court doth hereby order and adjudge that 
 the said shall ply a fine of for such neglect [or refusal,] to the Clerk of this 
 
 Court, on or before the 
 
 day of 
 
 185 , [or forthwith] and that the sum of 
 
 part of the said Fine shall be paid by the said Clerk to the 
 injured, by such neglect [or refusal] of the said 
 Tiven under the Seal of the Court this day of^ ^^^ ^^^1^85 
 
 in this Action, being the party 
 
 Clerk. 
 
 I 
 
 XXVIi. - 
 
 Execution against the Goods of DefeiNdant. — (Section 53.) 89. 
 /b thi Division Court for the County of Simeoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 Whereas at the Sittings of the said Court holden on at , by the Judgment of 
 the said Court the said Plaintiff recovered against the said Defendant the sum of Pounds 
 Shillings and Pence, lor a certain Debt before that time due and owing to the said 
 Plaintiff for for certain damages susiained by the said Plaintiff] together with Costs of Suit in 
 that behalf expended ; which said Debt [or Damages] and Costs were ordered to be paid by the 
 said Defendant at a day now past. And whereas the Defendant has not made such payment : 
 these are therefore [as before (or as often before)] to comnnand yon forthwith to make and 
 lew by distress and sale of the goods and chattels of the Defendant, wheresoever f same may 
 be found within the County of Simeoe, [except the wearing apparel and bedding of the said 
 Defendant or his family, and the tools or implements of his trade, it any, to the value of ±5] 
 the said Debt [or Damagps] and Costs amounting together to the sum of and your 
 
 lawful Fees on the execution of this precept; and also, and if necessary for that purpose, to 
 "seize and take any Money or Bank Notes, and any Cheques, Bills of Exchange, Promissory 
 Notes Bonds.Specialities, or Securities for Money, of the said Defendant which maybe there 
 ibund' or such part thereof as may be sufficient for the satisfying of this Execution, and the 
 vCosti OX xnaii^iQg ^'^^ cActuuns uiv c?ai«f^.j ^^^ v..^- j« «j ' *-* 
 
jction 35.) 
 1 the said 
 
 summoDed 
 d 
 
 Court dotb 
 default, to 
 
 Court. 
 
 B., Plaintiff, 
 
 idant. 
 
 y summoned 
 
 day and at 
 
 to produce 
 
 is reasonable 
 
 id not appear 
 
 iummons did 
 
 :h &c.)] Or 
 
 at 
 
 here wilfully 
 
 I adjudge that 
 
 Clerk of this 
 
 lunn of 
 
 ting the party 
 
 Cl«rk. 
 
 89. 
 
 . B., Plaintiff, 
 
 •ndant. 
 
 e Judgment of 
 
 Founds 
 g to the said 
 B(s of Suit in 
 be paid by the 
 iich payment: 
 
 to make and 
 t' same may 
 ig of the said 
 
 value of jC5] 
 
 and your 
 
 it purpose, to 
 
 e, Promissory 
 
 may be there 
 lit ion, and the 
 f 
 
 
 COUNTY OF SIMCOE, 63 
 
 Tflthin thirty days after the date hereof, and pay the same over to the Clerk of the Court for the 
 
 day of 185 . 
 
 said Plaintiff. 
 
 Given under the seal of the said Court this 
 
 To I 
 
 Bailiff of the said Court. y 
 
 Debt (or Damages) £ 
 
 Costs £ 
 
 Execution £ 
 
 Clerk. 
 
 . XXVIII. 
 
 Execution Against Goods of Plaintiff.— (Section 83.) 
 
 j^ fjig Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendaiit. 
 
 Whereas at the Sittings oHJis ^jt hol^^^ ^_^^.^al ^.^^ ^^ ^^^ ColnV^^^lZt 
 
 ^^ntS^S^^ - Xts COS. by the fcS^ 
 ^-'TM r £er ^-^and you .rthwi^^ 
 
 same may be ,<«pnfj^''hmrt>e County of^^^^^^^^ trade.^Fany. to the value of 
 
 the said Plaintiff or hi8 family, and lj«^°°^ J-^^^f , ^ees on the execution of this precept, and 
 JE5] the said sum of „„™ to seize and take any Money, or Bank Note9> and any 
 
 also, andif necessary for that purpoe,!^^^^^ or Securities for money, of 
 
 Cheques, Bills of Exchange, l^^'"'?'^ "'.?„„ , „' g„„h nart thereof as may be sufficient for the 
 the said Plaintiff which may be J"« j'^"" '' "^S." the same, o that you may have the said 
 •atisfying of this exexu,.on,^and^th^e^Cc,s^^^^ ^^^ Y ^^ J^^ ,„ ,,, Clerk 
 
 ^'^^i^e'nrdJMKuftLTcrnthis day of 185 . 
 
 ij-j, > Clerk. 
 
 Bailiff of the»ftidC«u«t. J 
 Judgment, £ 
 
 Costs £ 
 
 Execution, £ .,<«,>«« 
 
 XXIX. 
 
