,%. ^ n%t ^-^W ^.^.^T. IMAGE EVALUATION TEST TARGET (MT-3) k A 6/ ^A^ i- / :/. 1.0 l.i 1.25 S«f IS ui niii ^ 1^ 12.0 iM 14 111.6 V] V/, 'c-1 V o ^p). '> '> 7 /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ iV qv -^\\ GEO. III. Chap. 4 .". 57 GEO. III. Chap. 9 7 2 GEO. IV. Chap. 1, Sess. 2 S 11 GEO. IV. Chap. 5 2o 1 WM. IV. Chap. 1 2! 2 WM. IV. Cpap. G 22 :MVM. IV. Chap. 7 ... 2:'. " " Chap. 8 2.: 4 W^I. IV. Chap. 5 ;32 " " Chap. 7 31 5 WM. IV. Chap. 1 00 7 ^VM. IV. Chap. 1 42 Chap. 3 43 " " Chap. 14 57 1 VIC Chap. 7 00 2 VIC Chap. 1 '\\\l riglits. aforesaid, that part of the late Province of Quebec now com- prehended within the Province of Upper Canada, havinj* become inhabited principally by l^ritish subjects, born and educated in countries where the English Laws were established, and who arc unaccustomed to the Laws of Canada, it is inex- pedient that the provision aforesaid, contained in the said Act of the fourteenth year of His present IMnjcsty, should be con- tinued in this Province — Be it cnarfcd, ko., That from and after the passing of this Act, the said provision contained in*^ the said Act of the fourteenth year of His present Majesty, be, and the same is hereby repealed ; and the authority of the said Laws cf Canada, and every part thereof, as forming a rule of decision in all matters of controversy relative to property and civil rights, shall be annulled, made void and abolished, throughout this Province, and that the said Laws, nor any part thereof as such, shall be of any force or authority within the said Province, nor binding on any of the inhabitants thereof. II. [Previously existing rights saved.] The^iawsof m, ji^d he it, &c., That from and after the passing of this England to ^ ' i o f*ti*^°tT '^^^' ^^ ^^^ matters of controversy relative to property and civil ruieofdoci- rights, rcsort shall be had to the Laws of England, as the rule for the decision of the same. -loa. IV. [Ordinances of Quebec unrepealed.] ovidenc* to V. And he it, cfcc, That all matters relative to testimony )>'y thoseV and legal proof, in the investigation of fact, and the forms ^i-fugiand. *° thereof, in the several Courts of Law and Equity within this and offices now appertaining to the said Districts shall henceforth belonf;; and appertain to the said counties respectively ; and ■whenever the said offices and officers have the title or denomination of offices or officers of or for tho District, they sliall henceforth have the title or denomination of offices or o.'ficers of or for the County ; and all laws at present in force, or during the present session of Parliament made or to be made applicable to the said division of territory by the name of Districts, or the Courts, officers, or other institutions thereof, shall be applied to and have the same operation and eifect upon the said Counties and their respective Courts, offices and other institutions, as ■Counties." {lb. s. 3.) 34 Geo. III., Chap. 2. 3c now com- ada, having 3, born and established, , it is inex- tho said Act ould be con- it from and iontained in"^ Majesty, be, y of the said ng a rule of )roperty and 1 abolished, ws, nor any ority within inhabitants ssing of this rty and civil as the rule Province, be regulated by the rules of evidence established in England. VI. [Subsisting eccle " stical dues, forms of procedure, jurisdiction of Courts, &c., preserved.] 32 GEO. III.— CHAP. 2. An Act to establish Trials hy Jury. [Passed 15th October 1792.] Whereas the Trial by Jury bas been long established and approved in our Mother Country, and is one of the chief ^|,y^^^ ^' benefits to be attained by a free Constitution : Be it, <&c., That ^^^^^J^^^^J from and after the first day of December, in this present year7erdictofi2 •' ' . jurors, con- of our Lord one thousand seven hundred and ninety-two, all formabiy to . . the law and and every issue and issues of fact, which shall be joined in any custom of action, real, personal, or mixed, and brought in any of His Majesty's Courts of Justice within this Province aforesaid, Wc. c. 65.) be tried and dclcrmined by the unanimous verdict of twelve Jurors, duly sworn for the trial of such issue or issues, which Jurors shall he summoned and taJcen conformably to the law and custom of England. II. [Repealed by 13 & 14 Vic. cap. 55.] testimony the forms within this 1 hcncefortU mil whenever \ of offices or the title or and all laws lament made by the name thereof, shall ion the said ititutions, as 34 GEO. III.— CHAP. II. An Act to establish a S^iperior Court of Civil and Criminal Jurisdiction, and to regulate the Court of Appeal. [Passed 9th July, 1794.] For the general and regular administration of justice through- Preamble. out this Province, be it enacted, &c.. That there be constituted and established, and there is hereby con^ituted and established, a Court of Law, to be called aud known by the name and style of Ilis Majesty's Court of King's Bench for the Province of TT y^ t% ^ e% (oOOi^ V 1C( C« Upper Canada, which shall be a Court of record of original 03, estabiish- jurisdiction, and shall possess all such powers and authorities rioas.) as by the Law of England are incident to a superior Court of 4 Statutes op Practical Utility. civil and criiuinal jurisdiction; and may and shall hold plea in all and all manners of actions, causes, or suits, as well criminal as civil, real, personal, and mixe^, arising, happening, or being within the said Province ; and may and shall proceed in such actions, causes, or suits, by such process and course as shall tend, with justice and dispatch, to determine the same ; and may and shall hear and determine all issues of law ; and shall also hear, and by and with an inquest of good and lawful men, determine all issues of fact that may be joined in any such action, cause, or suit, as aforesaid, and judgment thereon give, and execution thereof award, in as full and ample a manner as can or may be done in His Majesty's Courts of . King's Bench, Common Bench, or in matters which regard Persons wno o / / a shall preside the King's revcnuc, by the Court of Exchequer in England ; piaco where and that His Majesty's Chief Justice of this Province, together shall bo with two Puisnc Justices, shall preside in the said Court, which Court shall be holden in a place certain, that is, in the city, Trm.'7F.c.'i)tovrn, or place where the Governor or Lieutenant Governor ^!Tc«'^"' shall usually reside ; and until such place be fixed, the said nt^!ibfs^ Court shall be holden at the last place of meeting of the Legis- J^/j^^^^'^-'^-lative Assembly. n. to [ [Repealed by 2 Geo. IV., Sess. 2, Chap. 1.] XXXII. XXXIII. to [- [Repealed by 12 Vic, Chap. G3.] XXXVI. XXXVII. XXXVIII. [Repealed by 2 Geo. IV., Sess. 2, Chap. 1.] 41 GEO. III.— CHAP. XI. An Act to prevent the Acts of the Legislature from talcing effect from a time prior to the passing thereof. [rassed 9th July, 1801.] "Whereas every Act of the Legislature of this Province in rrcambio. r^hich the commencement thereof is not directed to be from a specific in whicl to prodi Be it, (£ on ever} pass du immcdiii year, wl assent ; such Ac other CO An Act [The Roj Januar WhereJ Province Process ( Sheriff ] That fro ment, gc included process i of the P II. A tenemen months same to which tl An Act Vexa ill hold plea uits, as well ;, happening, shall proceed ind course as ne the same j of law; and )d and lawful oined in any ment thereon and ample a y's Courts of which regard in E norland ; ince, together Court, which 3, in the city, mt Governor xed, the said ; of the Legis- 2, Chap. 1.] 3.] 2, Chap. 1.] from talcing cof. :) Fuly, 1801.] Province in to be from a 49 Geo. III., Chap, 4. 5 specific time, doth commence from the first day of the Session in which such Act is passed : And whereas the same is liable to produce great and manifest injustice; for remedy thereof, Be it, (£r.. That the Secretary of this Province shall endorse ^'^♦^^[J;'-^^ on every Act of the Legislature of this Province, which shall ^"c^Jtary^o^ pass during the present and every future Session thereof, ♦J'^^J^^'^j"^®' immediately after the title of such Act, the day, month, and ''y,,^'^® ^^^ year, when the same shall have passed and received the royal commcnco. assent ; and such endorsement shall be taken to be a part of Endorse- ' '■ ment to form such Act, and to be the date of its commencement, where no part of such ' , , ' Acts. other commencement shall be therein provided. 43 GEO. III.— CHAP. I. An Act to allow time for the Sale of Lands and Tenements hi/ the Sheriff. [The Royal Assent promulgated by Proclamation, bearing date 4th . January, 1803. Whereas it is expedient, in the present circumstances of this preamble. Province, that some time should elapse after the issuing of(See Sn^iWi Process of Execution against Lands and Tenements, before the '^.^'7), c.7.) Sherifi" proceeds to expose the same to sale, he it enacted , &c., That from and after the end of this present Session of Parlia- ment, goods and chattels, lands and tenements, shall not be included in the same Writ of Execution, nor shall any such process issue against the lands and tenements until the return of the Process against the goods and chattels. II. And he it, dx., That the Writ against the lands and (Seo c. l. p. tenements shall not be made returnable in less than twelve ». iso.) ' months from the teste thereof, nor shall the Sheriff expose the same to sale, within less than twelve months from the day on which the Writ shall have been delivered to him. 49 GEO. III.— CHAP. IV. All Act for the more effectual p7'cventing of Frivolous and Vexatious Suits and to authorise the levi/ing of Poundage 6 Statutes of Practical Utility. 1:1' Freamblo. 1 > 1- Gircum- 1 stancea un- der which ,1 defendant, n when hold to i: Hpocial bail, 1 shall be en- 1 titled to costs 1 of suit. ! (See C. L. P. A., 1856, i . B. 23.) upon Executions in certain Cases, and to regulate the Sales hy Sheriffs and other Officers. [Passed 9th March, 1809.] Be it enacted, &c., That in all actions to be brought in the Province of Upper Canada, from and after the passing of this Act, -wherein the defendant or defendants shall be arrested and held to bail, and wherein the plaintiff or plaintiffs shall not recover the amount of the sum for which the defendant or defendants in such action shall have been so arrested and held to special bail, such defendant or defendants shall be entitled to costs of suit, to bo taxed according to the custom of the Court, in which such action shall have been brought ; provided it shall be made appear, to the satisfaction of the Court in which such action is brought, upon motion to be made in Court for that purpose, and upon hearing the parties by affidavit, that the plaintiff or plaintiffs in such action, had not any reasonable or probable cause for causing the defendant or defendants to be arrested and held to special bail, in such amount as aforesaid ) and provided, that such Court shall thereupon, by rule or order of the same Court, direct that such costs shall be allowed to the defendant or defendants, and^ the plaintiff or plaintiffs shall, upon such rule or order being made as aforesaid, be disabled from taking out any execution for the sum recovered in any such action, unless the same shall exceed, and then in such sum only, as the same shall exceed the amount of the taxed costs of the defendant or defendants in such action, and in case the sum recovered in any such actions shall be less than the amount of the costs of the defendant or defendants to be taxed as aforesaid, that then the defendant or defendants shall be entitled, after deducting the sum of money recovered by the plaintiff or plaintiffs in such action, from the amount of his, her, or their costs, to be taxed as aforesaid, to take out execu- tion for such costs in like manner as a defendant or defendants may now by law have execution for costs in other cases. II. And he it, &c., That in all actions which shall be brought in the Province of Upper Canada after *^e passing of this Act, upon any judgment recovered, or which shall be 4. i IV such 'ate the Sales March, 1809.] rought in the issing of this arrested and iffs shall not defendant or 3ted and held 1 be entitled ustom of the ;ht ; provided the Court in nade in Court affidavit, that ny reasonable defendants to as aforesaid ; rule or order llowed to the lintiffs shall, be disabled vered in any ;lien in such of the taxed 3, and in case less than the s to be taxed ints shall be tiered by the lount of his, :e out execu- )r defendants cases. ich shall be "^e passing of ich shall be \ i 3 I 57 Geo. III., Chap. 9. 7 recovered, in any Court of the said Province, the plaintiff or inactions on .plaintiffs in such action, on the judgment, shall not recover or p",ii7,7i'fr"L» be entitled to any costs of suit, unless the Court in which such |;j,^\''''',',','^g, action on the judgment shall be brought, or some Judge of o^J,."''' °^ the same Court shall otherwise order. III. ■) [ [Repealed by 2 Geo. IV., Sess. 2, Chap. 1. IV. ) V. And be it, &c., That no Sheriff or other officer, in any District of this Province, shall proceed to the sale of iiny j.j„,jj j,^^^ effects, taken by virtue of any AVrit of Execution, until P^^blic'Jj'^!^™^J'j.'^'.[j^^ notice in writing thereof is given, at least eight days previously s''»'"T- thereto, at the most public place in he Town or Township(^'"«C'. l. p. ■"• ^ A.. IH.iC, where such effects may have been taken in execution^ and of'^-i^^-) the time and place where such elFocts are to be exposed to sale. 57 GEO. III.— CHAP. 9. An Act to enable the Commissioners of Gaol Delivers/, and Oyer and Terminer, to proceed, although the Court of King^ s Bench be sitting in the Home District, for ich ich they are commissioned. [Passed 17th April, 1817.] WiiEREAS by construction of law, without special provision to the contrary, the meeting of the Court of King's Bench, in any District, supersedes all Commissions of Oyer and Terminer and Gaol Delivery : And ichereas it may so happen that the business of the kSpring Assize, in the Home District, may not be concluded before the first day of Easter Term ; Be it there- fore enacted, &c., That when any Session of Oyer and Terminer and Gaol Delivery for the Home District, shall have been begun to be holden before the first day of any term, that the said Session shall be continued to be holden and the business thereof finally concluded, notwithstanding the sitting of His Majesty's Court of King's Bench within the said District; and that all trials and proceedings, as well as judgments, had at such Session, so continued to be holden, shall be good and effectual to all intents and purposes as if the said Session of the Court of King's Bench had not been. Proam1)Ii\ Wlien any Session I )t Oyer and Terminer and Gaol dolivrry for the Home District shall have been bofriin to be liolden before the tirnt day of any term, the said Ses- sion phaH b<' continued to be holden and the busi- ness con- cluded, notwiih- standing the sitting of the Court ( f King's Bench. (See C. L. 1'. A. 1S56, 8. 152.) !l< !l I:' 8 Statutes of Practical Util'ty. 2 GEO. IV.— SESS. 2.~CIIi?. 1. An Act to repeal part of and amend the Laws in force respect in'j the practice of Jlis Majesty's Court of King's Bench in this Province. [Passed 17tU January, 1822.] I. [Repeals Sec. 9 of 34 Goo. III., Chap. 1 ; the whole of 34 Geo. III., Chap. 3, excepting Sections 1, 3:'i. 34, 35, and 36; Sec. 2 of 35 Geo. III., Chap. 4; thcTvholcof 87Geo. III., Chap. 4; 38 Geo. III., Cap. 4; the whole of 41 Geo. III., Chap. 9; Sections 3 and 4 of 49 Geo. III., Chap. 4; and the whole of 51 Geo. III., Chap. 3.] II. [Repealed by 6 Geo. IV., Chap. I.] ,^ ^ III. Provided always, and Le it, etc., That when the Court Court vanv . . adjourn from fihall liavc siood rcason to believe there will not be sufficient one return " . day to business to require their daily attendance throughout the Term, they may be at lil orty to adjourn the Court on any return day to the next immediate return day. another. I IV. to [ [Repealed by 19 Vic, Chap. 43.] IX. ) .ludgcB may order arrests in certain cases. X. And he it, &c., That in all cases in which the cause of action shall be other than a debt certain, of which affidavits may bo made as herein before mentioned, it shall and may be A!.1s{i6*" ^' lawful to hold the defendant or defendants to bail, a Judge's ^ -"•) order having been first obtained for that purpose, in such cases and in such manner as is provided by the law and practice of the Court of King's Bench in England. conSitionsof -^^- ■^^'^ ^^ *^ ^^') That cach and every recognizance of zanc^s^of ^^^^ ^^ ^^ taken in cases of personal arrest, as herein before ''^^5 mentioned, shall be, that if the defendant or defei^lants shall Tv^c^'c ^^ condemned in the action at the suit of the plaintiflF or ^^•|-A)i856, plaintiffs, he, she, or they will satisfy the costs and condemna- tion money, or render himself, herself, or themselves, to the custody of the Sheriff of the District in which such action shall be defendui XII. or suit n shall be themseh I District, into his bail a c surrende any Jud; and he h cxonorcti as if sue him at 1 shall rcc( XIII. shall be Province! in this P shali le such pro defendan of this I and upoi plaintiff ( before ai process j appoiute( case bail missionei said bail may if 1 of such dants to in the 1: term tim 2 Geo. IV., Sess. 2, Chap. I. 9 vcs in force ^t of King^i nuary, 1822.] the whole of 34, 35, and B7 Geo. III., 1 Geo. III., hap. 4; and 3n the Court be sufficient Dughout the ourt on any he cause of cli affidavits and may be , a Judge's n such cases nd practice ignizance of rein before :^ants shall plaintiff or condemna- ves, to the such action shall be brought, or that the cognizors shall do so for such defendant or defendants. XII. Aiul he it, d'c.y That ■whenever any bail in any action rail may or suit now pending or hereafter to be brought in any District, tiuir shall be desirous of surrendering their principal in di.scliarge of ti""si!oHffs themselves, it shall and may be lawful for the Shovitf of such !,'pe, livo' District, and he is hereby required to receive such principal ^"i^,.redp- into his custody at the gaol of his District, and to give such [|'Jjj|'\°*i,„*'|'' bail a c:!rtificatc under his hand and seal of office, of such ^,'"^,ive^cern- surrendcr, which certificate shall be a sufficient authority for |.\',^|^!^,',',^^ any Judge of the Court in which such action shall be pending; iJj;!',!'!^^^!^^''"*'' and he is hereby ro(|uired, on production therebf, to order at ^^""rmiiuc^ exoncrctur to be entered on the bail-piece, in the same manner ''^^ thereof; as if such principal hud been surrendered in person before (^9®"* }'?"• . . . , 1\.C, D.) him at his chambers; for which certificate the said Sheriff shall receive the sum of five shillings, and no more. XIII. A)ul he it, (Cr., That if any defendant or defendants shall be taken or detained in custody in any District of this Province, on mesne process issuing out of any Court of Record in this Province, at the suit of any plaintiff or plaintiffs, and shall he detained or imprisoned, thereon after the return of such process, it shall and may be lawful for such defendant or defendants, except in term time within the Home District of this Proviuce, or District where the Court shall be holden, and upon due notice thereof given to the attorney of the plaintiff or plaintiffs in such process, to put in and justify bail before any of the Justices of the Court out of which such process shall have issued, or before any Commissioner duly appointed for taking bail in such Court ; which Justice, or in case bail shall have been put in and justified before a Com- missioner, any justice of the said Court, upon receipt of the said baii-pieco and recognizance from such Commissioner, may if he shall think fit, order a rule to issue for the allowance of such bail, and may further order such defendant or defen- dants to be discharged out of custody by writ of supersedeas, in the like manner as may be done by order of the Court in term time. Defendants may put in siH'cial liajl vacation ; (See 4. mnr IV. c. 5, s.'2., V2 Vic. c. 6^!, s. 48.) ( Rule for allowance thereof may be issued by a Judge. 