 Execution Against Goods of Testator. 
 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and „ „ , 
 
 C. D., Executor of E. F., deceased. 
 Defendant. 
 
 . . -, ■ 1. 1 1 _ «„ nt by the judgment 
 
 Whereas at a sitting of the said Court hol^^^^^^^^ Defendant, as Executor [or as 
 
 of the said Court, the said Pl«"" '^"'^fj' „f ''^"'" for a certain debt before that time 
 
 Administrator] of E. ^v d;ceasef;Jf,^^"^ ; t^er with his costs of 
 
 due, and owing to the said J'^'"' f^^^/ ' J^// 3„d it „ by the Court, that the De end- 
 
 auit'by the Plaintiff, in (hat ^^^J? ^ f^^^f j''' "no^ past, and thel)efendant has not paid the 
 ant should pay the same ""ordiiigly, at a day now pas , disiress, and sale of 
 
 same, these are therefore to rommand y°"^ J^'/ ^e ^Tid E F.. in his lifetime, in the hands 
 the goods and chattels vv^ich were the popertyo^^^^^ ^^^^^ ^^ .^^.^^ ^^^ ^^ 
 
 sJ.;5;e?Srs^ia^rbraS'"thrS 
 
 r±;:or i:S: Kr°.nd":;;'«SsrB^Srr^xU^^^^^ Vro';„issory Notes, Bond., 
 
HHM 
 
 64 
 
 SCHEDULE OF FORMS, 
 
 f 
 
 :) i 
 
 rT' ''?;1';::: ;: {^ esfki^^n^ o. Ihls execution h„.1 levyi„ij .he same, SO that 
 
 ;r mVy?r;t I«:rn.o;:';s - -hi,..v .l.ys ane. a. au.e he.eof. a..d pay .he same over 
 10 the Cleik of .he Coiirl for llie siii<l Plaitiliff. 
 
 Given under the Seal of .he Court, this 
 
 day of 
 
 185 
 
 To i rierk 
 
 Bailiff of tiie said Court $ a.ic.». 
 
 Debt £ 
 
 Costs £ 
 
 Execution . . •£ ..,.^^^ - 
 
 XXX. 
 
 Summons to Plaintiff on Inteupi.eader.— (Section 102.) 
 Jn the Division Coi'rt/or the County of Simcoe. 
 
 Between A. B., PlainlifiF, 
 
 and 
 C. D., Defendant, 
 ■y^^jjgrpas of hath made a claim to certain goods [or to certain 
 
 secuiilies or money, (as the case may be,1] vvhirh have been seized and taken in execution 
 for attached] under and by virtue of process isMiiim out of this Court, in this action, you are 
 therefore hereby summoned and lequi.ed to be and ap^ar beloie the Judne o( the said Court, 
 ^( uf, at ine hour of when the said claim will be adjudi- 
 
 cated upon, and such order made thereupon as to the Court shall seem fit. 
 
 Given under the Seal of the Court, this day of ,/.. ■ , r-^.„. 
 
 Clerk of the said Court. 
 
 To * the above named Plaintiff. 
 
 N B The claimant is called upon to give the particulars of his claim, which you may 
 
 inspect on application at the office of the Clerk of the Court, five days before the day o( 
 
 hearing. , ^ , 
 
 XXXI. 
 
 Interpleader Summons to Claimant.— (Section 102.) 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintif, 
 
 and 
 C. D., Defendant. 
 You are hereby summoned and required to appear at a Court to be holden on 
 ^l touching a claim made by you to certain goods an<l chattels [or monies, &c., or 
 
 securities (as the case may he)] seized and taken in execution [or attached] under process 
 issued out of this Court in this action, and in default of your then establishing such claim, the 
 said goods and chattels will be sold [or the said monies, &c., paid and delivered over,] according 
 to the exigency of the said piocess, and take notice that you are required five days before the 
 said of to leave at the Cleik's Office a particular of the goods and 
 
 chattels so claimed by you, and the ground of your claim. 
 Given under the Seal of the Court, this day of 185 . 
 
 Clerk of the said Court. 
 To ? 
 of $ __, 
 
 XXXII. 
 
 Particulars of Claim on Interpleader. — (Section 102.) 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 To whom it may concern. 
 A. £. oi elaiiijs as his prupefty, the followirtg gocd^ and cbatieis £cf uionica, 
 
 ac.j 
 
 'W^^^'V^if- 
 
COUNTY OF 8IMC0E. 
 
 6$ 
 
 seized and taken in execniion [or attached] undfr process issued out of tiiis Court in this action, 
 as ii is aliegpd, nnmely. [spccily ihe goods and chiiliels or chattels or moi.JFS. &e., claimed,] 
 antl the "loiimls olcLiirn are, [set foiih in ordinaiy larignai^e, ihe particulars on which the 
 claim is'gi'Hiiided.] and ihis ihe said A, U. will maiiilain and prove. 
 
 (N. B.^ll any aclion for ihe seizure has been commenced, slate in what Court and how action 
 
 stands.) , , a n 
 
 Dated this day of A. B. 
 
 xxxfii. 
 
 Order on Interpleadeii Summons. — (Section 102.) 
 In, the Division Court for ihe County of Siincoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 It is hereby ordered touching the claim of to certain goods and chaliels [or as the 
 
 case may bej seized and taken in ext-culion [or attached] in this aciion which the said 
 has bee'ir summoned to support his claim at this Court, that the said good 
 moneys &c., or pitt thereol, to wit : (•.pecilyins thsm)] are the properly nl the said 
 [oroftl-'esaiddelendHnl. (or are not the property of the said : , ■ 
 
 and it is further ordoied [.idd any order which the Judge shall think fit to make as to the disposal 
 of thesuhi-cl matter, &c..] that the costs of this proceeding be paid by the said -•'- 
 
 Clerk of the Court, at his office for the use of the said "" - >^°f"- '* 
 
 185 . 
 Ua Jed this day of 135 • 
 
 and chattels [or 
 ) (as the case may be.)] 
 
 on or before the 
 
 to the 
 daytf 
 
 Judge. 
 
 XXXIV. 
 
 Summons on behalf of Exkcutor to revive Judgment.— fSection 73.) 
 
 In ttie Division Court for the County of Simcoe. 
 
 No. of Demand 6. \ Between A. B., Executor of C. D., deceased, 
 
 "^ Year No. 80. \ ^^j P''»"i'«» 
 
 E. D., Defendant. 
 To E. D., the above named Defendant. 
 Whereas at the sittings of this Court [or of the late Court of Request, known as Division No. 
 in and for the then District] held at «"' , the above named 
 
 C. D.. in his lileiime obtained a Judgment against you for the payment of which Jude- 
 
 m^nt a transcript whereof is hereunto annexed, slill lemains unsaiished, and the said Plaintiff, 
 Z Executor as aforesaul, claixs to have h.s execution Iheieupon against you. You are there- 
 fore hereby summoned to appear at the next Sittings of this Court to beholden at on 
 &c at he Hour of '<) answer to the said Plaintiff, and to show cause, if any you have, 
 whv Ihe said Plaintiff as Executor as aforesaid, ought not to have his execution against you to 
 recover the said Judgment. And in the event of your not appearing, Judgment herein will be 
 entered against you by your default. 
 Dated this day of Di^ • 
 
 By the Court, 
 
 Clerk. 
 
 Summons to revive 
 
 In the 
 
 No. of Demand?. ) 
 Year No. 81. S 
 
 XXXV. 
 
 Judgment as against Executor. — (Section 73.) 
 Division Court for the Countij of Simeoe. 
 
 Between A. B., Plaintiff, 
 \ and 
 
 ' ' C. D., Executor of E. F., deceased, 
 
 , . , > Defendant. 
 
 Amount claimed C 
 
 Costs exclusive of Mileage ) 
 
 To C. D., the above named Defendant. 
 
 Whereas at the Sittings ol this Court [or of the late Court of Requests known as Division No. 
 in and for the hen District] held at on &c., the said Plaintiff obtained 
 
 in Biiu lor me men _ . _j^ ^ — , _ which Judgment, a transcript 
 
 & jaagoaeni agaiusi. 
 
 • u. ..;>i r> 1? in hia lir<>time for 
 
 mc w-^ < 
 
MMirii""-*""^''"-'' 
 
 1- I 
 
 U li 
 
 "1^ 
 
 ^Q SCHEDULE OF FORMS, 
 
 hour of to answer to '^e said nainiin, Executor as aforesaid, to .ecover 
 
 said Plainliffought not to have hisexecu^^^^^^^ ^^^ property of the said 
 
 r f" in'h s^r^^^e,' n 'j Lf hit tl°beXinistered. And in the event of your not appear- 
 fngfjudgme:.! herTn willL entered against you by your default. 
 'Dited^hi3 day of ^/fo^ c„„,^, ^^^^^ 
 
 XXXVI. 
 
 DKCREr ON BEHALF OF ExECUTOit TO REVIVE JUDGMENT.-(SeCtioil 73.) 
 
 r„ .1, Division Court for the Courtly of Simcoe. 
 
 ^" Between A. B., Executor of C D., deceased, 
 
 Ji'laintin, 
 and 
 E. D., Defendant. 
 
 It is decreed that a -t-in Judgment p^^^^ 
 J'^'f The'sS"'"' '' "''"'tin! the alSount retSaSiing unsatisfied on the said Judgment, 
 to tKleTof the Court within days. 
 
 Dated this day of l»«> • judge. 
 
 XXXVII. 
 
 Decree to revive Judgment as against ExECUTOR.-(Section 73.) 
 In the Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Executor of E. F., deceased. 
 Defendant. 
 
 n is decreed that a certain Jad|ment[.^^ rafSe^/id^Td"!? inStarthrD'efetlSi! 
 J'""vKm of '''''"'""' bdn^g"he"lmort'?rmai«ing unsatisfied on the said Judgment, 
 fo tW Clerk of the Court within days. 
 
 Dated this day of 185 • jujg,. 
 
 XXXVIII. 
 
 Execution against Execittor on Decree to revive Judgment.-( Section 73.) 
 In tite Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Executor of E. F., deceased, 
 Defendant. 
 