10 ! i'!, ill' I ,1 1 No further liffldavit required in bailable ac- tion previous to Buinf out Crt. Ca. othtirwi.se in actions not bailable ; ^Pee 5 Wm. IV. c. ;i,s. 2; C. L. PA., IS.JO, s. ll'.j.) Statutes of Piiactical Utility. XIV. [Repealed by 19 Vie., Chap. 43.] XY. And he (t c£r., That in all cases in which the party has been held to special bail, it shall not be necessary to make or file any further or other affidavit before suing out a cajn'as '^d satis/aciendunt upon the judgment obtained in the same action ; and that in cases where the party has nnt been held to special bail, a writ of capias ad satisfaciehdum may issue after judgment, upon an affidavit of the same form as is hereby required to be made for the purpose of suing out a capias in mm^nc process, or upon affidavit by the plaintiff, his servant, or agent, that ho hath reason to believe that the defendant hath parted with his property, or made sonic secret and fraudulent conveyance thereof, in order to prevent its being taken in execution. Dnu\ drawl resiuil be la^ therel I of sul one o| I said take due 11 he, si iiii i IsHues joined in tlio Home District may b« tried before any Judge ; (See 7 Wm. IV.c. U.S. 8; C. I>. P. A.. 1856, 8. 152.) Chief Justice or otlier Judge to issue his precept to the sheriff to summon Jurors to try Buch issues, not less than .'50 days after Hilary and Trinity Terms. XVI. And he it, d'c, That upon all issues joined in the Court in any suit or action that shall arise or bo triable in the Home District, or in the District where the Court shall be holdcn under any commission of Assize and Nisi Prius issued after the Terms of Ililari/ and Trinity respectively, and tested on the last day of each of those Terms, the Chief Justice, or any other Judge of the said Court, shall, as Judge of Assize and Nisi Prius for the said District, try all manner of issues joined in the said Court which ought to be tried by a Jury of the said District ; and iha^ the Chief Justice, or any other Judge of the said Court, sha.I, as Judge of Assize and Nisi Prius, issue his precept to the Sheriff of the said District) for the summoning of Jurors for the trying of all such issues as may be joined in the said Court, and arise and be triable in the said District, so that the same may be in no instance holdcn sooner than thirty days from the end of the Hilary and Trinity Terms respectively. . . XVII. And he it y &€.., That when the plaintiff or plaintiffs, Commissions ' ' ^ ^ * , * ' maybe defendant or defendants, in any action now pending, or here- issued for . . . the examina- after to be brought, shall be desirous of procuring the testi- tionofwit- . , -T •. f 1 • fi nesees. mony in such suit or suits ot any aged or iniirm person resi- dent within the jurisdiction of His Majesty's Court of King's TY. which the party Qccssary to make ing out a cajyias led in the same a'lt been held to htm may issue ime form as is of suing out a ^G plaintiff, his Jlicve that the ide sonic secret to prevent its joined in the ■ triable in the ^ourt shall be ii Prius issued actively, and IS, the Chief lall, as Judge y all manner 30 tried by a stice, or any Vssize and aid Districtj such issues ^ be triable no instance Hilary and r plaintiffs, g, or here- the testi- erson resi- of King's And when executed in a forei;;n eoiintry t') be return- ed nnUer the hands and Beals of Comniis- siouers. 2 Geo. IV., Sess 2, Chap. 1. 11 Bnirh in this Province, or any person who is about to with- draw himself or herself beyond such jurisdiction, or who is resiaing without the limits of this Province, it shall and may be lawful to and for His Majesty's said Court, or for any Judge thereof in vacation, upon hearing the parties upon the motion of such plaintiff or plaintiffs, defendant or defendants, to is.«uc one or more Commission or Commissions under the seal of the said Court, to oiie or more Commissioner or Commissioners, to take the examination of such person or persons respectively, due notice being ;iven to the adverse party, to the end that he, she, or they may cause such witnesses to be cross-examined. XVIII. And be if, etc.. That in cases of witnesses residing without the limits of this Province, such Commis.sion or Com- missions, with the examination of the witness or witnesses taken pursuant thereto, returned to the said Court with an affidavit of the due taking thereof thereto annexed, sworn before and certified by the Mayor or Chief Magistrate of tho city or place where the same shall or may be taken, close under the hand and seal, or hands and seals of one or more of such Commissioners, shall be taken, prima faciey to have been duly executed and returned, and shall be received as evidence in the said cause : Provided alicays, That such examination or examinations shall not be read or given in evidence in the said cause, in case the deponent or deponents respectively shall be living within the jurisdiction of the said Court, and of sound mind, memory, and understanding, at the time such examination or examinations shall be offered to be given in evidence ; and provided it is made appear to the Court before which such examination or examinations is or arc put in, that the same has or have not been duly taken. XIX. Ard he it. &c., That it shall and may be lawful in Poundago any execution against the person, lands, or goods of any debtor Ic7of''exrcu- or debtors, for the Sheriff to levy the poundage fees and the£resttobe expense of the said execution, over and above the sum reco- '"^''^'^• vered by tho judgment, together with the legal interest upon iv^/gjj'^a^) the amount so recovered from the time of entering the said judgment. Examina- tion not to bo read, if depo- nent is living witliin tho jurisdiction of the Court at tho time of trial, and of sound mind. 12 : 'I! ml navcctisivl In Statutes or rnAOT,«L Utiuiv. f'linada ^'- -J cor..i„ not,-;!;;?:;':;:';: r-'f" """^ "^^ -- ,.^o«.. »rpri»oc, „,ero„f : A/rr^ :':r'"r "■""'<> -y''" '•0 "a...os of the pLntfff or 2Z \ ' «^«' % '"-'■ P^"' deputy, in an; Di,t ^^ 'f '^ir^"' ^^ -7 Sheri^ '"''"•oetly, to trade, traffic sdl „° ! ^™""""' '"''»»% or e'-.di.e, cither ^^ whole. '„";:!" ^ ^oods, wares, or ^r- «^r° f" «a'o any s«ch eoods „ ' ' "' ""^ =" ^''°P' « --"tain any action at l^tlZT' " ™->.andi.e, or to ••»™u„t, consideration, or account I T^ °^ ""^ '''^^'' 'he or merchandizes, e.c^pting a^w ""A'" ^r' S"''^' *«-' days Of all YVTT ^ , periods li- ^^\il. And he it rf-/. rpi ^ ,, Sr;;S""'P'=riods of time Iimii;d b^t^ 1 ' '''''' ^^^ '••'^' %s of all Sir by any rules or ordel of Ct f 't." '"""" '" '''' «">' " '«"•".• be inclusive. *'°"' *"• '^'^ regulation of practice, i^- ^- 3, S.10 the said C -'ouit:tht;tt;;c!t::e^^r"/^p«n.in --»-ndiou._i,a:dZf„&ns^i-: 4 « (( u ITY. li'Io for the moro ihIs under execu- thereto may be sale of any real 2(1 out after the Eidvcrtisenient to least six times ^crty to be sold, .•ndant or dufcn- ia intended to I also be adver- istrict in which ^e of the Clerk i«e or place in Jr such District ueh sale : Pro- contained shall iale to a future the first day ur any Sheriff !G, directly or ares, or mer- a shop, or landize, or to nydebt, the goods, wares, he duties of days of all obe limited of practice, )ceeding in issue iu a bunded on 2 Geo. IV., Sess. 2, Chap. 1. 13 a common undertaking, the following form of a declaration may be adopted : " A. ]}. complains of C. D. late of , for that whereas F.^nn of do . , ,, , , IP .111 "'liTfttion. " the said C. D. on the day ot , at , was indebted 'Ho the said A. B. in the sura of [the consideration a. is'.tC << advanced], and being so indebted, he, the said C. D. then**' " and there undertook, and faithfully promised the said A. 13. " to pay him the said sura, when he, the said C. J), should be '' rc(|uested ; and though since requested, doth now refuse so " to do, to the said A. 13. his damage of £ , who therefore "brings his suit." XXIY. And he it, dr., That each and every of the Sta- tutes of jeofails, and each and every of the Statutes of limi-je^fi^"" tations, and each and every of the Statutes for the amendment and amemi- of the Law, excepting those of mere local expediency, which ™°"j^(>d to from time to time have been provided and enacted respecting j7,\a".ro7inco the Law of England, be adopted, and declared to bi valid and^g^.^^, j^ p effectual for the same purposes in this Province. A. lS.-)(i. 89. . "3 1,201.) XXV. And in order tu discourage vexatious suits, and to prevent additional charges upon any defendant or defendants, J^,ay ply"* who may be willing to pay the sum which he or they shall cXr '°*" admit to be justly due: Be it, &c., That in all cases where ,3^^- ^^^,, the sum demanded by any plaintiff or plaintiffs is a sum certain, ^^•'^•^'^•^") or is capable of being ascertained by computation of numbers, it shall and may be lawful for any defendant or defendants to move that he or they may he at liberty to pay into Court such sum as he or they shall propose to pay in full discharge of the said demand : luhcreunon the Court mau order a ride to he a., isW, J . 1 jr \ -4- J' ,' 77 8s. 119, 120, draicii lip to such cjjcct,0' m time oj vacation such order mai/ 121.) be made by a Judge of t le Court, and in case the plaintiff shall be willing to accepc and shall accept the same, together with all costs accruing to that time, to be taxed by the proper officer, the same shall be in full satisfaction of such his demand, and all further proceedings in the said action shall cease j and to the end that every plaintiff or his attorney may know of such proceeding, the defendant or defendants shall and arc hereby required to serve a copy of thn rule, authorising m Officer to receive one por c^nt on 14 Statutes op Practical Utility. such payment to he made, vpon tlie jdaintiff or hh attorney, at the time filing; his plea of the general issue to such plaintiff's declaration. XXVI. Provided always, That Mpnn payment of money into Court, it shall and may be lawful for the officer receiving intoCourt!'* thc samc, to demand and take a sum not exceeding twenty shillings for every one hundred pounds so paid into Court, and at and after the same rate and proportion for every sum of money so paid ; and also to demand and take the sum of one shilling for every receipt by him given on account of money so paid in as aforesaid. XXVII. [Repealed by 7 Wm. IV. Chap. 1.] XXVIII. Provided always, and be it, d-c, That nothing ndssions may herein contained shall prevent, or be construed to prevent, thc to^'t^'oXif.Crovernor, Lieutenant Governor, or person administering the *^®"' government of this Province, from issuing a Special Commission (Soo7 TT/w. Qj. Commissions for the trial of one or more offender or offen- c. 1, s. u; c^lVI^' ^^^> upon extraordinary occasions, when he shall deem it 1856,8. .62.) requisite or expedient that such Commission sliould issue. inquiry t°o XXIX. And he it, <&c., That no writ of inquiry shall issue bu"damagos *o the Sheriff" in cases where judgment shall have gone by tainccf as'if default, but in all such cases the damages shall be ascertained parties had ^t the samo time and in like manner as if the parties had pleaded to J r rs'"'c L p V^^^^^^ ^^ issue, and that an entry thereof be made on the roll A., 1850, fl. accordingly. 141, 9t seq.) '^ •' XXX. And he if, &€., That every common juror shall be Is 3d each ^.llowcd the sum of one shilling and threepence in every cause 13&14 in which he shall be sworn as a juror, to be paid by the Vic. c. 53.)i plaintiff or his attorney, and to be accounted for in costs by the party charged with the payment thereof. Sheriffs to XXXI. And he it, &c., that the Sheriffs of the several return writs _ 111 ofNisiPrius Districts shall, and they are hereby required to make a return the Judges of all writs of Nisi Prius which shall be delivered to them, or Circuits. their sufficient deputy, before the said Chief Justice, and every Jurors allowed 1 other sions upon the v\ prayct good cutinf belonj ft.;; [TT. r his attorney, at such plaintiflF'a pncnt of money officer receiving seceding twenty 1 into Court, and i)r every sum of the sum of one count of money ■] ., That nothing I to prevent, the [ministering the ;cial Commission ffender or offen- 3 shall deem it ould issue. {uiry shall issue I have gone by 1 be ascertained the parties had lade on the roll juror shall be in every cause e paid by the for in costs by of the several make a return ed to them, or tice, and every \ 2 Geo. IV., Sess. 2, Chap. 1. 16 other Judge who shall bo n.ssigncd to execute such Commis-/f»«c34G^rt. sions of Assize and Nisi Prius, and shall give their attendance 7' {i4\\v. e. upon the said Chief Justice and each other Justice, as well for ^' '* ^^'^ the returning of such ^/A^s (j, 8. 14(i.) actioni the pj| il' Dilatory XXXVII. And be It, ct-c. That whenever the defendant ploas may b« ' ' urgueii be- in any action shall, in term time, plead any dilatory plea, in In vaciition. casc such plca shall be a matter in law and not in fact, it shall and may be lawful to and for the plaintiff in the said action, to set down such plea for argument on the next day on which the said Court shall sit, or on any other day in the term, giving two days' notice thereof to the defendant or his Attorney ; and in case such plea be filed in the time of vacation, or being filed in term time, the said plaintiff shall neglect so set down the same for argument as aforesaid, it shall and may be lawful to and for the said plaintiff to apply to any Judge of the said Court to hcf.r and determine the issue joined thereon, in like manner as the same may now be done in open Court ; and in case the said Judge shall give judgment for the plaintiff, he, the said Judge, shall, by an order under his hand, direct the said pica to be taken off the file, with costs to be taxed by the proper officer; and the said, defendant shall, within four days from the date of such order, plead an issuable plea, and shall rejoin gratis, and shall be bound to go to trial at such time as he would have been bound to go to trial in case he had pleaded such issuable pica in the first instance, and not such dilatory plea. (See C. L. P. A. 185G, 1. 101.) ^ ^ ^, XXXVIII. Ji)\d he it, &c., That the allowance of costs to Costs in ciTil i . . m -i r. i suits to fc« either party, plaintiff or defendant, m all civil suits and penal \'^. lent, iirormation, [*rius, before any ly District of this lias been given at ; and in case any of trial, as afore" and the same in i trial, every such bo obliged to pay Df trial shall have larges as if such r the defendant dilatory plea, in t in fact, it shall le said action, to ay on which the 2 Geo. IV., Sess. 2, Chap. 1. 17 giving he term, Attorney; and n, or being filed set down the lay be lawful to idge of the said thereon, in like Court; and in le plaintiff, he, land, direct the )e taxed by the ithin four days plea, and shall it such time as le had pleaded such dilatory ICC of costs to uits and penal actions, be regulated by the Statutes and usages which direct yr^"'***** ^7 ' o •' '-' the liawBof the payment of costs by the laws of England. England. XXXIX. And be it, &c., That the Chief Justice, and other ^i'^.^jj^;.^^ the Justices of the Court of King's Bench, for the time being, •^- *^» *• '*^) or any two of them, whereof the Chief Justice, for the time heing, to he one, shall and may be one or more Commission or Commissions, under the seal of the said Court, from f'.ae to time as need shall require, empower what and as many persons as they shall think fit and necessary, in all the several Districts su.ncrs to be . 1 T • 11 I appointed for within this Province, to take and receive all and every such taking affida- , , vits. affidavit and affidavits as any person or persons shall be willing and desirous to make before any of the persons so empowered, in or concerning any cause, matter, or thing, depending or here- after to be depending, or in anywise concerning any of the pro- ceedings to be had in the said respective Courts ; and that it shall and may be lawful for any Judge of Assize, and in his circuit to take and receive any affidavit or affidavits as any per- sons shall be willing and desirous to make before him, in or concerning any cause, matter, or thing depending or hereafter to be depending, or in any wise concerning any proceedings to be had in the said Court of King's Bench ; which said affida- vits, taken as aforesaid, shall be filed in the office of the said Court, and there be read and made use of in the said Courts to all Intents and purposes as other affidavits taken in the said Courts ought to be ; and that all and every affidavit and afiidavits, taken as aforesaid, shall be of the same force as affidavits taken in the said Court shall and may bo ; and all and every person or persons forswearing him, her, or themselves, in such affida- penalties of vits, shall incur and be liable unto the same pains and penalties mis "swear- as if such affidavit or affidavits had been made and taken in'"^' open Court : Provided always, that for the taking of every jg, f^^ ^j^jj^ such affidavit, the person or persons so empowered, and takiag the same, shall, for so doing, receive only the sum or fee of twelve pence, and no more. XL. And he it, &c.. That the Chief Justice, for the time .c o t^ being, and other the Justices of the said Court of ^^'^''».7'«c'cJ^/'S) Bench, or any two of them, whereof the said Chief Justice c / ' ' li ill / 18 Statutes op Practical Utility. Commis- s^a?? he one, shall or may be one or more Commission or Com- ^°appoi"tl^ missions, under the seal of the said Court, from time to time as fortokiDg jjQgj gijgii require, empower such and as many persons as they shall think fit and necessary in all and every recognizance or recognizances of bail or bails, as any person or persons shall be willing or desirous to acknowledge or make before any of the persons so empowered, in any action or suit depending, or (See4 wm. hereafter to be depending in the said Court, in such manner and form, and by such recognizance or bail, as the Justices of the said Court may hereafter take, or may think fit, which said recognizance or recognizances of bail, or bail-piece, so taken as aforesaid, shall be filed in the office of the Clerk of the Crown in the District where the same shall be taken, together with an affidavit of the due taking the recognizance of such bail or bail- piece, by some credible person present at the taking thereof; which recognizance of bail or bail-piece, so taken and filed, shall be of the like effect as if the same were taken in open Court ; for the taking of which recognizance or recognizances of bail or bail-piece, the person or persons so empowered shall receive only the sum or fee of two shillings, and no more : Provided alioays, nevertJielcss, that nothing herein contained shall extend to preclude any party from excepting to the bail in the manner and within the time prescribed by law. Jasticos to make orders regulating the justify- ing of bail before Com- missioners. XLI. And be it, &c., That the Justices, respectively, shall make such rules and orders for the justifying of such bails, and making of the same absolute, as to them shall seem meet, so as the cognizor or cognizors of such bail or bails be not compelled to appear in person in the said Court to justify him or them- selves, but the same may and is hereby directed to be deter- mined by affidavit or affidavits, duly taken before the said Commissioners, who are hereby empowered and required to take fy^cb^^'l ) *^® same, and also, to be examined by the Justices upon oath touching the value of their respective estates. Judges of XLII. And he it, &c., That any Judge of Assize in his Cir- takTbair^ cuit shall and may take and receive all and every such recog- nizance or recognizances of bail or bails, as any person shall be willing and desirous to make and acknowledge before him, \ lission or Corn- time to time as persons as they ccognizance or lersons shall be fore any of the depending, or n such manner the Justices of fit, which said 306; so taken as I of the Crown )gether with an iich bail or bail- aking thereof; iken and filed, 3 taken in open r recognizances npowered shall and no more : 3rein contained ting to the bail law. pectively, phall such bails, and em meet, so as not compelled him or them- to be deter- cfore the said equired to take ices upon oath size in his Cir- ry such recog- 3erson shall be before him, M 2 Geo. IV., Sess. 2, Chap. I. 19 which being transmitted, in like manner as aforesaid, shall without oath be received in manner as aforesaid. XLIII. And be if, (C'c, That the several Acts and Ordinatices OnUnnnnps of the Governor and Council of the late Province of Quebec, repcaioj. whereby the several Courts of Common Pleas in this Province were constituted, and from time to time continued, be and each and every of them are hereby repealed. XLIV. And he it, &c., That after twelve months from the No Attorney passing of this Act, no Attorney of this Court being a mcr- Bhop keeper. chant, or in any wise concerned by partnership, public or private, in the purchasing and vending of merchandize in the way of trade as a merchant, shall be per ; itted to practice in the said Court during the time he may be such merchant or so engaged, as aforesaid, nor until twelve months after he shall have ceased to be such merchant, or so engaged as aforesaid. XLV. And be it, <£r.. That from and after the first day of Judeiosto Easter term next, it shall and may be lawful to and for the said f.ch to be Court of King's Bench, and they are hereby required by order offlcdrs f/ or rule, or orders or rules, to be pronounced by the said Court during the said term of Easter, or during any subsequent term or ternirf, from time to time, to ascertain, determine, declare, and adjudge, all and singular the fees which shall and may be taken, or be allowed to be taken, by any Clerk of the Crown, Counsel, Attorney, Sheriff, Officer, or other person, from or in respect of any business after the first day of Easter term, to be done or transacted in the Court of King's Bench, as well in civil causes as in criminal prosecutions, as in all matters and .