 Whereas at a Sittings on^l^f^Co.n^^^^^^^^ ^^ the'Et^nsMh; 
 
 certain Judgment Cf ^ ""^ fj" f " "^it "'^^^^^^ that the Defendant 
 
 Defendantas Executor as alo.esaid; ""^^/^^^^f^Varunrremaining unsatisfied on the said 
 
 should pay the sum of „ . J^'ij^iyj^^^^ These are therefore 
 
 Judgment] at a day nov^ past; and the D^^^^^^ ^^,^ ^^ ^^^ ^^^ ^^,^^^^,3 
 
 to command you f'"^'^^^ilh to nnake ana levy uy m e, Defendant 
 
 ^hicb were the property^^^^^^^^ ^.^„„ ^ Si^,„,, ^.esaid 
 
 ,0 be administered, ^^"^^^^''^^^^^^^^^^ Execution. And also, and if necessary for 
 
 "I"" "^ a tn «pi7P and takranv Money or Bank Notes, and any Cheques, Bills of Exchange, 
 
COUNTY OP SIMCOE. 
 
 67 
 
 the cosis of executing the same, so that you may have the sum of within thirty dayi 
 
 after the date hereof and pay the same over to the Cleric of the Court for the said Plaintiff. 
 Given under the seal of the Court this day of 185. 
 
 By the Court, 
 
 To ^'"^- 
 
 Decree for 
 Interest . . 
 Execution 
 
 XXXIX. 
 
 Transcript of Judgment under 57th Section. 
 
 In Iht Division Court for the County of Simcoe. 
 
 Between A. B,, Plaintiff, 
 and 
 C. D., Defendant. 
 The following proceedings were bad : 
 
 On the day of a summons requiring the Defendant to answer the 
 
 Plaintiff's claim for a Debt lor for Damages] amounting to £ was issued out of this 
 
 Court in this cause according to the Statute in that behalf, on the day of the 
 
 said Defendant was duly served with a copy of the said summons, and of he particulars 
 of the Plaintiff's claim by a Bailiff of the Court bt the Sitting* 
 
 of the said Court liotden on at the said cause came on to be tried, and the 
 
 following Judgment was then and there rendered by the Court: 
 
 " It is adjuiiged, &c., [here copy Judgment.] On the day of a Writ of 
 
 Execution upon the said Judgment was duly issued out of the said Court by the Cleik thereof, 
 which said Writ of Kxeculion was diiecled to , a Bailiffof the said Court, and com- 
 
 manded him the said to levy the sum of of the goods and chattels of the 
 
 said Defendant. On the day of ' the said retii.ied to the Clerk 
 
 of the Court the said Wiit of Execution with a return thereon endorsed in the following words." 
 [Copy Bailiff's Return.] 
 
 Pursuant to the 57ih Section of the Act passed in the Fourteenth Year of Her Majesty's 
 Reign, entitled : " An Act to amend and consolidate the several Acts now in force, resulalmg 
 the Practice of Division Courts in Upper Canada, and to extend the Jurisdiction thereof," I 
 Clerk of the said Division Court for the County of Simcoe, do hereby certify 
 
 and declare that the foregoing is a faiihful transcript of the Judgment and proceedings in the 
 above cause as shown and as appears by the original Entries and Records of the Court. 
 
 Given under the Seal of the said Court, this day of 185 . 
 
 Clerk. 
 
 Xli. 
 
 Certificate of Judgment for Registration. — (Section 58.) 
 
 In the Division Court for the County of Suncoe. 
 
 I, R. B., Clerk of the said Court, do hereby certify that Judgment was rendered in the said 
 
 Division Court, in lavour of Plaiiiiiff, against C. D. of Defendant, 
 
 on the day of in the year of Our Loru &c., in ai \ciion on Contract for 
 
 Pounds Shillings and Pence, Debt, togethei v.ilh Costs of Suit, 
 
 in all Pounds Shillings and Pence, which Defen''ant was ordered by 
 
 the said Court to pay— [or as the Judgment may be.] 
 
 Year No. 450. 
 No. of Demand 10. 
 Given under my nand and the Seal of the said Court this day of A. D. 185 
 
 R. B., 
 
 Clerk of the said Court. 
 
 Xlil. 
 
 Application for Judgment Summons. 
 To A. B., Clerk of the Division Court, County of Simcoe. 
 
 Ziv piSSSc'a iG StitsitsiOnS 
 
 of&c, to answer according to the Statute in that behslfj 
 
SCHEDULE OF FORMS, 
 
 58 
 
 touching the debt due me by the judgment [or order] of the 
 bebali"a copy of which is hereunto annexed. 
 
 Division Court, on my 
 C. D., Plaintiff. 
 
 li 
 
 1 
 
 Xlill. 
 
 Summons to Defendant aftku JuDGMENT.-(Section 91.) 
 
 In the Division Court for the County of Smcoe. 
 
 No. of Demand 5. ) Between A. B., Plaintiff, 
 
 C. D., Defendant. 
 
 Year No. 800. 5. 
 
 To CD., the above named Defendant. ^^^ ^^^ ^^^^^ ^^^^^ p,^.„,jff 
 
 Whereas at the sittings of this C^urt, neiQ ai t ^f which said judgment 
 
 obUinedajadgmen.Jororder^^^^^^^^^^ ,p , at ,he next 
 
 for ordei] slill remains unsalialieu— 'you a.c ^^^ ^^ ^^ ij^^ j^j,„f of 
 
 sittings of this Court to be holden at ^^^^^^ touching your estate and effeet., 
 
 to be then and there ^«='"^'"jJ,,54*J;„i" which you contracted the said debt [or «ncnrred the 
 and the manner and en cum tastes unlervvnK^ y .^ ^^.^^ ^^^ judgment ww 
 
 damages or liab.l.iy] wh.cl ^''^ »^;^^^i\^^^^ exnec.a.ions you then had. and as to the property 
 
 obtained agains- you, and «« \° he » a'^ . /amages, or liability, and as to the 
 
 and means you still have, of dsthargintneL^^^^^ ^^^^ ^^ j , 
 
 ^a^^ln^'^beXL'L^^o^Stmi1o^^ma•'y,^^ o^der ol this Court, be commuted to the 
 Common Gaol of the said County. 
 Given under the Seal of the Court, this day ^^^ ^^^^^^ 
 
 Amount o' Judgment, [or Cider,]. ... Clerk. 
 
 Costs of this Summons 
 
 XliIII< 
 
 Warrant of Commitment in Default of AppEARANCE.-CSectio.ns 92-95.) 
 In the Division Court for the County of Simcoe. 
 
 No. cf Demand 6 
 Year No. 801. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 
 To Baiiiffof th3 said Court, and toall Constables and Peace Officers of the County 
 
 of Sfmcoe. and to the Gaoler of the Common Gaol of the -^ C-n y. ^^ 
 
 Whereas at the Sittings of this Court, holden at on ne j ^^^ 
 
 the above named Plain titf, by the J^gt" e bo^V.LmS l^eVenda'nt fhe?um of for 
 
 Court had urisdiction recovered «g'''' ^' '^,'^^;'?°^iL s^Td Plaintiff [or for certain damages su.- 
 a certaiii Debt ^elo- th'^. nmedue and ^ ^L^_^,^. ^^ ^.,.^, ^^.^ 
 
 taned by thesaid Plaintitt.Jtogeinerwiui ^.i»» ^^^ j,,^ p„t. 
 
 Debt [or Damages] and Costs were "^ ^"^V ..^^h'^navme .runon apX of the Plaintiff, a 
 
 And whereas the Defendant not having madesu h P'^>^^^J^»;i'^^l^'^K!d Defendant, by which 
 summons was duly issued from and out "V^e said l-oui g ^^^^^^ ^^ 
 
 said summons the Defendant was requTed to «ppea at the ^^•" «« ° ^^^ ,, ;„ ,he 
 
 on &c., to answer such questions as ""'Sl'^ J« P^'J^^J Jjjgj sittings of the 
 
 aummons ]-And whereas 'f -- j^^^ ^P^^ ^^a ,y se'rved w't'^^S^ 
 
 said Court, that the said Defendant was P^sonany ser , suificient cause 
 
 the said Defendant did not attend as required by f'.'^t^XTud-'e of he said Court that the 
 for not so attending :-And thereupon u «- « rd^^f ^y '^' ^"'jfystott Common Gaol of the 
 said Defendant should J)e «:°'"7' ^^^'^J^. '^^^,l^Xi. that behalf; or until he should be discharged 
 said County, according to the f° '"."^ 'J^^„°^^^^^^^^ „f Parliament in that behalf. These 
 
 by due course of law, according «"_ tj'«„Pf°^'^;°':f °V,^,^ ^ „i,, jhe said Defendant and t., deli- 
 are therefore lo require you, uic "=;• ^'"■;7;,' ,;7,: g„:j Countv.— And you, the said Gaoler, ttfe 
 
on mj 
 iff. 
 
 COUNTY OP SIMCOE. 
 
 59 
 
 for the term of days, or until he shall be sooner discharged by due course of law, 
 
 according to the provision of the Act of Parliament in that behalf. For which this shall be your 
 sufficient warrant. ^ 
 
 Given under the Seal of the Court, this 
 
 day of 185 . 
 
 Clerk of the said Court. 
 
 Plaintiff, 
 
 t. 
 
 Plaintiff 
 
 udgment 
 
 I he next 
 
 of 
 
 d effects, 
 
 urred the 
 
 lent was 
 
 property 
 
 as to the 
 
 u do not 
 
 ed to the 
 
 ;ierk. 
 
 95.) 
 
 , Plaintiff, 
 
 ant. 
 
 Ihe County 
 
 f 
 
 therein the 
 for 
 nnages sua- 
 which said 
 now past. 
 Plaintiff, a 
 , by which 
 t holden at 
 t as in the 
 tings of the 
 nd whereas 
 icient cause 
 rt that the 
 Gaol of the 
 i discharged 
 ■half. These 
 and t.^ deii- 
 1 Gaoler, »re 
 )nnnnoD Gaol 
 
 liXIV. 
 
 Waiikant of Commitment afteh Examination. — (Sections 92-95.) 
 
 In the Division Court for Ihe County of Simcoe. 
 
 No. of Demand 6. ) Between A. B., Plaintiff, 
 
 Year No. 800. 
 
 and 
 C. D., Defendant. 
 
 To Bailiff of the said Court, and to all Constables and Peace Officersof the County 
 
 of Simcoe, and to the Gaoler of the Common Gaol of the said County. 
 