^^^ ^^^ things, 3auses, and proceedings, which thereafter shall or may i^"^«s> ^^^^•'' be depending in the said Court, which regards the King's revenue, or under any Commission of Oyer and Terminer and General Gaol Delivery, or under any Special Commission of Oyer and Terminer, any former law to the contrary notwith- standincr. XLVI. And be if, d-c, That nothing in this Act contained ^"Coinniis- 111,1. 1 ../-<.. ,. fiions or snail extend to annul any existing Commission or authority of procooOings ; 20 Statutes of Practical Utility. to be hereby any Officer or Comiuipsioner heretofore appointed to any oflBce which may require to be continued by the provisions of this Act, or to make void any proceedings now depending in the said Court of King's Bench, but that the said office shnll be conducted, and the said proceedings be continued and carried on, according to the several conditions herein contained. I 11 GEORGE IV.— CHAP. 5. An Act to extend the Provisions of the Law of Sd-off, and to prevent unnecessary and vexatious Law- Suits. [Passed 6th March, 1830.] Preamble. WiiEREAS the provision for Setting mutual debts, one against the other, is highly just and reasonable at all times, and ought to be extended so as to allow a defendant to recover the balance due to him : Be it, &c., That if in any action to be (i2Vic.c.63)^^^^^^*'^^ commenced in His Majesty's Court of King's Bench, or in any of His Majesty's District Courts in this Province, the defendant having given notice of set-ofF, or pleaded the same according to law, shall on trial of said action prove a sum due to him, or if he be sued as executor or administrator, to Defendants the testator or intestate, from the plaintiff, or if the plaintiff having given / ^ * ' ^ ^ notice of, or suc as cxccutor 01 administrator from the testator or intestate, pleaded a , , set-ofiF, may greater than such plaintiff has proved due to him, or his recover judg- ment for tiie testator, or intestate from such dcieudaut, or his testator or proved by his intestate, it shall and may be lawful for the jury to render plaintiff's a vcrdict for the defendant to the amount of the difference of demand, and ,i. .'i- i o ' i t n i have their respective claims proved as aioresaid, and tor every such therefor" defendant to enter up judgment for such sum, besides his costs and charges, and to have execution therefor. II. [Similar powers to Courts of Request.] in re( soil -V TY. ited to any office rovisions of this cpending in the id office sh.ill be ucd and carried contained. ' Sd-off, and to -Suits. March, 1830.] 'ts, one against nes, and ought to recover the J action to be KuKj's Bench, this Province, 1- pleaded the 1 prove a sum linistrator, to ' the plaintiff or intestate, him, or his testator or Jry to render difference of r every such besides his .s 1 Wm. IV., Chap. 1. 2T 1 WILLIAM IV.— CHAP. 1. An Act to prevent a failure of Justice hy rea&on of imma- terial variances in certain Law Proceedings, and to require all Courts to take judicial notice of Private Acts of Parliament. [Passed 16th March, 1831.] "Whereas great expense is often incurred, and delay or Preamble, failure of justice takes place at trials, by reason of variances between -writings produced in evidence, and the recital or setting forth thereof upon the record on which the trial is had, is56,'s. 2yi"."> in matters not material to the merits of the case, and such record cannot now in any case be amended at the trial, and in some cases cannot be amended at any time : And icJicrcas great additional expense is often incurred by reason of the necessity of pleading specially private Acts of Parliament, which the several Courts of Justice cannot judicially notice unless they be so pleaded or given in evidence : Be it, &c.. That it shall and may be lawful for every Court of Record holding plea in civil actions ; any Judge sitting at Nisi Prius, and any Court of Oyer and Terminer, and General Gaol Delivery in this Province, if such Court or Judge shall see fit so to do, to cause the record on which any trial may be pending before any such Court or Judge in any civil action, or in any indictment or information for any misdemeanor, when any variance shall may*b!)*^^* appear between any matter in writing or in print produced in cwn" ascs" evidence, and the recital or setting forth thereof upon the ^ufi^°/^/*" record whereon the trial is pending, to be forthwith amended ^jf^'^rs at in such particular by some officer of the Court, on payment of J^^j^'^^'^''^^' such costs (if any) to the other party as such Court or Judge jj"j'"4°'" shall think reasonable, and thereupon the trial shall proceed as J'°i'i'/'j? p'*^* if no such variance had appeared ; and in Case such trial shall be had at Nisi Prius, the order for the amendment shall be indorsed on the postea and returned together with the record, and thereupon the papers, rolls, and other records of the Court, from which such record issued, shall be amended accordingly. ! m' 99 Courts Statutes of Practical Utility. II. And be it, &c., That all Acts of the Provincial Parliament take judidtti of tliis Provincc, whether the same shall be deemed public or priyate'Acts Private Acts, shall equally be taken notice of judicially by all Courts, Judges, Justices, and other persons whomsoever, with- out being specially pleaded; and that a copy of any such Act, printed by proper authority in this Province, shall be taken as suflBcient evidence thereof, any law to the contrary notwith- standing. of Parlia mcnt. A I i!i!i'' iillll ,; I) ' ! Preamble. Stock in corporata companies rendered liable to execution lor debt (See 12 Vic. c. 23.) 2 WILLIAM IV.— CHAP. G. An Act to provide for making Stock held in Companies having a joint transferable Stock, liable to the satisfaction of Debts. [Passed 28tli January, 1832.] Whereas it is just and expedient that the Stock held by individuals, either in Banking institutions, or in other Com- panies lawfully created within this Province, and having a joint transferable Stock, should be subject to bo taken and sold in satisfaction of debts, in the same manner as other personal property : Be it, &c., That the Stock held by any person in any Bank, or in any Corporation or Company in thi3 Province having a joint transferable Stock, shall be liable to be taken and sold in execution, in the same manner as other persona]! property of the debtor. stock to be II. And be it, (Sx., That it shall and may be lawful for the in the books Cashicr of any such Bank, or for the proper officer of any corporation othcr sucli Corporation or Company, upon the production of a sherUT's certificate under the hand and seal of office of the Sheriff of sale. acting upon any execution, declaring to whom any Stock taken upon such execution shall have been sold by him, to transfer such Stock from the name of the original Stockholder to the name of the person or persons who may be named in such cer- tificate as the purchaser or purchasers under such execution ; and that such purchaser or purchasers shall from thenceforth be entitled to receive all dividends and profits arising from such stock, and shall in all other respects be considered in the place and stead of the former Stockholder. perse shall II body retur in ot defcn aboc afore such agaii 1 ^>y I] this An VIE M * \ icial Parliament cmed public or udicially by all Dmsoever, with- ' any such Act, lall be taken as itrary notwith- 3 Wm. IV., Chap. 7. 23 n Comjmnies \e satisfaction luary, 1832.] Stock held by a other Com- ind having a aken and sold ther personal ''y person in hi3 Province to be taken her personal wful for the ficer of any luction of a the Sheriff Stock taken to transfer der to the n such cer- execution ; henceforth : from such I the place Preamble. (See C. L. P. A., 1856, 8. 33.) Process in Huits insti- tuted against cor- porations, liow to bo served. 3 WILLIAM IV.— CHAP. 7. ft An Act to facilitate legal remedies against Coi'porations, [Passed 13th February, 1833.] AViiEREAS it is expedient to facilitate legal proceedings against Corporations : Be it therefore enacted, &c., That all writs and process at law hereafter to be issued against any body or bodies corporate, in the commencement of any action, and all papers and proceedings, before final judgment in any such action, may be served on the President, Presiding Officer, Cashier, Secre- tary or Treasurer thereof, in the same manner as upon any individual defendant in his natural capacity, or on such other person, or in such manner as the Court in which the action shall be brought may direct. II. And he it, &c.. That when any writ or process against a body corporate, in the commencement of a suit, shall be returned duly served, and the service thereof duly proved as in other cases, the plaintiff may enter an appearance for the defendant of course; and that the plaintiff in any suit against a body corporate, in which an appearance shall be entered, as aforesaid, or to which the defendant shall appear, may after such appearance proceed in like manner as in cases of actions against natural persons, or in such other manner as the Court by general rule shall direct. III. [Repealed by 7 William IV. Chap. 9, which makes f°°tj;^»jg this Act perpetual] Act. Upon duo service of process, plaintiff joay enter an appearance fordefendant and proceed thereon as bt the casc3 of natural persons. (3ee C. L. P. A., 1856, 8. 60.) 3 WILLIAM IV.— CHAP 8. An Act to make certain regidations relating to the office of Sheriff in this Province, and to require the several Sheriffs of this Province to give security/ for the due fulfilment of the duties of their office. [Passed 13th February, 1833.] Whereas from the tenure of the office of Sheriff in this Pro- Preamble, vince, and the nature of the security exacted for the due per- .Ml, i|Mi 24 On or before first AuKHHt, all ShoritTH to enter into bonds to the King, with two sureties conditioned to account for all public monies received bj them. Statutes of Practical Utility. formanco of its duties, sufficient indemnity is not afforded against damages that may arise from the misprisons or defaults of Sheriffs : Be it therefore enacted, d'c. That the Sheriff of each and every District of this Province shall, on or befjrc the first day of August next after the passing of this Act, enter into a bond to His Majesty, His Heirs and Successors, in the penal sum of one thousand pounds, together with two sureties, to be approved of by the Inspector General of Public Accounts, in the sum of five hundred pounds each, with a condition that he shall well and faithfully account for and pay over all such monies as he shall receive for His Majesty, His Heirs and Successors; which bond and condition shall be in the form given in the Scliedule to this Act annexed, marked A, or in words to the like efiect. II. And he it, &c., That the Sheriff of each and every give security District of this Provincc, shall also, on or before the same first performance day of August, providc either two or four sufficient persons in private wlio, together with himself, shall enter into a covenant under entering Into their scals, joint and several, according to the form given in withsufflci- the Schedule to this Act annexed, marked B, or in words to en sure os. ^^ ^^^^ effect; which covenant shall be available to, and may be sued upon by any person suffering damages by the default or wilful misconduct of any such Sheriffs, respectively. „ .. , III. And he it. &c.. That such sureties shall not be accepted Sureties to ' , , ^ be approved sufficient, uulcss a majority of the Justices of the Peace at ofbyJustices ' • « , -r. /• in Sessions, a Court of General Quarter Sessions of the Peace for the Dis- trict in which any such Sheriff is serving, shall ascertain and determine that they are good and sufficient, and unless a certificate shall be given in pursuance of such determination, under the hand and seal of the Chairman of such Quarter Sessions, declaring that the Court are satisfied that the persons named in the certificate are responsible persons to the full amount to which they are required to become surety ; which certificate shall be produced and filed at the time of the deli- vering and filing of the said covenant as hereinafter provided. beMted I^- -4«fZ he it, &c., That the bond to his Majesty, required tor Genemi'" ^J ^^^^ ^^^} ^^^^^ ^® deposited with the Inspector General of Publi^ quiroJ whichj rcceivj office thenM)! the J)i| which demunl and sil TY. is not afforded risons or defaults It the Sheriff of ^11, on or beuro ng of this Act, and Successors, gether with two eneral of Public ds each, with a 'unt for and pay [is Majesty, His tion shall be in )xed; marked A, each and every e the same first fficient persons covenant under form given in or in words to )le to, and may by the default ictively. lot be accepted the Peace at ce for the Dis- ascertain and and unless a letermination, such Quarter it the persons to the full irety; which e of the deli- er provided. !3ty, required )r General of 3 Wm. IV., Chap. 8. 25 Public Accounts in this Province ; and that the covenant re- covenants quired by this Act shall be made in duplicate, each part of c^tJ^'J"' which shall be marked duplicate, but shall be considered and on\P','").t\, received as original, one of which parts shall be tiled in the J^^'se^rSry office of the Secretary of the Province, and the other part;;|"^J,'^^^^^^*^ thereof shall be filed in the office of the Clerk of the Peace of ^^;;;,;^(^er the District for which such Sheriff shall be appointed; forf,|,',^'^°^**'° which filing the said Clerk of the Peace shall be entitled to ,, , ^, ^ ' n ^ Fee to Clork demand and receive from the Sheriff the sum of two shillings of the i'wi.;o. and six pence, and no more. Y. And be it, (C'C, That all and every person or persons shall be authorized to search and examine any such covenant, and shall and may demand and have from any Clerk of the Peace of any District of this Province a copy of such covenant as may be filed as aforesaid in pursuance of this Act ; and it shall and may be lawful for such Clerk of the Peace to demand and receive for every such search and examination one shilling and three pence, and for every such copy five shillings, and no more. YI. [Pwepcaled by 4 & 5 Yic, Chap. 91, s. 12.] YIT. And he :V, (Oc, That at any time, and at all times hereafter, when the office of Sheriff of any District of this Province shall become vacant, it shall not bo lawful for the Governor, Lieutenant Governor, or person administering the Government of this Province, to appoint any person to the said office of Sheriff until such person shall have given u bond with sureties, in the same manner and to the same tenor and effect as are by this Act required from the several persons now holding commissions and executing the said office of Sheriff. YIII. And he it, (C-c, That no person shall hereafter be appointed to the office of Sheriff in any District who shall not be possessed of real estate in this Province of the actual value of seven hundred and fifty pounds, above incumbrances, and who shall not before he receives his commission file an affidavit to that effect in the office of the Secretary of this Province ; Any jKTson may examine -lovenant, and rormire a copy, iipon payment of one Bhiiling and three pence for the search, and five sliillinRs for the copy. No Sheriff to be appointed until bonds and cove- nants have been regu- larly given and tiled according to this Act. No person to be appointed Sheriff who shall not be possessed of real estate to the value of £7')0, ascer- tained by hia own affida- vit. 26 Statutes op Practical Utility. ^iii :i m li! la case of tlie death, abaeace or iDHolvency of any surety, now Hiireties to bo given. New security Ixinf? given not to avoid former liability. which affidavit shall bo sworn before the Chairman of the Quarter Sessions of the District in open Sessions, who is hereby authorised and required to take the same. IX. And be if, dx., That if any person who shall have be- come an obligor in any such bond, or surety in any such cove- nant, shall die, or shall become resident out of this Province, or shall become insolvent, the person holding such office of Sheriff, for whom the person so dying, leaving this Province, or becoming insolvent, shall have become such obligor or surety, shall, within four months after such death or departure, or after such insolvency shall be certified in the manner herein provided, give anew the like bond and security and in the same manner as hereinbefore required, Provided ahvat/s, thid no- thing herein contained shall extend, or be construed to extend, to discharge all or any of the parties to such former bond or covenant from their liability, on account of any matter or thing which shall have been done or omitted before the renewal of the security as herein directed. Sureties apprehensive of the insolvency of their princi- pal may notify the Government thereof, whereupon new sureties may bo requirod. X. And he it, &c., That if during the period for which any such covenant, as aforesaid, shall be given, the sureties execut- ing the same, or any of them, shall apprehend that the Sheriff for whom such surety was given is insolvent, or has not pro- perty to the amount of seven hundred and fifty pounds, over and above all incumbrances and debts, and shall transmit to the Governor, Lieutenant Governor, or person administering the Government of this Province, an affidavit made by him to that effect, and sworn to before a Commissioner for taking affidavits in the Court of King's Bench, the Sheriff for whom the security was given shall be thereupon officially notified by the Secretary to his Excellency the Lieutenant Governor, or person adminis- tering the Government of this Province, that he must forthwith furnish new security in the manner pointed out by this Act, or must on affidavit deny that he is insolvent, or that he is worth less than the sum of seven hundred ".nd fifty pounds, over and above all incumbrances and debts, and that if such requisition is not complied with within one month after the sitting of the then ens cause be XL I shall be by way the forinl feasanccf| security,, XIL entered i person h ty reasoi notwitiist person, t other dct not be bi xnent for other act: distinct c XIII. shall or ] shall be 1 ■which h( covenant to be d' thereon guch Sh( sous sha as are re XIV. so recov not equ! ity, as a sums tl If TY. liairman of the >s, who is hereby 10 shall have be » any such covc- f this Province, : such office of his Province, or bh'gor or surety, r departure, or 5 manner herein and in the same iiiC(ti/s, that no- :rucd to extend, former bond or matter or thincr the renewal of i for which any sureties execut- ihat the Sheriff has not pro- pounds, over transmit to the inistering the )y him to that iting affidavits 3m the security the Secretary rson adminis- nust forthwith 3y this Act, or at he is worth nds, over and ch requisition sitting of the a I 3 \Ym. TV.. Ciivp. 