 Whereas at the Sittings of this Court, holden at . on the day of &c., the 
 
 above named Plainiiff by the Judgment of the said Court, in a ceriain suit wherein the Court 
 had iurisdiclion, recovered against the above named Defendant the sum of for a ccr am 
 
 Debt before that lime due and owing lo Ihe said Plaintiff [or for certain dannages sustained by 
 the said PlainilfT] together with Costs of Suit in that behalf expended,-which said Debt [o. 
 Damages] and Costs were ordered to be paid by the Defendant at a day now past.-And 
 Wherels the Defendant not having made such payment, upon applicalion of he Piamtiff, a 
 Tummons was duly issued from and out of the said Court against the said Defendant, by vvh.ch 
 said summons Delendant was required to appear at the Sittings of the said Cou t, ho den at 
 on &c to answer such questions as might be put to him touching [set out as m the 
 summon8.1-And"whereas the Defendant, having duly appeared at the said Court pursuant to 
 'Kid summons, was examined touching, &c.-And whereas It appjared on examination to 
 the satisfrcTion of the Ju.lge of the said Court that [here insert thepar.cular ground of commit- 
 ment in the language used in the Statute.] C. D., the said Defendant, incurred the Debt (or 
 Uabiiy)>he subject of this action under false pretences, [or by means of fraud, or breach of 
 
 rust -1 and thereinon it was ordere.l by Ihe said Judge that the said Defendant should be com- 
 mitted for the term of days to the Common Gaol of the said County, according to the 
 K of the Statute in that behalf, or until he should be discharged by due course ot law, 
 Iccorfigto heFo^ in that behalf. These are therefore to 
 Jequ're you? the said Bailiff, and others to take the sa d Delendan and to deliver him to he 
 Gaoler of "he Common Gaol of the said County ; and you the said Gaoler are hereby required 
 1^ receive the said Defendant and him safely keep in the said Common Gaol for the term of 
 to receive th« saul ^^^ ^^^,, ^,^ sooner'discharged by due course of law according to the 
 
 provisions of the Act of Parliament in that behalf. For which this shall be your sufficient 
 
 warrant. 
 
 Given under the Seal of the Court, this day of ISo . 
 
 Clerk of the said Court. 
 
 XliV. 
 
 Certificate fou Discharge of a Party from Custody.— (Section 99.) 
 In ihe Division Courlfor the County Court of Simcoe. 
 
 ,^ ,, ^ Between A. B. Plaintiff, 
 
 No. of Demand 5. ) ^^ j 
 
 Year No. 800. S C. D., Defendant. 
 
 T an h«ebv certify that the Defendant now in your custody under warrantof commitment in 
 
 |«fd and satisfied the debt [or damages,^^^^^^ respect thereof and the said 
 
 Knl^T^ay^K^e^cfot^suTwirrVn^t hU and out of your cust.iy. 
 
 Given under the Seal of the Court, this day of 185 . 
 
 au lu-^ ■>-■'' - ----.i. / vicfA. 
 
 Gaol of the County of Simcoe. J 
 
i 
 
 QQ SCHEDULE OF FORMS, 
 
 XLVI. 
 
 Warrant to Lew FiNE*uroN Witness.— (Section 48.) 
 In the Ditiiion Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 and ^ 
 
 C. D., Defendant. 
 
 wu .«„ nt the siltines of tlie said Court holden on at it was made appear 
 
 Wliereas a the sittings o ^^^ summoned to be and appear at the said s.iiings 
 
 i°.i ^.iVnJss n t his action [and also to prodi,ce-(as the case may be)] and that payment [or . 
 fpndpTof nuvmen ] o his reasonable expenses was duly made .0 h.m the sa,d and 
 
 l!£«s he JaTd did not appear at the said sittings in obedience to the said summons 
 
 rnr rpfiisan a fine of to the Clerk cMhe Couit on or before Ihe day ot 
 fo o thw.ihl And whereas the said hath not made such payment, these are there- 
 for lorinwiiiij. rvii .__^ ^ ,__ T . ,„,, „„„ ,„,,t,„.i,h i„ makP Hi.d lew bv distress and 
 
 KXS JJrr; 'h p:;f K:;f";; m>;y i;;-s;;fncient-i>;V;he satistyin^f this execution and 
 the costs on the same, so that you may have the said sum of within uay* an«r 
 
 the date hereof, and pay the same over to the Clerk of the Court, 
 Given under the Seal of the Court, this day of IW • 
 
 To Bailiff of ihe said Court. 
 
 Fine 
 
 Costs 
 
 Execution _,, ^.„„„.,,-~- 
 
 XliVII. 
 
 Warrant of Commitment for Contempt.— (Section 75.) 
 
 Jn the Division Court for the County of Simcoe. 
 
 To Bailiff of the said Court, and to all Constables and Peace Officers of the County 
 
 of and to the Gaoler of the Common Gaol of the said County. 
 
 Whereas at a sitting of this Court holden on at in open Court then and there 
 
 beina held of did willully insult Judge {or Deputy Judge) of the said 
 
 Coun roc did in view of the said Court vNiifully insult Clerk (or Bailiff) of the said 
 
 Court (or did unlawfully interrupt the proceedings of the said Court)], and thereupon 
 it was ordered and adjudged by the said Court thai the said should pay a 
 
 fine of for said offence, to the Clerk of the said Court, forthwith, and in default 
 
 of immediate payment of such fine that the said should be committed to Ihe 
 
 Common Gaol of the County, according to the form of the Statute in such case made and pro- 
 vided and whereas the said did not pay [or did refuse to pay] the said lirie «nd (be 
 costs, amounting together to the sum of in obedience to the said order— ihe se are 
 therefore to require you, the said Bailiff, and others to take the said if he shall be 
 found within the County of Simcoe, and deliver him to the said Gaoler of the Common Gaol ol 
 the County of Simcoe- and you the said Gaoler are hereby required to receive the said 
 and him safely keep in the Common Gaol aforesaid, for the term of unless the said fine 
 and costs, with the expenses attending the commitment, amounting together to the swin of 
 be sooner paid. 
 Given under my hand and seal this day of 
 
 Sealed with the Seal of the Court, } rL S.1 
 
 Clerk [L.S.] [ j^A^,' ■» 
 
 of the caid Court, j 
 
COUNTY OF SIMCOE. 
 
 61 
 
 
 XliYIII. 
 
 Form or Bond on Seizure oh Sale of Perisfiabi.e Property. — (Section 70.) 
 In the Division Court for the County of Simcoe, 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 
 Know all men by these prespnts that We, A. B., of [insert place of residence and ad- 
 
 dition] the nbove nanned Plaintiff, E. F., of &c., and G. G., of &r., are, and each of us is, jointly 
 and severally held and firnnly bound to of Ike, the above nanned Defendant, in the sum 
 
 of of lawful money of Canadn, to be paid to the said Defendant, his certain Attorney, 
 
 Executors, Administmlors and Assigns, for which payment well and truly to be made we bind 
 ourselves, our Heirs, Executors and Administrators, and each and every of us binds himself, his 
 Heirs, Executors and Administralois, firmly by these presents. 
 
 Dated the day of 
 
 Whereas the above named Plaintirt" halh sued out of the above named Court a warrant of 
 attachment against tht goods and chattels of the above named Defendant, and hath requested 
 that certain perishable propoity to wit : [specify piopeily] belonging to the said above named 
 Defendant, may be seized and forthwith exposed and sold under and by virtue of the said war- 
 rant of att'achment [or whereas certain piiis^ able property to wit : belonging 
 to the above named Defemiant have been seized uiuler and by viilue of a warrant of attachment 
 issued out of the above named Court, in the above named cause, and have been duly appraised 
 and valued at the sum of and are now in the hands of ihe Clerk of the said Court,-- 
 and whereas the said above named I'lainiiff liaih requested the said Cleik to expose and sell the 
 ■aid goods, and chattels as pe.ishable properly] acco.ding to the fo.m ol ihe Slali.le in that 
 behalf Now ihe condition of this obligaiion is such. Ihat if the said above named Plaintiff do 
 repay to the said above named Defendant the value of the said goods and chattels, together with 
 all costs and damages that may be incurred in consequence of the seizure and sale thereof, in 
 case Judgment be not obtained by the Plaintiff according to the true intent o( the 70lh Section 
 of the Act 13 and 14 Vic. Cap. 53, then this obligation to be void,— else to remain in full force 
 and virtue. 
 
 Signed and Sealed in the ^ A. B. [L. S._ 
 
 G." g'. [l". s! 
 
 presence of 
 
 \ 
 
 XlilX. 
 
 Form of Bond on Supersedeas to Warrant of Attachment.— (Section 67.) 
 /„ iJie Division Court for the County of Simcoe. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., Defendant. 
 
 Know all men by these presents, that We, C. D., of [insert place of residence and addition] 
 the abo^eamed Defendant, E. F. of &c., and G. G., of &c., are, and each ot us is, jointly and 
 .everallvheirand firmly bound to' of &c., the above named Plaintiff, m toe sum of 
 
 •**"""^ of lawlul money of Canada, to be paid to the said Plaintiff, his certain Attorney, 
 Executors, Administrators and Assigns, for which payment well and truly to ^e paid, we bind 
 ourselves our Heirs, Executors and Administrators, and each and every of us binds himself, his 
 Heirs, Executors and Administrators, firmly by these presents. Dated the day ot 
 
 Whereas the above named Plaintiff hath sued out of the said above named Court, a warrant 
 ofYtlachm^nt aga-nst the goods and chattels of the said i^bove named Defendant for the sum of 
 of """•^"""^ "8a>nsi^^^ ^fe J ^.^j^^ ^^ ^^^ g^ij ^^^^3„j of attachment certain goods and 
 
 chattels of the said Defendant, to wit : [specify property seized] have been seized and attached ; 
 -And the said Defendant desires that the said warrant he superseded and the said properly so 
 ITtached restored to him under the provision of the 67th Clause of the Act 13 & 14 Vjc. tap. 
 M Now the conditbn of this obligation is such, that if the said Defendant do and shall, in the 
 .::„» «f*h« rl'?m in the said cause being proved, and Judgment being recovered thereon, as in 
 «ih« oM^'wheVeDroceedings have been commenced against the person, pay inesame, or pay 
 Se "alSeSfThe S Foper?y so taken and seized, as aforesaid, to the said Plaintiff, or shall pro- 
 
I> I 
 
 02 SCHEDULE OP FORMS, 
 
 dnce .uch properly whenever thereunto required to satisfy .uch Ju.lgment. then thi. obligation 
 ?o be void,-el«e to remnin in lull force and virtue. ^ ^ 
 
 Signed and Sealed in the 1 j,* p'^ V \ 
 
 presence of t q, G. [ J 
 
 li. 
 