8. 27 then ensuing Quarter Sessions of the District, he shall for that cause be removed from office. f XT. An after the passing of this act, for Bail to justify in vacation ^^^j^^^ befor- Judge of his Majesty's Court of Kimfs 7Jr,7ic7i,J"jJjf> ^o^*' whether the defendant be or be not in actual custody, and such vacation; Judore may make his rule or order for the allowance of such Commencf- '^ *' ... ment of Act, Bail: Provided always nevertheless, that this provision shall so far as irt> -IP 1 Tf>im p • • o 1 relatestothi* not take effect until after the end oi the Term of sitting of the provision; Court of King's Bench which shall commence next after the Judges to passing of this Act; and that it shall be competent for the of practice' Court of King's Bench in the said Term, and in any Term to'justit^ing. aftorwards, to make such orders or rules as to them shall seem fit, respecting the manner of justifying and perfecting Bail, gg ^'^''^ '^"^^'^ aforesaid, and respecting the notices to be given previous (Soex.irs, thereto, the attendance of Bail before a Commissioner or^*^''"'"^'^ before a Judge, and the affidavits or examinations to be required, or any other matter or thing which may to them appear expedient for carrying this proviso the most justly and 'conveniently into effect. D fj,| Ill 34 When defen- dant surren- dered ia District other than that wherein pction brought ; Transcript of Judgment roll may be filed in the Court of such Dis- trict ; And defen- dant charged in execution therein ; Law rejrard- ing Certio- rari not affwtod liy this pitJvi- sion. Statutes op Practical Utility. III. And he it, d-c, That in ease any defendant or defen- dants in any action now pending, or which may be hereafter brought in any of the District Courts in this Province, shall be surrendered by his Bail into the custody of the Sheriff of aay District other than that in which such action shall have been instituted, it shall and may be lawful for the plaintiff or plaintiffs in any and every such action, after obtaining and entering up judgment, to procure a transcript of the judgment roll and proceedings, certified under the hand of the Judge of the Court wherein the same shall be obtained ; and upon filing such transcript,, so certified as aforesaid, in the ofRce of the Clerk of the District Court of the District wherein such defen- dant or defendants shall be so surrendered into custody, to charcre the said defendant or defendants in execution, and take * ... all other necessary proceedings in like manner as if the suit had been originally instituted in such District Court : Provided alwat/s, that nothing in this Act contained shall be held to interfere or do away with the provision of any existing law for the removal of causes from inferior to superior Courts by writ of Certiorari, or otherwise. 4 WILLIAM IV.— CHAP. 7. An Act to facilitate the remedy hi/ Replevin. [Passed Cth of March, 1834.] Whereas it is expedient to facilitate the remedy of replevin : Be it, tf'c. That any person complaining of a lorongfid distress in a case in which by the law of England replevin might be made, may, on filing a proccipe, obtain from the office of the Clerk of the Crown and Pleas in this Province, or from the ofiice of any of his Deputies, a writ of replevin, which may bo in the form given in the Schedule to this Act marked A. II. And he it, cCt., That before the Sheriff shall proceed to ivoceedings rcplcvy upou any such writ, he shall take pledges from the upon writ of plaintiff according to the law of England in that behalf, and replevin. * i ^ ^ • o ^ the bond to be entered into for that purpose may be in the form given in the Schedule to this Act annexed marked 13 ; Preamble. fSeeU&15 Vice. 64.) llemedy by replevin Bame as by the law of Kuglaud. and t be ace III return warran Englai filing Crown his De Schcdu executi the law IV. to any either o law and y. A dant be Replevin declare, the law VI. . at the re plaintiff Court II issued, a annexed .4ays afte the defcn plaintiff, -'Jlotice, in 4ant, ani ♦ppeared. VII. V distrained idant or defcn- lay be hereafter Province, shall if the Sheriff of tion shall have the plaintiff or f obtaining and of the judgment of the Judge of and upon filing he office of the •ein such dcfen- into custody, to !Cution, and take er as if the suit ]ourt: Provided 5hall be held to ' existing law for r Courts by writ epic V In. [f March, 1834.] edy of replevin : rongful distress levin might be he office of the ice, or from the II, which may bo 1 marked A. shall proceed to ediies from the that behalf, and may be in the Ixcd marked 13 ; am may issue. 4 Wm. IV., Chap. 7. 35 and the assignment thereof to be made to the defendant may be according to the form given in the same Schedule. III. And he it, &c., That upon the Sheriff making such wben capias return of the goods destrained having been eloigned, as would 1" warrant the issuing of a capias in withernam by the law of England, a writ of capias in withernam shall issue, upon the filin"- of such return, from the ofl&ce of the Clerk of the Crown and Pleas in this Province, or from the office of any of his Deputies, which writ may be in the form given in the Schedule to this xVct annexed marked C; and that before executing such writ the Sheriff shall take pleuges according to the law of England in that behalf. IV. And he it, dx., That the Sheriff may make his warrant Ry whom, . ... , and how to any Bailiff or Bailiffs, jointly and severally, to execute writs to be cxccutcila either of the writs aforesaid to him directed, according to the kw and custom of England in that behalf. V. And he if, (fr,, That upon the appearance of the dcfeu- Proceeding dant being entered in the office from whence any writ ofance. icplevin or capias in withernam shall issue, the plaintiff may declare, and may proceed in his action of replevin according to the law of England in that behalf. VI. And he it, ttc, That if the defendant shall not appear Notice in at the return of the writ, or within eight days thereafter, the non-appcar- plaintlff shall cause a notice to be put upon the door of the defendant. Court House of the District in which such writ shall have igsued, according to the form in the Schedule to this Act annexed marked D ; and that if at the expiration of twenty-one .4ays after the said notice shall have been put up, as aforesaid, ijie defendant shall not have appeared, it shall be lawful for the plaintiff, upon filing an affidavit of the due publication of such notice, in manner aforesaid, to enter appearance for the defen- 4ant, and to proceed thereupon as if the defendant had appeared. ,t ::, VII. And he it, dx., That when the value of the goods .4istraincd shall not exceed the sum of fifteen pounds, and 36 Statutes of Practical Utility. When dis- whcre tlic title to lands shall not come in question, the writ o exocediug replevin may issue from the District Court of any District in pounds writ ^^^^ Provincc within which the distress shall have been made, from District ^^^ such proceedings maybe thereon had as shall be agreeable Co""'- to the practice of the Court of King's Bench in this Province in actions of replevin. VIII. And he it, &c., That the Court of King's Bench may ticeand by lulc or rulcs from time to time make such provision for framed by rendering the remedy of replevin easy and effectual as such of King's Court may deem conducive to the ends of justice, as well by regulating the practice to be observed in actions of replevin, as by prescribing or changing the forms of writs and proceedings to be used in such actions, or for advancing the remedy by replevin ; anc' xiat to that end the forms given to the several Schedules annexed to this Act, or any of them, may by rule of the said Court be modified and altered. . '.or* 1 yi' I jf ' ' I'lf!^ m IX. Provided ilvoays, and be it, &c., That in the absence How ^^i* practice of of any provisiou in this Act or in any rule of the Court of King'sBonch King's Bench to the contrary, the practice in England in cases to prov^° of replevin shall be pursued, so far as the same can be applied to the jurisdiction having cognizance of the case, and to the circumstances of this FroTince. SCHEDULE A. ^. . f ^ ^ c William the Fourth, by the Glrace of God, &c. Writ of rerJevn. to Wit : To the Sheriff of , Greeting : We command you, that without delay you cause to be replevied to A. B. his cattle, goods and chatties, which C. D. hath taken and unjustly detains, as it is said, in order that the said A. B. may have his just remedy in that behalf: and that you summon the said C. D. to appear before us, in our Court (See 14 & 15 of King's Bench, at York, on the day of term, to 8. 1.) ' answer to the said A. B. in a plea of taking and unjustly detaining his cattle, goods and chattels ; and what you shall do in the premises make appear to us in our Court of King's Th( boun( delay cattle,! goods I goods! then i\ else tc Sealec in thl Kn( : Sheril ^ withi I in this the writ District in ecn made, ; agreeable s Province 4 Wm. IV., Chap. 7. Bench, at Yorh^ on the day and at the place aforesaid, and have there then this writ. 37 Witness the Honourable Province, this day of - — , Chief Justice of our said -, &c. 13cnch may revision for aal as such as well by ' replevin, as proceedings 3 remedy by the several may by mle n the absence the Court of gland in cases can be applied and to the ace ofGod,&c. ou cause to be es^ which C I>- a order that the )ehalf : and that us, in our Court \ term, to ng and unjustly d what you shall Court of King's I SCHEDULE B. Know all men by these presents, that we, A. B., of W. G. of , and J. S. of , are jointly and severally uonir held and firmly bound to W. P., Esquire, Sheriff of the District of , in the sum of , t)f lawful money of Upper Canada, to be paid to the said Sheriff, or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and p Iministrators, firmly by these presents, sealed with our seals. Dated this and . day of -, one thousand eight hundred Conditioo. The condition of this obligation is such, that if the above bounden A. B. do prosecute his suit with effect and without delay against C. D. for the taking and unjustly detaining his cattle, goods and chattels, to wit : (here set forth the cattle or goods distrained,) and do make a return of ^Le said cattle, goods and chattels, if a return thereof shall be adjudged, that then this presL.it obligation shall be void and of none effect, or else to be and remain in full force and virtue. Sealed and delivered ) in the presence of | Know all men by these presents, that I, W. P., Esquire, Sheriff of the District of , have at the request of the by Sheriff. within named C. D., the avowant (or person making cognizance) in this cause, assigned over this replevin bond unto him the . >a 38 Statutes of Practical Utility. said C. D., pursuant to the Statute in such case made and provided. In witness whereof I have hereunto set my hand and seal of office, this day of , one thousand eight hundred and . Sealed and delivered ) in the presence of j SCHEDULE C. District, ) ^^lYlll^J^ t^^g Fourth, by the Grace of God, &c. I wit : ) ' •' ' to To the Sheriff of , Greeting : Writ of Whereas we lately commanded you, that without delay you withernam, should causc to be replevied to A. B. his cattle, goods and chattels, to wit, &c., (setting out the cattle and goods), which C. B. had taken and unjustly detained, as it is said, according to our writ to you afore directed, and that you should make appear to us in our Court of King^s Bench at YorJc, on the day of term, what you should do in the premises ; and you at that day returned to us that the cattle, goods and chatties, aforesaid, were eloigned by the said C. D. out of your bailiwick to places to you unknown, so that you could in no wise replevy the same to the said A. B. Therefore, we command you, that you take in withernam the cattle, goods and chattels, of the said C. D. in your baili- wick, to the value of the cattle, goods and chattels, by him the said C. D. before taken, and deliver them to said A. B., to be kept by him until the said C. D. will deliver the aforesaid cattle, goods and chattels, to the said A. B. ; and in what manner you shall have executed this our writ make appear to us on the day of term, in our Court of King's Bench, that we may cause to be further done thereupon what of right and according to the laws of our Province of Upper Canada we shall see meet to be done. "We also command you, that if the said A. B. shall make you secure of prosecuting his claims, and of returning the cattle, goods and chatties aforesaid, if a return thereof shall be adjudged, then that you put by gages J the tin and un said, ai Witi Take goods i action I said A twcnty- appeara if the sj Date( An Act and i Exch Where as will sums nc bond or be sued endorsoi the first several promiss( shall be when st endorsei of a bill the def'j of the p only sha ide and i seal of hundred God,&c. leiay you oods and s), -which iccording uld make Icj on the premises ; oods and it of your lid in no vithernam rour haili- y him the 13., to be aforesaid in what appear to of King^s ipon what of Upper mand you, jcuting his aforesaid, )u put hy 5 Wm. IV., Chap. 1. gages and safe pledges the said C. D. that he be before u?,^ at the time last aforesaid, to answer to the said A. B. of the taking and unjustly detaining of his cattle, goods and chattels, afore- said, and have then there this writ. Witness SCHEDULE D. Take notice, that unless A. B. who has distrained the cattle, p^^^^j goods and chattels of C. D., shall enter his appearance in an^*'"'*- action brouMit against him on account of the said distress, the said A. B. will on and after the day of , bcin< 30 >g twenty-one days exclusive after this notice was put up, enter appearance for hitu to the said action, and proceed therein as if the said C. D. had appeared. Pated , x\. B. in person (or by his attorney) E. F. Preamble. 5 AVILLIAM IV.— CHAP. 1. An Act to prevent the unnecessary multiplication of Law Suits and increase Df costs in actions on Notes, Bonds, Bills of Excliantje, and other instruments. [Passed IGth April, 1835.] Whereas it is expedient to make such alteration in the law as will prevent the necessity of bringing separate actions for sums not large in amount, against the several makers of a c?8?) ^ *^"' bond or other instrument, or against several persons liable to be sued upon a bill of exchange or promissory note, as maker, endorsor, or acceptor : Be it therefore enacted, cCr., That after posts recov«- the first day of July next, after the passing of this Act, when sui?oi°yr^ several suits shall be brought on one bond, recognizance, promissory note, bill of exchange, or other instrument, which shall be made or entered into after the passing of this Act^ or when several suits shall be brought against the maker and endorser of a note, or against the drawer, acceptor, or endorsers of a bill of exchange, thcie shall be collected or received from And dis- ° . ^ bursements the defendant the costs taxed on one suit only, at the election in others, of the plaintiff, and in the other suits the actual disbuvscments vjttoextend only shall be collected or received from the deferdant) but tery costs. 41 40 Statutes of Practical Utility. this provLsion shall not extend to any interlocutory costs in the progress of a cause. l!|'! II it I IT. And he it, ctr., That it shall be lawful for the holder of Upon Mils of , .,1 /. 1 • ^ f , .xchangc&c. any bill of exchange or promissory note hcrcartcr to be made, ing£i()(t, all for a sum not exceeding one hundred jiminds, instead of limy hJ in- bringing separate suits against the drawers, makers, endorsers, Htaion."'°"" and acceptors of such bill or note, to include all or any of the i-seoi:! & u said parties to the bill or note in one action, and to proceed to Vie, c. 50.) jm]gjj^(;jjt and execution in the same manner as though all the defendants were joint contractors. Dofcndantrt may plead separately. III. And he it, &c., That in any such action, any joint drawer or maker, endorser or acceptor, may plead in abatement the non-joinder of any joint drawer, maker, endorser, or acceptor, iu the same manner as though this Act had not been passed; and no judgment to be rendered in pursuance of this Act shall be of any effect against a defendant not served with process. IV. [Repealed by 3 Vic, Chap. 8.] Judgment V. And he it, &c.f That in any such action judgment may ofSJofthe he rendered for the plaintiff against some one or more of the defendants; (jefgnfjants, and also in favour of some one or more of the [fh.^s^Jt^.'s.) defendants against the plaintiff, according as the rights and liabilities of the respective parties shall appear, either upon confession, default, by pleading or on trial; and when judg- ment shall be rendered in favour of any defendant, he shall recover costs against the plaintiff in the same manner as though judgment had been rendered for all the defendants. ^j^j I [Repealed by 3 Vic, Chap. 8.] VIII. And he it, &c., That the rights and responsibilities parlies as of the scvcral parties to any such bill or note, as between each other, shall remain the same as though this Act had not been passed, saving only the rights of the plaintiff, so far as they may have been determined by the judgment. Defendant's costs. Rights of the panics as between each other to remain. I Wiff 5 Wm. IV., Chap. 1. 41 J costs in holder of bo made, istead of endorsers, ny of the )roceed to gh all the any joint ibatcmcnt lorscr, or not been ce of this rvod with meat may )re of the re of the ights and ;her upon hen judg- he shall as though msibilities fffcen each I not been ar as they I IX. And he {f, lir.., That in every suit brought pursuant to pofondants the provisions of this Act, any one or more of the defendants I"!,s,.g*i,rro"r- shall be entitled to the testimony of any co-defendant, as a *^"^ '^*-"**''** witness in all those cases where the defendant or defendants calling the witness would have been entitled to his testimony had the suit been brought in the form heretofore used, and in no other case. X. [Repealed by 3 Vic, Chap. 8.] XI. And he if, «Cr., That when in any case an action shall D,.f,,n,iunts be brought against more than one defendant under this Act, ijai'i" to '[^ who must otherwise have been sued separately, and it shalP"*^^^" happen that any one or more of the defendants shall die pending the suit, an action may nevertheless be brought against the executors or administrators of any such deceased defendant : Provided such defendant would have been liable to be sued separately, in case this Act had not been passed. XII. Prodded, ahcat/s nevertheless, and he if, (Cr., That This Act not this Act shall not apply in any case in which the sum expressed n*or.Vfor " io be payable in or upon any such bond, recognizance, pro- fVoa **^"° missory note, bill of exchange or other instrument, shall exceed yj^c!, c! tx) the sum of one hundred pounds, nor to any case where separate ^^^ ^^ ^p, actions are brought in the District Court, against persons J^j'p,'"^?^^ residing in several Districts. XIII. And he it, (fee., That when several defendants are guits may included in one process, in pursuance of the provisions of this omror*^ mom Act, and any one or more of them cannot be served with such ^'■'^"''*"'* process by reason that he, or they is or are absent from the Province, or concealed within the same, then the action may prcceed as against the other defendant or defendants without prejudice; and it shall be in the power of the plaintiff after, wards to sue such defendant or defendants separately who shall not have been served with process, and to recover costs as if this Act had not been passed, XIV. [Repealed by 3 Vic, Chip. 8.] ' be absent. L^l >» H ?•.* •s:'» 'V ^i^-** 42 Statutes op Practical Utility, ^ Provision in case Courts of ARsi/.e cannot bo opent'd on the day appointed in CoDiniis- 8lon. 7 WILLIAM IV.— CHAP. 1. An Art to increase the present mnnhrr of Jtuhjcs of Wis Majr.sfi^^s Court of Khxjs Bench in this Province; to alter the Terms for the sitlinj tf the said Court ; and for other purposes therein mentioned. [Passed 4tli Marcli, 188T.] Vl° 1 [^^Pcrsetlcd by 12 Yic, c. 08.] VII. [IlcpcalcJ by 1 Vic, c. 15.] VIII. [Superseded by 19 Vic, c. 43, ss. 152, 153.] IX. And whereas it may happen that from some unforscen casualty it maybe impracticable to open a Court of Assize and Nisi Prius, or of Oyer and Terminer or General Gaol Delivery, on the very day appointed in the Commission or IVecept for the opening of the same, and it would be attended with great public inconvenience if such court could on that account not be opened until Juries were again summoned, and a new day appointed for holding such Court : Be it further, d'c., That whenever from illness of the Judge, or from unavoidable deten- tion at the last Assize town, or from other casualty, it may happen that the Judge appointed to hold any Court of Assize and Nisi Prius, Oyer and Termmer or General Gaol Delivery, shall not arrive in time, or shall not be able to open such Court on the day appointed for that purpose, it shall and may be lawful for the Sheriff of the District in which such Court should be holden, or in his absence for his Deputy, after the hour of eight of the clock in the afternoon of such day, to adjourn by proclamation all and every the Courts which shall be appointed to be opened on that day, to an hour on the following day to be by him named, and so from day to day until the Judge shall arrive to open such Court or Courts, or until he shall receive other direction from the Judge in that behalf. X. And he it, &c., That from and out of the said rates and duties, there be granted to His said Majesty, His Heirs and JudRCs' travfUing expenses to . n , i i tt* at ■ i x be allowed. Succcssors, a Sufficient sum annually to enable llis luajesty to 4 7 Wm. IV.. CiiAP. 3. 43 Ijes of Ills ice; to alter nd for other rch, 188T.] 15.3.] Tie unforsccn )f Assize and Mol Delivery, • Precept for (1 with great account not J a new day >r, dV., That iduble deten- ahy, it may irt of Assize aol Delivery, such Court and may be such Court ty, after the such day, to which shall hour on the |r to day until urts, or until that behalf. aid rates and is Heirs and s Majesty to pay to the Judges of Assize and NisiPrius, Oyer and Terminer p,„,,or and General (laol Delivery, the sum of twenty-five pounds forAH^'i/.r each time that they shull hold any such Court or Courts in any j.,,^ri(Tof JJisfrict of this Province, except the ILmc DUtrirt, for the ",;",'", tt,,^, purpose of defraying their travelling expenses; and also ^^H^'^l^^xn sum sufficient to enable His Majesty to pay the Clerks of ^■:;;;;*,;';;^„,ij Assize their usual and accustomed fees, for the duties per-J|.'^"8 formed by them as officers of the Courts of Oyer and Terminer and General Gaol Delivery; and also to pay the Sheriff of the Home District the sum of eleven shillings and eight ponce per day, for attending the Terms of the Court of KiiKjs Bench at the scat of Guvernmcnt. 7 WILLIAM IV.— CHAP. 3. An Act for th further Amendment of the Law, and the letter advancement of Justice. [Passed 4th March, 1837.] "Whereas it would greatly contribute to the diminishing of Pieambio. expense in suits in the Court of Kinr/'s Bench, if the pleadings (Sro 12 vic, therein were in some respects altered, and the questions to bo tried by the Jury left less at large than they now are, according to the course and practice of pleading in several forms of action ; but this cannot be conveniently done otherwise than by rules or orders of the Judges of the said Court, from time to time to be made, and doubts may arise as to the power of the said Judges to make such alterations without the authority of the Legislature: Be it therefore enacted, dr., That the Judges of His Majesty's Court of King's Bench in this Pro- vince, or the majority of them, including the Chief Justice, ^,"|^Kin"'fl shall and may, by any rule or order to be from time to time il«nciiautho- >> > J J riscd to alter by them made, in term or vacation, at any time within five ^^' 'r"'''"u''^ years from the time when this Act shall take effect, make such »""i« of Court, alterations in the mode of pleading in the said Court, and in the mode of entering and transcribing pleadings, iud";menls, ... . °^ D'Jo ' And rcpiila- and other proceedmgs in actions at law, and such regulations tions as to , ,1 n 1 1 • . . *''® payment as to tne payment 01 costs, and otherwise for carrying into of costs; 44 Statutes op Practical Utility. Such rules to bo laid before I'arliament. Rules not to have effect till six weeks after they shall have been laid before Parliamcat. Afterwards to be binding on Court , And on Courts of Appeal and Error ; Rules iHit to affect plead- ings under Acts of Parliament. effect the said alterations, as to them may seem expedient; and all such rules, orders, or regulations, shall he laid before both Houses of the Legislature, if they shall be then sitting, imme- diately upon the making of the same, or if the Legislature be not then sitting, then within five days after the next meeting thereof} and no such rule, order or regulation, shall have effect until six weeks after the same shall have been laid before both Houses of the Legislature ; and any rule or order so made, shall, from and after such time aforesaid, be binding and obligatory on the said Court, and all other Courts of common law in this Province, to which the same shall be made expr< sly to extend, and on all Courts of Appeal or Courts of Erro.- in this Province, into which the judgments of the said (^ourts, or any of them, shall be carried by appeal, or by any writ of error, and be of the like force and effect as if the provisions contained therein had been expressly enacted by the Legislature of this Province : Provided ahcays, that no such rale or order shall have the efiect of depriving any person of the po"^o" of pleading the general issue, and giving the special mat'er i-i evidence, in any case wherein he is now or hereafter shall \)0 entii'ed to do so, by virtue of any Act of Parliament now or hereafter to be in force. ■■i'i (t;;i, Executors of any person deceased [ may main- tain actions for injuries done to real estate in testator's life time. Actions to bo commenced within one year of the death of the Iiarty; II. And ichereas there is no remedy provided by law for injuries to the real estate of any person deceased, committed in his life time nor for certain wrongs done by a person deceased in his afe time to another, in respect of his property, real or personal; for remedy thereof. Be it, dtc, That an action of trespass, or trespass on the case, as the case may be, may be maintained by the executors or administrators of any person deceased, for any injury to the real estate of such person, committed in his life time, for which an action might have been maintained by such person, so as such injury shall have been committed within six calendar months before the death of such deceased person ; And jyrovidcd, such action shall be brought within one year after the death of such person ; and the damages, when recovered, shall be part of the personal estate ot such person : And further^ that an action of trespass, 7 Wm. IV., Chap. 3. 45 edicnt; and before both ting, imme- ^islature be jxt meeting shall have laid before or order so be binding • Courts of .all be made 3r Courts of of the said I, or by any it as if the icted by the hat no such ly person of ; the special or hereafter Parliament d by law for , committed )y a person lis property, lat an action nay be, may [ any person uch person, might have f shall have re the death tion shall be person and ihe personal I of trespass, or trespass on the case, as the case may be, may be maintained i>"iiage8 i ' _ J > 'i recovered to af^ainst the executors or administrators of any person deceased, p« part of o ^ ..... "18 personal for anv wronfj committed by him in his life time to another, in estate ; , -I'll Actions respect of his property, real or personal, so as such injury shall aK"inst executors have been committed within six calendar months before such for wrongs person's death, and so as such action shall be brought within by deceased, six calendar months after such executors or administrators brought shall have taken upon themselves the administration of the raiondar* estate and effects of such person ; and the damages to be jMmages recovered in such action shall be payable in like order of ^'•l^pj^j'^ "^ administration as the simple contract debts of such persons, debts!"^'^ III. And he it, Sc, That all actions of debt for rent, upon Limitations an indenture of demise ; all actions of covenant or debt, upon commenco- any bond or other speciality; and all actions of debt, or scire particular facias upon any recognizance; and also all actions of debt"^"^"""^' upon any award, where the submission is not by speciality, or for an escape, or for money levied on any fieri facias ; and all actions for penalties, damages, or sums of money given to the party grieved, by any Statute now or hereafter to be in force, that shall be sued or brought at any time after the passing of this Act, shall be commenced and sued within the time and limitation hereinafter expressed, and not after, that is to say : The said actions of debt for rent, upon an indenture of demise or covenant, or debt upon any bond or other speciality, actions debum " of debt, or scire facias upon recognizance, within ten years c1)v'^nan't' after the passing of this Act, or within twenty years after the sSaUy, or cause of such actions or suits, but not after; the said actions ''"'"'^'^^*^' by the party grieved, one year after the passing of this Act, or within two years after the cause of such actions or suits, but not after; and the said other actions, within three years after the passing of this Act, or within six years after the cause of ^^j^^ such actions or suits, but not after : Provided , that nothing actions. herein contained shall extend to any action given by any Statute, where the time for bringing such action is or shall be by any Statute specially limited. IV. And he it, dr., That if any person or persons that is ProviHion in or are, or shall bo entitled to any such action or suit, or to disauiities ; 0'> 46 Statutes of Practical Utility. such scire facias, is or are, or shall be at the time of any such cause of action accruing, within the age of twenty-one years, femme covert, non compos mentis, without the limits of this Province, then such person or persons shall be at liberty to bring the same actions, so as they commence the came within such times after their coming to or being of full age, discovert, of sound memory, or returned to this Province, as other persons having no such impediment should according to the provisions of this Act have done; and that if any person or persons, against whom there shall be any such cause of action, is or are, or shall be, at the time such cause of action accrued, without this Province, the person or persons entitled to any such cause of action shall be at liberty to bring the same against such person or persons within such times as are before limited, after the return of such person or persons to this Province : Provided always^ that if any acknowledgment shall have been made, wrinen^ °^ either by writing signed by the party liable, by virtue of such mentT'''*'?t i'^dcnturc, speciality or recognizance, or his agent, or by part payment; payment, or part satisfaction, on account of any principal or interest being due thereon, it shall and may be lawful for the Vic, c. 61.) person or persons entitled to such actions, to bring his or their action for the money remaining unpaid and so acknowledged to be due, within twenty years after such acknowledgment by writing, or part payment, or part satisfaction, as aforesaid ; or in case the person or persons entitled to such action shall, at the time of such acknowledgment, be under such disability, as aforesaid, or the party making such acknowledgment be, at the time of making the same, without this Province, then within twenty years after such disability shall have ceased, as aforesaid, or the party shall have returned to this Province, as the case AckuowiodK- ^^y ^^ ^ ^^^ ^^ plaintiff or plaintiffs in any such action, on pieaded'in ^^ ^°y indenture, ^^peciality or recognizance, may, by way of repUcation. replication, state such acknowledgment, and that such action was brought within the time aforesaid, in answer to a plea of this Statute. incaso V. And he ity dx., That if in any of the said actions judg- be reversed ment bc given for the plaintiff, and the same be reversed from pk 7 Wm. IV., Chap. 3. 47 of any such y-one years, mits of this it liberty to came within ;c, discovert, ther persons >e provisions or persons, )n, is or are, led, without J such cause against such imited, after 1 : Provided been made, 'tue of such ., or by part principal or wful for the his or their knowledged edgment by foresaid; or on shall, at lisability, as at be, at the then within as aforesaid, as the case 1 action, on by way of such action ;o a plea of ;tions judg- vcrsed from error in a Court of Error or Appeal, or if a verdict pass for the for error, Ac. new action plaintiflF, and upon matter alleged in arrest of judgment, the may be • I'TTii !• conimenced judgment be given against the plaintm, that he take nothing withm a for his plaint, writ or bill, or if in any of the said actions the defendant shall be outlawed, and shall reverse the outlawry, that in all such cases the party plaintiff, his executors or administrators, as the case shall require, may commence a new suit or action, from time to time, within a year after such judgment reversed, or such judgment given against the plaintiflF, or outlawry reversed, and not after. VI. And he it, dx., That no plea in abatement for the non-ricftsin joinder of any person as a co-deiendant, shall be allowed infomon- any Court of Common Law, unless it shall be stated in such state party'* rpsidciicc plea that such person is resident within the jurisdiction of the and lo ' Court, and unless the place of residence of such person shall Imdavit. ^ be stated with convenient certainty in an ajjiduvit verifying A.rif*56,* such plea. VII. And he if, d-c, That in all cases in which, after such plea in abatement, the plaintiff shall, without having proceeded to trial upon an issue thereon, commence another action against the defendant or defendants, in the action in which such plea in abatement shall have been pleaded, and the person or persons named in such plea in abatement, as joint contractors, if it fcliall appear by the pleadings in such subsequent action, or on the evidence at the trial thereof, that all the original defendants are liable, but that one or more of the persons named in such plea in abatement, or any subsequent plea in abatement, are not liable as a contracting party or parties, the plaintiflF shall nevertheless be entitled to judgment, or to a verdict and judg- ment, as the case may be, against the other defendant or defendants who shall appear to be liable : and every defendant who is not so liable shall have judgment, and shall be entitled to his costs as against the plaintiff, who shall be allowed the same as costs in the cause against the defendant or defendants who shall have so pleaded inabatement the non-joinder of such person : Provided, that any such defendant, who shall have so pleaded in abatement, shall be at liberty on the trial to adduce 8S. 67-76.) Undor plea in abate- ment, plaintiff may iiave judg- ment against defi'ndanta who are liable ; Judgment and costs to defundants nut liable. (See C. L. P. A., l.SM, 88. 07-76.) m m ■^ i if '■1 1 \. '■■'■ ' 48 Statutes of Practical Utility. evidence of the liability of the defendants named by him in such pica in abatement. VIII. And he it, c£r., That no plea in abatement for mis- nomer shall be allowed in any personal action, but that in all cases in whioh a misnomer would, but for this Act, have been by law pleadable in abatement, in such actions the defendant shall be at liberty to caus^ the dec^'^ration to be amended, at the costs of the plaintiif, by inserti;!j^ the right name, upon a Judge's summons founded on an affidavit of the right name ; and in case such summons shall be discharged, the costs of such application shall be paid by the party applying, if the Judge shall think fit. IX. And he it, &c., That in all actions upon bills of ex- t°iu!id?o'* change, or promissory notes, or other written instruments, any Misnomer not to bo pleaded in abatomont, but to be amendud at costs of plaintifT uponJiidgu' summons. bail, initial gf ^q partics to which are desiji-nated by i-lie initial letter or or contrac- ^ o j tion of Christian name, Eufflcient. letters, or some contraction of the Christian, or first name or names, it shall be sufficient in every affidavit to hold to bail, and in the process or declaration to designate such person by the same initial letter or letters, or contraction of the Christian, or first name or names, instead of stating the Christian, or first name or names in full. t ' ■! 1- L. Wager of X. And he it, &c., That no wager of law shall be hereafter lawdis- 11 J allowed. allowed. Action of XI. And he it, &c., That an action of debt on simple tainabio contract shall be maintainable in any Court of Common Law executor, &c. against any executor or administrator. XII. And whereas it is expedient to lessen the expense of Court cm- /./.• • -i i ' ^ o powered to the proof Oi Written or printed documents, or copies thereof, oa foradmission the trial of causes : Be it, &c., That it shall and may be lawful for the Judges of His Majesty's Court of King's Bench in this Province, or the major part of them, as aforesaid, at any time v.ithin five years after this Act shall take effect, to make regu- lations by general rules or orders, from time to time, in term (SeoC. L. P. or in vacation, touching the voluntary admission, upon an 88. 165-167.) application for that purpose, at a reasonable time before the mentary evidence. 7 Wm. IV., Chap. 3. 49 by him in 2nt for mis- t that in all :, have been le defendant fimendcd, at ame, upon a right name ; the costs of lying, if the 1 bills of ex- ruraents, any tial letter or Srst name or hold to bail, eh person by he Christian, istian, or first be hereafter it on simple lommon Law le expense of es thereof, on nay be lawful 5ench in this at any time 3 make regu- ;ime, in term ^(m 3n, upon an ^e before the triai, of one party to the other, of all such written or printed documents, or copies of documents, as are intended to be offered in evidence on the said trial by the party requiring such admission, and touching the inspection thereof before such admission is made, and touching the costs which may be incurred by the proof of such documents or copies on the trial of the cause, in case of the omitting to apply for such admission, or the not producing of such documents or copies for the purpose of obtaining admission thereof, or of the refusal to make such admission, as the case may be, and as to the said Judges, or a majority of them, shall seem meet; and all such rules and orders shall be binding and obligatory in the said Court, and of the like force as if the provisions therein contained had been expressly enacted by Parliament. XIII. And he it, <(r., That it shall be lawful for the defcn- Defendant dant in all personal actions, (except actions for assault and oeTta^n casc^ battery ; false imprisonment ; lihcl ; slander ; malicious arrest ^'lends intc or prosecution ; criminal conversation or debauching of the ^""''*" plaintiff's daughter c servant,) by leave of any Court of ^g^.