 Allowance to Witness.— (Section 48.) 
 
 £ B. D. 
 
 2 
 
 Per day \',i" " ',.'.^« 6 
 
 Travelling expenses per Mile one way 
 
 [No more than L to be allowed to Witness for any one day's attendance .nd travel.] 
 
 Form of Bailiff's Return. 
 
 , . « T. i/r^f .i,« Division Court for the County of Simcoe, made 
 
 Return of A. B. Bailiff of the in ihrRnes of Practice for the Division Court, in 
 
 ii. hand between the day of and the «iay oi 
 
 Nuinlier. 
 
 Style of 
 CaiiBC. 
 
 Nniiiro of 
 Process. 
 
 When 
 Receive:! 
 
 Amount to Levied, 
 be innde. 
 
 Ilniliti'f 
 CIt.irgei) 
 
 I'nid to 
 Clerk, 
 
 When 
 I'nid. 
 
 ', 
 
 1^ 
 
 A. B. above named makelh Oath and sailh that the foregoing Return is full, true and correct 
 it every particular. 
 Sworn before me at in the said County, ) a. B. 
 
 day of 185 . ) 
 
 C. D., Clerk. 
 
 Uiis 
 
 Mi 
 
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04 
 
 SCHEDULE OF FORMS, COUNTY OF SIMCOE. 
 
 Jilll. 
 
 PROCEDUKK BOOK. 
 
 First DIV[SION COURT for the County of SIMCOE. 
 
 Ensuing Sittings, 26M February, 1851. 
 
 200 — Year Number. 
 
 JOHN DOE, 
 
 Town oi Barrie. 
 1851. 
 
 V*. 
 
 Number of Demand 
 RICHARD ROE, 
 
 Township of Vespra. 
 
 10th Jany. 
 
 Received parliculars of Plaintiff ^s Demand (on contract) for £2 and Plaintiff 
 warilii costs. 
 
 paid Is. 8<l. to 
 
 lltb, htiied Summons to Uailiff, coals is. 8d, and mileage. 
 
 24ih, Summons returned, served. 
 
 28th, jDelcndrtnl paid £2 Is. 8d., demand and costs. 
 
 lOlh Feb. jFaid Plaintift' £2 Is. 8d., demand and cosin deposited 
 
 201 — Year Number. 
 
 JOHN DEN, 
 
 Toujnship of Oro. 
 
 VI. 
 
 Number of Demand 
 THOMAS FEN, 
 
 Town of Barrie. 
 
 lOih Jany. 
 
 12tb, 
 
 201 b, 
 8lh Feb. 
 13th, 
 20tb, 
 
 20th March 
 
 24lb, 
 
 Received particulars of Plaintiff's demtiml {lor \ot\) for X.t ; Plaintiff paid on 
 
 account of costs 158 , and directed two subpoDuas, and gave noliceto try by 
 
 Jury. 
 Issued Summons to Bailiff', costs 5s. 9d. and mileage. 
 Summons returned, served. 
 
 Issued Jury Summonses and Subposnas to Bailiff. 
 
 Jury Summonses returned served, 10 miles travel, Subpcpnas served also. 
 Cause tried, verdict for Plaintiff £b, Judgment thereon for same and costs, 
 
 ordered to be paid in 30 days. 
 I'axed CosLs : Fee Fund 3i, Clerk Gs 3d, Bailiff 12s 4d, Jury 2s 6J, Witnesses 
 
 per Affid-ivit 10s. = £i 14s Id, 
 Defendant paid X'G 14* Id, in full of Judgment and Costs. 
 
 203 — Year Number. 
 
 JAMES JONES, 
 
 jf'oi./iship of Innisfil. 
 
 vs. 
 
 Number of Demand — 3 
 THOMAS THOMPSON, 
 
 Town of Barrie. 
 
 Uth Jany. iReceived particulars of Plaintiff's demand (on contract) for £25, and Gs 6d on 
 
 I account of costs, from James Fallon, Flainliff's Attorney. 
 12th, Issued Summom to Bailiff', cosis Gs 6d and mileage. 
 
 1st Feb. 
 3fd, 
 20th, 
 10th March 
 
 Sum /nons re/urae(/ served, 9 iriiles travel. 
 
 Defendant executed cognovit for ,£"25. 
 
 Judgment given for Plaintiff. £25 and costs, to be paid in 30 days. 
 
 Taxed costs : Fee Fund Gs 6d, Cierk 4s 6d, Bailiff 4s 6d, = los 6d. 
 
 Defendant paid £25 15s 6d, Judgment and Costs. 
 
 N. B, — The proceedings subsequent to Judgment may be entered and continued in 
 another part of the "Procedure Book." 
 
 Hdoh Bcobie, Printer, 16, Kino Street Cast, Toronto. 
 
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