^, ^3 .s^ ^.t llccord where such action is pending, or of a Judge thereof, ^ ''^' ""■ ''^■^ to pay into Court a sum of money by way of compensation or j^iJ-J*; 'Jj;^ amends, in such manner and under ^uch regulations as to the ^--•'> payment of costs and the form of pleading as the said Judges f^}'^ ^''' • of His Majesty's Court of A7/?y's Jknch, or a majority of them, as aforesaid, by any rules or order by them to be from time to time made, shall order and direct. XIV. And wJiereas unnecessary delay and expense is i/^oai actions sometimes occasioned by the trial of local actions in the [li'anot£i''^ District where the cause of action has arisen : he it, dr., thatsuSuou in any action depending in the Court of King's Bench, the r^dS. venue in which is by law local, the ( 'ourt or any Judge thereof may, on application of either party, order the issue to be tried f_%f "'"''■ or damages to be assessed in any other District than that in which the venue is laid, and for that purpose the said Court , or a Judge thereof may order a suggestion to be entered on [the record, that the trial may be more conveniently had or £ 50 Statutes op Practical Utility. damap^'^s assessed in the District where the same is oide r t d take place. lis !"■ ( Ij j' i i: it Oourts of record may direct pleadings to bo amended at the trial in certain actions; . Sse C. L. P. A., is:. 6. V\io\\ sueli t-^rins re- specting c sts as may >oem I'casonablo. XV. And whereas great expense is often incurred, artd delay or failure of Justice takes place at trials, by reason of variances as to some particular or particulars between the proof and the record, or sotting forth on the record on which the trial is had, of contracts, names, and other matters or circum- stances not material to the merits of the case, and by the mis-statement of which the opposite party cannot have been prejudiced, and the same cannot in any case be amended at the trial, except where the variance is between any matte ^ In writing or in print produced in evidence and the record : uhul u'liereas it isexpedient to allow such amendments as horciuaftcr mentioned to be made on the trial of the cause, he if, d:c., that it shall be lawful for any Court of Ilecord holding plea in civil actions, and for any Judge sitting at Nisi Prius, if such Court or Judge shall see fit so to do, to cause the record, writ, or document, on which any trial may be pending before any such Court or Judge in any civil action, or in any infonnation in the nature of a quo warranto, or procec dings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, in which the trial is proceeding, of any contract, name or other matter, in any particular or particulars, in the judgment of such Court or Judge not material to the merits of the case, and by w^hich the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to bo forthwith amended by some officer of the Court, or otherwise, both in the part of the pleadings where such variance occurs, and in every other part of the pleadings which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another Jury, or both of payment of costs and post- ponement, as such Court or Judge shall think reasonable; and in case such variance shall be in some particular or particulars in the judgment of such Court or Judge not material to the merits of the case, but such as that the opposite party may ;l# 7 Wm. IV., Chap. 3. 51 8 ortle r t d ncuvrcd, an'd by reason of cen tlie proof on which the [jrs or circum- ?, and by the ot have been ic amended at any matter In 1 record : And as hereinafter he It, ii:c., that ig plea in civil , if such Court •ccord, writ, or »efore any such I information in 1 a mandamus, ■)\'Oof and the • document, in name or other G judgment of ts of the case, )ccn prejudiced defence, to be t, or other^vise, ariance occurs, it may become ent uf costs to had before the costs and pdst- ■easonable; and ir or particulars uuiterinl to the osite party may have been prejudiced thereby in the conduct of his action, Or allow 1 /-I T 1 1 11 !_ **^" record to prosecution or defence, then such Court or Judge shall have i e with- - drawn; power to cause the same to be amended, upon payment ot costs to the other party, and withdrawing the record or postponing the trial, as aforesaid, as such Court or Judge shall think reasonable ; and after any such amendment the trial shall ment the proceed (in case the same shall be proceeded with) in the same Z^ed as ^'^ manner in all respects, both with regard to the liability of such var^° witnesses to be indicted for perjury, and otherwise, as if no appeared, such variance had appeared ; and in case such trial shall be q^ j^jj^, ^j, had at Nisi Prius, the order for the amendment shall be ^^j^^^f^'"''' endorsed on the pestea, and returned together with the record; ^"'j^e*'"**^"* and thereupon such papers, rolls, and other records of the ^°^°''^**j'^ °f^ Court from which such record issued, as it may be necessary to amend, shall be amended accordingly, and the order for records to be ' D ^ / amended amendment shall be entered on the roll or other document f^c'^fdingiy; upon which the trial shall be had: Provulcd, that it shall be P'^ty di»- lawful for any party who is dissatisfied with the decision of the amend- such Judge at Nisi Pvius, respecting his allowance of any such apply for amendment, to apply to the Court from which such record issued for a new trial upon that ground; and in case any such Court shall think such amendment improper, a new trial shall be granted accordingly, on such terms as the Court shall think fit, or the Court shall make such other order as to them may seem meet. XVI. And he if, &c., That the said Court or Judge shall and may, if they or he think fit, in all such cases of vari- ance, instead of causing the record to be amended, as afore- sc.id, direct the jury to find the fact or facts according to the evidence, and thereupon such finding shall be stated on such record j and notwithstanding the finding on the issue joined, the Court from which the record issued shall, if they shall think the said variance immaterial to the merits of the case, and the mis-statement such as could not have prejudiced the opposite party in ihe conduct of the action or defence, give judgment according to the very right and justice of the case. Instead of amendment the Judge may direct the Jury to find facts according to the evidence, and if vari- ance be immaterial, Court may give judg- ment acixirding to the merits. 1^^ 1.1- 1^ m 52 Statutes of Practical Utility. After iRsuo jokiod, tho parties may agree upon a special case for the opinion of the Court. (See C. L. r. A., 1350, BS. 77-83.) Interested witnesses may bo examined ; See 16 Vic. c. 19.:> But tho verdict or judgment not admissi- ble for or against such witnesses. XVII. Aiicl he it, <£c., That it shall be lawful for the par- tics in any action or information after issue joine'l, by consent and by order of any of the Judges of the Court in which the action is depending, to state the facts of the case, in the form of a special case, for the opinion of the Court, and to agree that a judgment shall be entered for the Plaintiff or Defendant by confession, or of nolle prosequi, immediately after the deci- sion of the case or otherwise as the Court may think fit, and judgment shall be entered accordingly. XVIII. And in order to render the rejection of witnesses on the ground of interest less frequent; he it, dx., that if any witness shall be objected to as incompetent, on the ground that the verdict or judgment in the action on which it shall be pro- posed to examine him would be admissible in evidence for or against him, such witness shall nevertheless bo examined ; but in that case a verdict or judgment in that action in favour of the party on whose behalf he sliull have been examined shall not be admissible in evidence for him, or for any one claiming under him, nor shall a verdict or judgment against the party on whose behalf he shall have been examined be admissible in evidence against him, or any one claiming under him. / W XIX. And he it, &c., That the name of every witness objected to as incompetent, on the ground that such verdict or judgment NaTTiOS ot interested witnesses to i i • -i i • • i be endorsed would be admissiblo in evidence for or against him, shall at on the . . record, the trial be endorsed on the record on which the trial shall be had, together with the name of the party on whose behalf he was examined, by some oflBcer of the Court, at the request of either party, and shall be afterwards entered on the record of of the the judgment, and such endorsement or entry shall be sufficient who8e°behaif evidence that such witness was examined, in any subsequent proceeding on which the verdict or judgment shall be offered in evidence. (See 16 Vic, c, 19.) And tho name party whost examined. „, , XX. A7id he it, &c., That upon all debts or sums certain, The Jury ' ' ^ . . • r may allow payable at a certain time, or otherwise, the iury on the trial of interest on ^ •' ' ^ , -p i i n debts in any issuc, or on any assessment of damages, may, if they shall ' think fit, allow interest to the creditor from the time when !«' il for tlie par- , by consent in which the , in the form and to agree or Defendant fter the deci- think fit, and . of witnesses :., that if any e ground that i shall he pro- idence for or samined; but 1 in favour of samined shall ' one claiming inst the party ) admissible in him. itness objected it or judgment him, shall at trial shall be lose behalf he the request of the record of 11 be suf&cient ny subsequent hall be offered sums certain, on the trial of jr, if they shall he time when 7 Wm. IV., CnAr. 3. 53 such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time 'vhen demand of pay inent shall have been made in writing, so np such demand shall 2;ive notice to the debtor that interest will be chiimcd from the date of such demand until the time of pay- ment ; Provided, that interest shall be payable in all cases in which it is now payable by law, or in which it has been usual for a jury to allow interest. XXI. And he it, (fr., That the Jury on the trial of any j^^^^^g^ j^^ issue, or on any inquisition of damages, may, if they shall ^''^t^lrVof think fit, give interest in the nature of damages over and ^*'""''"'* above the value of the goods at the time of the conversion or seizure, in all actions of trover, or trespass de bonis asportatis, and over and above the money recoverable in all actions on policies of assurance made after the passing of this Act. XXII. And he it, &c.. That if any person shall sue out any ^^^^ ^^ writ of error or appeal upon any judgment whatsoever, given '^^^^^• in any Court in any action personal, and the Court of Error ox^^^'^y^^^y '' •'^ *■ ' writ of error. Appeal shall give judgment for the defendant in error, then j,^^ ^^ vie interest shall be allowed by the Court of Error or Appeal, for c- '''=5> s. 37, such time as execution has been delayed by such writ of error or appeal for the delaying thereof. XXIII. And he it, &c., That in every action brought byp^^ ^entof an\ executor or administrator, in right of the testator or intcs- '^°^^^ ^y ' . ' ^ executors tate, after the time this act shall go into effect, such executor *°d adminis- or administrator shall, unless the Ccurt in which such action is brought, or a Judge thereof, shall otherwise order, be liable to pay costs to the defendant in case of being non-suited, or a verdict passing against the plaintiff, and in all other cases in which he would be liable if the plaintiff were suing in his own right upon a cause of action accruing to himself, and the defendant shall have judgment for such costs, and they shall be recovered in like manner. XXIV. And he it, dr., That when several persons shall be Defendants made defendants in any personal action, and any one of them costs a*fter**a k\% ill fM 1 1 .Hi ^ii ;i'! :ilii 64 Statutes of Practical Utility. nolle propo- shall havG a nolle prosequi entered as to him or them, or uj)on tho'jiidnc the trial of such action shall have a verdict pass for him or '" them, every such person shall have judgment for and recover Ills reasonable costs, unless, la the ease of a trial, the Judge before "whom such cause shall be tried shall certify upon the record, under his hand, that there was a reasonable cause for making such person a defendant in such action. Costs whero XXV. And hc it, &€., That where any nolle prosequi shall quieiuerod havc been entered upon any count, or as to part of any declara- aLiMution. tion, the defendant shall be entitled to and have judgment for his reasonable costs in that behalf. Plaintiff XXVI. And he it, d-c, That in all writs of scire facias, the costs on plaintiff obtaining judgment on an award of execution, shall after j'udg-' fccover his costs of suit upon a judgment by default, as well as defauitf&c. upon a judgment after plea pleaded, or demurrer joined; and (Seec. L. p. that whcre judgment shall be given either for or against a B.'m^dscq.) plaintiff or demandant, or for or against a defendant or tenant, upon any demurrer joined in any action whatever, the party in whose favour such judgment shall be given shall also havc judgment to recover his costs in that behalf. XXVII. A7id he it, dc, That it shall be lawful for the Executors ... » i 11 i t . and adminis- cxccutors or administrators of any lessor or landlord, to distrain tratorsofa ^ -i i -i • ^ n •^^ n ^ lessor may upou the lands demised for any term, or at will, for the rent. arrearages of rent due to such lessor or landlord in his lifetime, in like manner as such lessor or landlord might have done in his lifetime. XXVIII. And he it, &c., That such arrearages may be arrearages dcstraincd for afV,er the end or determination of such term, or be distrained lease at will, in the same manner as if such term or lease had six months not been ended or determined ; Provided, that such distress be miaation of made within the space of six calendar months after the deter- t e ease, miuation of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due : Provided also, that all and every the powers and pro- visions in the several Statutes made relating to distresses for rent, shall be applicable to the distresses so made, as aforesaid. I i them, or upon iss for him or for and recover ial, the Judge rtify upon the lahlc cause for prosequi shall of any declara- Q judgment for scire facias, the ixccution, shall fault, as well as 'er joined; and )r or against a idant or tenant, er, the party in shall also have lawful for the lord, to distrain it will, for the in his lifetime, it have done in 3arages may be f such term, or rm or lease had such distress be after the deter- 1 continuance of arrears became )0wers and pro- ;o distresses for de, as aforesaid. 7 Wm. IV., Chap. 3. 65 XXIX. And jchcreas it is expedient to render references to SubmiRHinu ... n* , 1 71 •, /> mi ,1 -I *" arbitra- arbitration more cuoctual : Jie it, mc, lliat tlic power and tionifa;{rt'C'i authority of any arbitrator or umpire appointed by, or in iui.m.i'"^ ' pursuance of any rule of Court, or Judges' order or orders of rovocaMc. Nisi I'rius, in any action now brought, or which shall be here- after brought, or by or in pursuance of any submission to |,,iivi!"o/ roforcnco, containing an agreement that such submission shall ^""''*' be made a rule of his Majesty's Court of King's IJench, shall ^^,,„,.^,^,^,,, not be revocable by any party to such reference, without thcPJ"J.|.'i.^Jj|[,J*.'*'' leave of the Court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of^°!"'''""y a Judi!;e ; and the arbitrator and umpire shall and may, and is ''"'■ i"«i^, that every person whose attendance shall be so required shall be entitled to the like conduct money and payment of m expenses, and for loss of time, as for and upon attendance at On paymtnt any trial : Provided also, that the application made to such expeu.ses. 56 I ¥^ ■■ i L '-»^ Witnesses uiay b.) sworn upon ^rbitratiimg; False swojir- ing to bo (k-emi'd porjury. Writ of lieri ficias may issuo without II testatum fi.fa. (See C. L. P. A., 1850, s. 186.) (See C. L. P. A., 1856, s. 192.) Oommence- iiicatof this Act. Statutes op Practical Utility. Court or Judge for such rule or order shall set forth the phee where such witness is residing at the time : Provided (dm, that no person shall be compelled to produce, under any such rule or order, any writing or other document that he would not be compelled to produce at a trial, or to attend at more than two consecutive day.s, to bo named in such order. XXXI. And he it, d'c, That when in any rule or order of reference, or in any submission to arbitration containing an agreement that the submission shall be made a rule of Court, it shall be ordered or agreed that the witnesses upon such reference shall be examined upon oath, it shall be lawful for the arbitrator or umpire, or for any one arbitrator, ind he or they are hereby authorised and required to administer an oath to such witnesses, or take their affirmation in cases where affirmation is allowed by law instead of an oath -, and if upon such oath or affirmation any person making the same shall wilfully and corruptly give any false evidence, every per.son so offending shall bo deemed and taken to be guilty of perjury, and may bo prosecuted and punished accordingly. XXXII. [Repealed by 9 Vic, c. 5G.] XXXIIT. And he it, d'c, That it shall not be necessary after the time this Act shall take effect, to sue out process of execution into that district in which the venue in any action shall be laid, for the sole purpose of warranting the suing out process of execution intj any other District; nor need any writ of execution be a testatum writ, merely because of its being directed to the Sheriff of any other District than that in which the venue may belaid; but it shall be lawful to sue out execution into any District of this Province, without regard to the venue having been laid in any other District : Provided always, that where it is now necessary to sue out process of execution against the person into any particular District, in order to charge bail, the same shall still continue to be neces- sary, notwithstanding any thing contained in this Act. XXXIV. And he it, &c.. That this Statute shall commence and take effect on the first day of June next after the passing thereof. 7 Wm. IV., CiiAi'. 14. 57 t fortli tli(^ phcc Provuhd ahOf under any such [lat he would not d at more than or. rule or order of ti containinj^ an a rule of Court, esses upon such 11 be lawful for 'ator, ind he or iministcr an oath in cases where th ; and if upon ; the same shall , every pcr.s^on so fuilty of perjury, 1 7 WILLIAM IV.— CHAP. 14. An Art to svppfj/ htj a ffnicral hue vrrtahi form» of enactment ill common nsc, vhir/i may rcndrr it uuucccssoit/ to rcjicat the sresentative die, it shall and may be lawful for the plaintiff or plaintiffs, or Joint Con- the survivor or survivors of them, or the executor or adminis- authorised; trator of such survivor, to proceed by writ of scire fiicias (See c. l. r. against the representatives of sucli defendant or defendants, w.'208,'c<'sc7.) respeclivcly, so dying, notwithstanding there may be another defendant still living, and against whom the said judgment ^unfto^b^ maybe in force: Provided alicaij^, that nothing in this Act t^jJn'^ljgbt contained shall be construed to extend to authorise the collec- ^yg'Jjy'.^^ue^.*^^ tion of a greater sum than the debt or damages justly due, with interests and costs : Provided ahcai/s, that the property I'imjtation of and effects of stock holders in Chartered 13anks, or the mem- stockholders bers of other incorporated Companies, shall not be rendered Banks, or in- liable to a greater extent than they would have been if this CompaDi Act had not been passed. ?>*1 iihility of the nd of Dcfen- anuary, 1838.] ) or more of nt shall have t contractors, itive of such is not liable nise ; for the more of any 2 YICTORIA.-CIIAP. 1. An Act to regulate the name and st>/Ie of the Court estahlished tinder the authorit// of an Act of the Provincial Parliament, 2Kissed in the thirtij-fourth year of the reign of King George the Third, intitidcd, ^^ An Act to establish a Suj-ierior Court of Civil and Criminal Jurisdiction, and to regulate the Court of Appeal." [Passed nth May, 1839.] "Whereas it is expedient and right, that the name and style rreambie. of the Court established in this Province under the authority w V' ; 62 Statutes of Practical Utility. of an Act of the Provincial Parliament, passed in the thirty- fourth year of the reign of His late Majesty King George ihe Third, intituled, " An Act to establish a Superior Court of Civil and Criminal Jurisdiction, and to regulate the Court of Appeal," should alter and vary according to the existing fact of the reiiiinino; fiovereign being male or female: Be it, dec. style of o o o o ^ 77 Court to bo That from and after the passing of this Act, the name and " King's or . Queen's stylc of the Said Court shall be. His Majesty's Court of King's according to Bcncli in and for the Province of Upper Canada, during the e rcigu o j.^jg|^ q£ ^jjy j^j^^ig Sovereign ; and that the said name and stylo shall be. Her Majesty's Court of Queen's Bench in und for the Province of Upper Canada, during the reign of any female Sovereign, as the case may be, anything in the above-mentioned Act to the contrary thereof in anywise notwithstanding. a male or female Sovereign, II. [Pending suits not affected.] Preamble. (See 12 Vic, c. 63, s. 48.) Puisne Judges empowered to appoint Commis- Biouers in the absence of the Chief Justice. 2 VICTORIA.— CHAP. 2. All Act to alter and amend tlicJawrcJatlng to ineajypointment of Commissioners of the Court of Kin ^4 Criminal Jurisdiction in every part of the said gpy^J^Jw- United Province; Be it, iScc, That the copy of the Statutes wintMb* ^^^ Ordinances of the late Province of Lower Canada, printed ^^t^ojl'^y' to and published by the printer duly authorized to print and publish the same by Her Majesty, or by any of her Royal predecessors, shall be received as conclusive evidence of the several Statutes made and enacted prior to the Union of the Provinces of Upper and Lower Canada, by the Legislature of the Province of Lower Canada, and of the tenor of such Statutes and Ordinances, in all suits, actions, or prosecutions respectively, commenced, instituted, or carried on, or to be commenced, instituted, or carried on in any Court of Civil or Criminal Jurisdiction, in that part of the Province of Canada Copy of the Called Upper Canada j and in like manner the copy of the J^Tcan^ad?" Statutcs of the latft Province of Upper Canada, printed and authorit'yf to P^^^^^^®^ by the printer duly authorized by Her Majesty, or inLower*^ by any of her Boyal predecessors, to print and publish the .Canada. same, shall be received as conclusive evidence of the several Statutcs made and enacted by the Legislature of the said Province of Upper Canada, prior to the union of the said Provinces of Upper and Lower Canada, and of the tenor of such Statutes in all suits, actions, or prosecutions respectively, commenced, instituted, or carried on, in any Court of Civil or Criminal Jurisdiction in that part of the Province of Canada called Lower Canada. Certificates U. And he it, o&c, That any note memorandum, or certifi- er Notaries i , , t to be pre- catc, made or to be made by one or more Notaries Public, evidence in either in Upper or in Lower Canada, in his own hand-writing, WlIER Upper be has third verse such is atte Be it, of any Bench in any Provin Trover, before 7 Vic, Chai . 30. G7 Upper and iries Public 3er, 1843.] Statute Law wcr Canada, all Courts of of the said the Statutes [lada, printed to print and of her Royal idence of the Union of the Legislature of ,enor of such ir prosecutions L on, or to be irt of Civil or tce of Canada |e copy of the ,, printed and er Majesty, or d publish the of the several •e of the said Ion of the said ,f the tenor of is respectively, lurt of Civil or Ince of Canada dum, or certifi- lotaries Public, hand-writing, 41 or signed by him at the foot of, or embodied in any Protest, certain cases or in a regular Register of Official Acts kept by him, shall be c.nt presumptive evidence in that part of the Province of Canada formerly called Upper Canada, of the fact of any notice of non-acceptance or non-payment of any Promissory Note or Bill of Exchange having been sent or delivered, at the time and in the manner stated in such note^ certificate, or memo- randum. III. And he it, d'c. That from and after the passing of prQjy,.tjpj, this Act, the production of any Protest on any Promissory ^ p^'lj^^^" Note or Bill of Exchange, under the hand no' ^eal of any;[J^';«;'pJ«°'=e one or more Notaries Public, either in Upner Canada, in any Court in that part of this iiovince formerly called Upper Canada, shall bo presumptive evidence of the making of such Protest. in Lower **"**, ^«8 made. 7 VICTORIA.— CHAP. XXX. An Act to enable Courts of Law in that part of this Privincc called Upper Canada, to give relief against adverse claims made upon persons having no interest in the subject of such claims. [Passed 9th December, 1843.] Whereas it often happens that a person sued at Law in preamble. Upper Canada, for the recovery of money and goods, wherein he has no interest, and which are also claimed of him by some (g^e 12 yic. third party, has no means of relieving himself from such ad- *^" ^^'^ verse claims but by a suit in Equity against the Plaintiff and such third party, usually called a Bill of Interpleader, which is attended with expense and delay : for remedy thereof, f!^d°nf if * Be it, &c., That upon application made by or on the l>ehalf ^^^^^.^^j^^^p- of any Defendant sued in Her Majesty's Court of Queen' s^^^^^^^^° Bench for that part of this Province called Upper Canada, or J^e suit, a Pi . J, third party ,.; in any of Her Majesty's District Courts in that part of thisi>eing the ■^; T, . . . . . party really j^ Provmce, m any action of Assumpsit, Debt, Detinue, or interested, ''''\ fTi 1 !•• «• 1/1. -r^ t • tti6 Cx^urtj or _. 1 rover, such application being made after Declaration andaJuJpe •^i before Plea, by Affidavit or otherwise, showinp; that such grant reUef L ?J 1"^ ,' 'Vli ' ^'^v That the Judgment in any such action ^a*n parties ^r issue as may be directed by the Court or Judge, and the to the.sxiit. (jecision of the Court or Judge in a summary manner, shall ' be final and conclusive against the parties, and all persons claiming by, from, or under them. III. And he it, &c., That if such third party shall not ap- party faiUo** pcar upou suck rulc or order to maintain or relinquish his oberany' ^ claim, being duly served therewith, or shall neglect or refuse °our't°he^° to comply with any rule or order to be made after appearance, may be bar- {^ shall be lawful for the Court or Judge to declare such third red from ever " £is dato"^ party, and all persons claiming by, from, or under him, to be and the for evcr barred from prosecuting his claim against the original make such Defendant, his Executors, or Administrators : saving, never- order as shall . ' '^, be right be- theless, the right or claim of such third party against the any and t 7 Vic, Chap. 30. 69 ct matter of supposed to ectcd to sue in any man- bring into jr of the ac- dge thereof j ;ourt (or any tr upon such id particulars m J and upon of such third J to stay the er such third or some other igned issue or all be Plaintiff lonsent of the r Attorney, to mine the same ther rules and ers, as may ap- ly such action udge, and the manner, shall nd all persons ty shall not ap- relinquish his eglect or refuse Aer appearance, clare such third ider him, to be ■inst the original saving, never- lirty against the Plaintiff: and thereupon to make such order between such tween the , , T^, . •r.' 11 I'liiliitllT and Defendant and the Plaintiff, as to costs and other matters, as Dtfoudaut. may appear just and reasonable. IV. And he it, (fr., That every order to be made in pur- Any order of suance of this Act by a single Judge not sitting in opcnjud^e* Court, shall bo liable to bo rescinded or altered by the Court, MWeorai- in like manner as other orders made by a single Judge. omrt.*'^ '^^ V. And he it, &c.. That if upon application to a Judji-e in if the Judge . , oi Ti applied to the first instance, or in any later stage of the proceedings, he nhaii think shall think the matter more fit for the decision of the Court, it refer the shall be lawful for hiiu to refer the matter to the Court ; and the Court, ho thereupon the Court shall and may hear and dispose of the ™"^ same in the same manner as if the proceeding had originally commenced by rule of Court instead of the order of a Judge. VI. And whereas difficulties sometimes arise in the execu- tion of process against goods and chattels issued by or under the authority of the said Courts, by reason of claims made to such goods and chattels by persons not being the parties against whom such process has issued, whereby Sheriffs and other officers are exposed to the hazard and expense of actions, and it is reasonable to afford relief and protection in such cases to such Sheriffs and other officers j Be it therefore, &c., That when any such claim shall be made to any goods or chattels taken or intended to be taken in execution under any such process, or to the proceeds or value thereof, it shall and may be lawful to and for the Court from which such process issued, upon application of such Sheriff or other officer, made before or after the return of such process, and as well before as after any action brought against such Sheriff or other officer, to call before them by rule of Court, as well the party issuing such process as the party making such claim, and thereupon to exercise for the adjustment of such claims, and the relief and protection of the Sheriff or other officer, all or any of the powers and authorities hereinbefore contained, and to make such rules and decisions as shall appear to be Preamble. Where claims shall be made by third parties to Koods or chattels taken in ex* ecution, the Court may call the par- ties before them, and adjust such claims. (See 9 Vic. c. 50, s. 4.) y •'•i fIJ 1^^ I. M .i. I SI ^*i*'' I A ro Statutes of Practical Utility. Exception. Costs to bo just, accor Jihg to the circumstances of the case, and the costs tion of the of all such procccdiDgs shall be in the discretion of the Court. Court. VII. And he it, dr., That all rules, orders, matters, and Sildu muier (Iccisions to bc made and done in pursuance of this Act, ex- Si'ln^teMd" ^^P*^ ^^h ^^^^ affidavits to be filed, may, together with the on uecord. declaration in the cause (if any) be entered of record, with a note in the margin expressing the true date of such entry, to bavolT"*" ^^^ ^^^ ^^^^ ^^^ ^^"^° may be evidence in future times, if f''l^°^ required, and to secure and enforce the payment of costs directed by any such rule or order ; and every such rule or order so entered shall have the force and eifect of a Judgment, except only as to becoming a charge on any lands, tenements, or hereditaments ; and in case any costs shall not be paid Remedy ff"", in • n i « costs, if not Within fifteen days after notice oi the taxation and amount thereof, given to the party ordered to pay the same, his agent, or attorney, execution may issue for the same by Fieri Facias or Capias ad Satisfaciendum adapted to the case, together with the costs of such entry and of the execution ; and such writ or writs may bear teste on the day of issuing the same, whether in term or vacation ; and the Sheriff or other officer executing any such writ shall be entitled to the same fees, and no more, as upon any similar writ grounded upon a judg- ment of the Court : Provided always, nevertheless, that no such writ of Capias ad Satisfaciendum shall be sued out Teste of writs. Foes. Proviso. No Capias ad ' dum'to'i^ssue ^P°^ ^°y ^^^^ proceeding, except upon a similar affidavit to usuffafMa- *^^* required upon the ordinary judgments of such Courts respectively. Tit •a PreiDible. 7 VICTORIA.— CHAP. XXXIII. An Act to render more summary the means of enforcing the Ecturns of Process hy Sheriffs and Coroners, in that part of this Province called Upper Canada. [Passed 9th December, 1843.] Whereas it is expedient to facilitate and render more sum- mary the means of enforcing the returns of process by Sheriffs and Coroners in that part of this Province called 7 Vic, Chap. 33. 71 (1 the costs the Court. attcrs, and is Act, ex- er with the ord, with a ih entry, to re times, if nt of costs uch rule or I Judgment, , tenements, not be paid and amount e, his agent, Fieri Facias ISC, together n; and such ng the same, other officer same fees, ipon a judg- css, that no be sued out ,r affidavit to such Courts or Upper Canada; Be it thrrr/oir, -'ii: ■ iv. >| 74 Statutes op Practical Utility. If standing, and sliull reside within the District over the District Court whereof he or they respectively shall be appointed to preside ; and that the first or Senior Judge of the District To preside at ^'°^^*' ^^ ^"J I^i^trict, being also a Justice of the Peace Sessions therein, shall preside a; Chairman at the General Quarter Sessions of the Peace for such District, unless in cases of absence from sickness or other unavoidable cause, when the Justices present shall elect another Chairman j;ro tempore : Provided always, that no Judge of any such District Court rroviso. shall, directly or indirectly, practise or carry on or conduct No Jii(i.?e to any business in the profession or practice of the Law, while law. acting as such Judge, on pain of forfeiting his office, and sub- Penaity. Joct to the further penalty of one hundred pounds, to be Distribution . recovered by any person who shall sue for the same, by action of debt, bill, plaint, or information, in Her Majesty's Court of Queen's Bench for Upper Canada; one half of the said penalty to belong to the party suing, and the other to Her Majesty, Ilcr Heirs or Successors. Judges to IV. And he it, &c , That every Judge so to be appoii ed, of office. before he shall be qualified to act as such, shall tak the following oath before some person to be appointed by the Governor of this Province to administer the same, that is to TheoHtii. ^^J ' "I cIo swear that I will truly and faithfully, accord- ing to my skill and knowledge, execute the several duties, powers and trusts of Judge of the District Court of the District of , and of the several Division Courts within the same, without fear, favour or malice ; so help me God." y. And he it, cfr., That the said Courts respectively, shall Amount of hold plea of all causes or suits relating to debt, covenant or Jurisdiction ? i • of the said contract, to the amount ot twcnty-jive poundii, and in cases of contract, or debt on the common Counts where the amount is vic?e. f)'2; ascertained by the signature of the defendant to be fifty \ly\/ pounth, ncstion. 4 VII. and VIII. [Repealed by 12 Vic, c. 66, s. 1.] IX. And he it. dr., That in all causes in the said District Time for , ... , , . pleadinnj, &e. Courts, the time for pleading rcplvinfr, reioininir and otherwiise limited to .,,..",,,,', , fourdavH. ((?y. Socio & '20 \'u\ c. 90, 8. 2, adopting s. 11-2 of C. L. I'. A., ISdli.) answering until the parties arc at issue, shall he fow days I X. to [ inclusive. [Repealed by 19 & 20 Vic, c 90.] XII. 3 XIII. And he it, &c., That no plea, replication or other **ridavit . , - . , , 1 ^'* lie annex- pleading,] wherby the title to any land or to any annual or ed to any other rent, duty or other custom or thing relating to, or issuing mg the titFe out of lands or tenements shall be brought in question, shall be into question received by any District Court, without an affidavit thereto (see lo & 20 anno -^^ that such plea, replication, or other pleading is uots.'2oo" ' pleaded vexatiously, or for the mere purpose of excluding such Court from having jurisdiction, but that the same does contain matter which the deponent believes is necessary for the party pleading, to enable him to go into the merits of his case. lu XIV. to [ inclusive. [Repealed by 19 & 20 Vic. c. 90.] XIX. 3 XX. And he if, &c.. That the Judges or Clerks of the yyi,„ „,^^, several District Courts respectively, and all Commissioners iHyl^'and'^* the respective districts duly appointed for taking affidavits and iw"j.'"»- special bail in the said Court of Queen's Bench, shall be and are hereby authorized to take all affidavits, as well as all recog- nizances of bail that may be required to be taken in the respective District Courts. XXI. And he it, &c., That the Sheriff to whom any "Writ in what of Capias ad Respondendum shall be directed, shall take bail gherifT*!4aii thereon and assign the bail bond if required, in Wxa manner as^^j^tbr'^ the law does or shall direct in cases where lihe process is '^*"-'J""J- issued from the said Court of Queen's Bench, and such assignment fchall have the like validity and effect; and that '■*' m 76 Statutes of Practical Utility. Ationon whatever may be the pcnaUy of the boii hondj an action the wstrict thereon may be brought in the District Court iVom which the eve/be^hf Writ of CajHus issued, and proceeded in to final judgment and fseeaL.r. execution, as in other cases within the jurisdiction of such ^,',i«f ' District Court. inclusive. [Repealed by 19 & 20Vic. c.OO.] XXV. [Repealed by 12 Vic. c. C6.] Prisoners may be admitted to bail ill the same cases and manner as iu the Queen's Bench. (See C. L. P. A, 1856, 8.24. Har. C. L. P. Acts.) Bail may surrender their princi- pal, and other pro- ceedings may be had as in like cases in the Queen's Bench. XXVI. And he it, &c., That every prisoner arrested upon process issued out of any of the said District Courts, whelher detained by the Sheriff or other officer upon the original arrest or upon the surrender by his bail, shall and may be admitted to bail in term time or vacation, upon the srane terms and in the same manner as if he were a prisoner under the like circumstances in the said Court of Queen's Bench. XXVII. And be it, &c., That the bail, or cither of them, in any suit in the said District Courts, may i-ir.rronder their prin- cipal in like manner and upon the same terms as may be done now or hereafter mc said Court of Queen's Bench ; and that the respective Juc ;;;-■ in the said District Courts shall have power to grant the same remedies to the Plaintiff against the Sheriff or Sheriff's bail, or the bail to the action, respectively, and to afford relief to the Defendant, Sheriff or bail, in the like way and by the like proceedings as might now or hereafter be done in the said Court of Queen's Bench, had the action been instituted in that Court. XXVIII. [Repealed by 19 & 20 Vic. c. 90.] wimt notice XXIX. And be it, d'c.f That in all matters of fact to be be givem*" tried by a jury, when issue bo joined, six days notice of trial shall be given to the Defendant or his Attorney ; and in all cases where judgment shall have been signed by default, six days notice of assessment shall likewise be given, which said mi d, an action )m which the udgment and ition of such 90.] 8 Vic, Chap. 13. 77 notice may ])^ countermanded three days before the day appointed for tiying such issue or taking such assessment. XXX. And be it, dr., That in all cases to be tried before ™atirF to ' ' make up a the said Courts, and in all cases where damae:es are to bereconiiuan ' ~ caseH to be assessed, it shall be the duty of the Plaintiff to prepare and tr|''J' '^^ enter with the Clerk a record in the form of a i\7.si Prmsdmnugesare to be record, on or before the first day of the sitting of the said assessed. Courts, respectively. ■;'«"li :.;:;i irrested upon iirts, whether )riginal arrest y be admitted terms and in ider the like iY of them, in er their prin- may be done ich ; and that ts shall have f aeainst the respectively, dl, in the like r hereafter be e action been )f fact to be ays notice of rncy ; and in >y default, six which said i XXXI. and XXXII. [Repealed by 19 & 20 Vic. c. 90.] as XXXIII. And he it, &c.. That the said District Courts may ^vnts of issue Writs of Subp. subpoe- hercafter to be brought, to sue out a Writ of Sn'pana as often pei On ut.u- as occasion may require, from the office of the Clerk of the in a District Crown, or any of his deputies in Canada West, to compel the w'itnog.v€9 attendance of any witness, resident out of the jurisdiction ofontB**^^"" the District Court in which such action shall be brought oi'''^'^''' pending, to give evidence at the trial of such action, and also writs of Subpoena duces tecum to enforce the attendance of witnesses and the production of deeds and papers material to the party suing out the same, which 'W^'rits of Subpoena shall bo as effectual, and the person disobeying the same shall be liable to the same penalties, as if the i^'tion had been commenced and prosecuted in the said Court of Queen's Bench ; and the said Court of Queen's Bench shall have -Jiv^- \i 78 Statutes op Practical Utility. power and authority to proceed against the person or persons disobeying such Writ of Stihpama, as if the same had been Proviso. issued in a cause pending before the Court : Provided always, that every witness shall be entitled to the sum of five shillings for each day's necessary attendance, and five shillings for e^to wu-^ every twenty miles of travel : the sums paid to be costs in the cause. uess«s. XXXV. [Repealed by 10 & 20 Vic. c. 90.] Defendant XXXVI. And he it, (i^c, That it shall and may be lawful money into for the defendant in any action to pay money into Court, in (C. L.'p. A., like manner as the same may be done in the said Court of 1856, ss. 119, ^. , --, , 120.) (qiueen s Jiencb. proreodings XXXV.TI. And be it, &c., That the said District Courts aside for may in tcmi time, by rule or order set aside proceedings for or stayed, ' irregularity, or stay the same until security be given for costs. Bench. in all matters within their jurisdiction, in like manner and to the same extent, as - le said Court of Queen's Bench, or any Judge thereof, can or may do. Stattites of Jeofails, &c, to apply to District CourtH. (Sec C. L. P. A., 185f), 88. a7. 291.) l>islriot J idges to issue I'i- - cents ft t summonini' Jurors tc I'y iusues, .i»d as sees diiniages , and at what time and place. ( Sjo iS & 14 Vic. c. 55, ss. 29, et seq.) XXXVIII. And he it, &c., That all and every the Statutes of Jeofails and of limitations and amendments, shall be of the Lame force in the said District Courts as in the said Court of Queen's Bonch. XXXIX. [Repealed by 19 & 20 Vic. c. 90.] XL. And to the end that the trial of all issues to be joined 'n the said Dic^trict Courts, as well as the assessment of (l^ii^ages upon judgment obtained by default or upon demurrer, m-ij be had at the most convenient time and place : Be it, &c., That it shall and may be lawful for the Judges of the said District Courts, respectively, to issue a Precept to the Sheriff of their respective Districts, and also, if required by either Plaintiff or Defendant in a suit where the Sheriff is the opposing party, to issue a Precept to any Coroner of their respective Districts, at least fourteen days before the week in which the General Quarter Sessions of the Peace are holden, 8 Vic, Chap. 13. 79 n or persons le had been rided always, five shillings shillings for } costs in the lay be lawful to Court, in said Court of strict Courts )cecdings for 'en for costs, inner and to inch, or any to be joined ssessnicnt of )n demurrer, Be it, &c., of the said the Sheriff ed by either leriff is the nor of their the week in are holden, requiring him to summon, and he is hereby directed there- upon to summon, not less than thirty-six, nor more than forty-eight jurors, to be and appear at the time and place when and where the General Quarter Sessions are holden, on the same day on which such Sessions do generally commence to be holden, from whom a iurv shall be taken for the trial of _ each issue or assessment of damages, in like manner as istionto , . Jurors. practised in cases at Nisi Prius ; and each iuror sworn in any , . „ cause shall be entitled to receive the sum of seven-pence /t«//- vie, c u.) penny, and no more. XLI. [Repealed by 19 & 20 Vic. c. 90.] XLII. And he it, ti miiile to such Wilts. Whon judg- ment may be entered after return. LV. Provided ulioai/s, and he it, &c., That if either party jj^^g.^j^pp shall object to any of the proceedings on the execution of any party sbaii •' "^ . . . proceed if he such Writ of Trial or Writ of Enquiry, and shall give the wishes to set , " aside any opposite party notice of his intention to apply to set the same proceeding •1 .;. . -. /. , -I 1-11 1- ii'ideraWrit aside Avithin six days next after the day on which the verdict of Enquiry thereon was rendered, such party may, before the entry of final judgment, apply to the said Court of Queen's Bench in term time, or to a Judge thereof in vacation, for a rule to shew cause why such proceedings should not be set aside, which rule, if granted upon the order of a Judge in vacation, shall be return- able in the term next ensuing the application, and shall operate as a stay of proceedings in the mean time ; and the said Court of Queen's Bench where any such rule is granted shall make such order thereon and grant such relief as the justice of the case may require : Provided always, that nothing herein ontained shall be construed to affect the right of any party to "^"^ ^°' apply to the said Court of Queen's Bench against any other of dtiier"''^" proceeding in the said cause, or to restrain the Plaintiff from b^ Socted? ■m ML i m .'^a ^^^#. "^.^^^n^ ^^1^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■ so MUl. 1^ 2.0 1.8 1.25 1.4 ^ ^ 6" - ». V] ^^^^ ^;j c*3 ''^Z O^ VI J> /S^ Photographic Sdences Corporation ^ J L17 \ ,v \\ "% v "^ 6^ ^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ' iiid iiy the ':4'i Defendant '^^^: may bo '!^M iillowed him •.^fit 4 and eet olT y.-t'-- airainst costs ■. ■(•).•< of Pluiutiir. r ' = .'.■'' ^'^*';l v.m 'r.'-'-'-M k^'^ itiif^M 86 Statutes of Practical Utility. and allowed by the Master in entering judgment against the costs to bo taxed for the Plaintiff and recoverable from the Defendant. LX. And he it, (tc, That the Treasurer of each of the Fetjs appoint- Districts In Canada Wcst, shall be the Keceiver of Fees of the td. . . . . District Court within his District. Allfiwance to Huch Rccuivi.. Juilges how paid. Salary to be tixed from time to time by the Oovemor in Coimcil. (See 19 A 20 Vic , c. U0,» 8. 22.) Clerks to keep ac- counts of all process and proceedint;s mentioned in the Schedule. And fiiiall receive the Fees for the Fee Fund. Audit. LXI. And be it, cOr., That every such Treasurer shall bo paid by a per centagc of four pounds on every hundred pounds, and no more, of the gross produce of the Fees of the District Court J and that every Judge shall be paid by a certain salary in no case more than five hundred pounds, or less than two hundred and fifty pounds ; and the Governor in Council shall fix the remuneration to be paid to the Judges respectively, having due regard as well to the population of the several Districts as the amount of fees received by the Treasurer of each District under this and the said last mentioned Act ; and the remuneration of tho Judges may be increased, or as vacan- cies shall occur, may be diminished by the same authority by which they were at first fixed. LXII. And he if, &c., That the Clerk of each District Court shall keep an account of all Writs of Capias ad Respon- dendum, Executions, Siihjxjenas, Rules, Orders, and all other Writs and Process of the said Courts, and of all other papers and proceedings whatsoever, mentioned and included in the Schedule hereto annexe'^ of Fees to be collected by such Clerk and paid over to the Fee Fund, and shall receive and take all Fees payable on every such Writ or other proceeding, and shall duly and regularly enter an account of all such Fees in a book to be kept by him for that purpose, which Book shall be open to all persons desirous of searching the same, on payment of cne shilling and three pence for each search, and shall, from time to time, at such times as shall be directed and appointed by the Governor, submit his accounts to be audited or settled by the Judge of the District *, Provided always, that no such fee shall be demanded or received for searching the Appearance and Plea Book only, or either of thorn. n 8 Vic, Chap. 13. 87 gainst the ! from the ch of the 'ccs cf the 2r shall be ed pounds, le District i-tain salary 3 than two luncil shall :spcctivcly, the several rcasurer of [ Act ; and >r as vacan- ithority by ch District id Rcs^pon- all other all other included in 2d by such eceive and rocceding, such Fees hich Book e same, on earch, and rectcd and e audited ways, that chino: the LXIII. And be it, tCr., That there shall be payable on every pyps to bo as proceeding in the said District Courts the Fees which are set '" '"-■^•^"'•^• down for such proceedings respectively in the Schedule to this Act annexed; and a Table of such Fees shall be hung up in some conspicuous place in the office of the several Clerks of such District Courts. LXIY. And he it, (C-c, That the Clerk of each and every (^^^^^^ such District Court shall, from time to time, as often as he ^(Je'iJJp^surer shall be renuired so to do by the Treasurer of his District, »°*^ P»J'°'<' I J ' inoiuoB to deliver to him a full account in writing of the Fees received ini^""* such Court, applicable to the Fee Fund, under the authority of this Act; and the amount of the Fees received by the said Clerk for such purpose shall be paid over from time to time by him to the Treasurer, and at least once in every three months ; and such amount .>r so much thereof as may be necessary, shall be applied by such Treasurer in payment of the salaries of the Judges of the said District Courts. to LXV. And le it, &c., That the Treasurer of every District -Treasurer shall, on or before the thirtieth day of June, and the thirty- in^pe^tor" first day of December, in every year, render to the Inspector •^^''"^'■^*|j.^°^ G' aeral of Public Accounts of this Province, a true account in [«"a'!'"o to writing of all monies received and of monies disbursed by him 'J'l'^rai, ° _ ... twico a year on account of the Court, during the period comprised in such account, in such form and with such particulars as the said Inspector General shall from time to time require, and shall, * within ten days after the rendering of every such account, pay ever the amount of any surplus of such Fees to the Receiver General of this Province ; and if default shall be made in such payment, the amount due by such Treasurer shall be deemed a specialty debt to Her Majesty. LXVI. And he it, Ac, That incase the amount of TeesQ^^^^^j, received in any of the said District Courts shall not l^c JIJ'^'J^^^J.'^^^^ sufficient to defray the disbursements required on account of^j"jj*[|,y the said Courts, during the periods comprised in the said |^h'' ^ee account, it shall be lawful for the Governor of this Province, thj' Judge's „,.■.. stilary. forthwith to issue his Warrant in lavour of the Treasurer for I'ncy in ,, '1 ■\-M *Mr ■•yj .'■:.^ -.11 •V«-r. wl ■i . . m ^■;M ' » s :■! .'>Kf *'f% /- . n r ■'•■■1 •■■I ■zmr 'I' 88 Statutes of Practical Utility. the amount which shall be required to make up the salaries of the said Judges, and the amount of such Warrant shall be charged upon the Consolidated Revenue Fund of this Pro- vince. Tniasurer's Accounti to be deemed ptibllc accouata. LXyil. And he it, (f?c., That the accounts to be kept by the several Treasurers on account of the said District Courts, shall be deemed Public Accounts, and shall be inquired into and audited, and be within any provisions of law now or here- after to be in force for auditing Public Accounts. Mode of enforciiiK the payment of monies not paid over by Troasurcrs and Clerks. Form of Doclaraiion in action. • Account may be referred. Order of the Court. Judt'mcnt. LXVIII. And he it, &c.. That if any person having re- signed, or having been removed from the office of Treasurer of any District, or Clerk of any District Court, sh'>.ll neglect, after twenty-one days' notice to such person, to account for and pay to the Treasurer of the District for the time being, or to such person as he shall appoint to receive the same, all such sums as shall remain in his hands, of monies received under the authority of this Act, it shall be lawful for such Treasurer for the time being, in his own proper name only, or by his name and description of office, to sue for and recover the same from such person with double costs of suit, in any Court of Record :r this Province having competent jurisdiction, by 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 the Court in which such action shall be brought may, at the instance of either of the parties, refer the account in dispute in a summary manner, to be audited by an officer of the Court or other fit person, who shall have power to exami le both Plaintiff and Defendant upon oath ; and upon the report of the Referee, (unless either of the parties shall show good cause to the contrary,) the Court may make a rule either for the payment of such sum as upon the report shall appear to be due, or for staying the proceedings in the action, and upon such terms and conditions as to the Court shall appear reasonable, or the Court may order judgment to be entered up by confession, for such sum as upon the report shall appear to be due. 8 Vic, Chap. 13. 89 e salaries of [it shall be f this Pro- be kept by rict Courts, iquired into low or here- i having re- Treasurer of leglect, after t for and pay ;, or to such 11 such sums d under the 'reasurcr for by his name e same from rt of Record ly action of Treasurer to use of such lie Court in instance of a summary or other fit laintiff and he Referee, ause to the he payment due, or for such terms ,ble, or the fession, for LXIX. And be it, dr., That in case of the death of anyMo.iec.f person, during the time that he shall be holding the office of t'!^r"uro'°'^ Treasurer or Clerk, or after he shall have resigned or been m!,','H,7duo removed from such office, the Treasurer for the time being ^'^ro/J^''' may, in his own proper name only, or by his name and |,|!,'[.^,!]'!u"r8 or (iilniiiiiji- aturs. description of office, sue for and recover from the Executors or",' Administrators of such person deceased, all such sums as shall have been remaining in his hands, of monies received under the authority oTthis Act, and by action of debt, in any Court of Record in this Province having competent jurisdiction, in which action it shall be competent for the Plaintiff to declare that the deceased was indebted to the Plaintiff for money had and received to his use for the purposes of this Act, whereby an action hath accrued to the Plaiutiff to demand and have the same from such Executors or Administrators, and a like action may be brought against any Executors or Adminis- trators of Executors or Administrators ; and in all fsuca actions the Defendant or Defendants may plead in like manner and avail themselves of the like matters in defence, as in any action founded upon simple contracts of the original Testator or Intestate, and the Court may refer the account in dispute to be audited by any officer or person, and may proceed upon the report of such Referee, in like manner as is hereinbefore mentioned. LXX. And he if, &c.. That in all actions to be brought, aspiaintiffs well as in all proceedings whatever to bo instituted or carried TrMsurers to on by any Treasurer by virtue of this Act, proof of his acting fac/,'," "'* in the execution of the office of Treasurer, ^shall be sufficient '^Z^ °^^|j|' evidence of his holding such office, unless the contrary shall be shown in evidence by the Defendants in such actions or the parties against whom such proceedings shall be instituted and carried on. LXXI. And he it, &c.. That the Treasurers and Clerks who T^p^^y^^.^^ shall receive any monies in the execution of their duty, shall t^'livJ'"'" give security for such sum, and with as many sureties, and in Sfcurity. such manner and form, as the Governor of this Province shall see reason to direct, for the performance of their several offices, and for the due payment of all monies received by them •,.r m ' : •». '•!.! .■■ ''.va ■■(, •■■■;' ;^ ->fl ::J.,)J..^:'X.: .-.mi. 90 Statutes of Practical Utility. 1^ Proviso. under the provisions of this Act : Pru'"itled always that nothing in this Act contained shall extend or be construed to ex fend to make it necessary for any Treasurer, or the Clerk of any District Court, who has already given security according to the provisions of any existing law, to give new security, or to vacate or make void any such security, but that every such focurUiesto sccuritv shall enure to and continue in, and be of the same remain valid. fjjj.Qg j^^j effect whilo sucli Treasurers or Clerks, respectively, shall remain in office, or until they shall give new security for the due performance of their several offices and for the due payment of all monies received by them, as if such existing securities had been respectively taken under the provisions of this Act. Former Commissions of .Judged duly (juali- fi"(l and of Ciorks to remain valid. Coiirts to bo dei'mt'd the eainc Courts as if held under formor Acts. Place and hours at and during which Clerks shall ket'p their OOlces open. LXXTI.* Ant^ he it, tOc, That nothing in this Act contained shall extend or be construed to extend to annul or make void any existing commission or appointment of Judges, duly qualified according to the requirements of this Act, or Clerks of any of the District Courts in any District in Canada "West, but that the same shall continue and shall be a sufficient authority to the parties, n sprctively, holding the same, to discharge their respective functions under this Act ; and that nothing in this Act shall extend or be constinied to extend to make the District Courts held under the provisions of this Act, new Courts, but that they shall be taken to bo to all intents and purposes the same Courts, as if they had couiinued to be held under the provisions of the Acts hereby repealed. LXXIII. And be it, (&c. That each and every Clerk of any such District Court, shall hold his office in the Court House, or in the event of there being no room, ther in such place as the Judge shall direct within the District town of his respective District, and shall keep such office open for the transaction of business pertaining to such office, on every day (Sundays and the legal Holidays excepted) from the hovr of ten in the forenoon to the hour of three in the afternoon, and in Term time from the hour of nine of the clock in the fore- noon to the hour of four of the clock in the afternoon. * This and the two following sections arc erroneously numbered iu the printed Statutes. l4 8 Vic, Chap. 13. 91 hat nothing to extend to lerk of any rding to the iirity, or to every such )f the same respectively, security for for the duo ich existing )rovisions of Lct contained ir mal' IvH ,< «v '*"*« ■ ' ". ■''f.J J '■■'*! % , ■Vkk ' .\ ' '' ^. '*^cm ' i' (^ •» aiiotluT ottJci;. (Seo 19 & 20, Statutes of Practical Utility. and where any such person as aforesaid shall have served in the ofiicc of Judge for a period of less than ten years, he shall be entitled and receive a <^ratuity of two hundred pounds, and that such several pensions and jiratuitics shall be paid by the Receiver General of this Province, in discharge of any War- rants to be issued by the Governor, and the amount of such "NVarrants shall be charged upon the consolidated llevenue Fund of the Province : Provided always, that if any person receiving such pension, shall hereafter be appointed to any office under the Government of this Province, the salary and emoluments whereof shall be equal to such pension, then and in such case, the said pension shall be diminished and reduced one half, and if the salary and emoluments of such office shall amount to double the sum of such pension, the same shall thenceforward cease and wholly determine. SCHEDULE. Fees to he received hy the Clerk and to hclong to and Ic j>aid over to the Fee Fund. [Repealed by 19 & 20 Vic. c. 90, s. 23.] Fees to the Sheriff. Every Jury sworn, four Shillings. B. 24.) 1^: .1: i.-.c. 19, 'Every Process served, including Return, two shillings and six pence. Every Declaration, Rule or other paper served, one shillinir and three pence. Every Execution received, one shilling and three pence. Every Return of Execution, money made or party arrested, two shillings and six pence. Every other Return of Execution, one shilling and three pence. Milage, four pence per mile on all Writs executed. Every Bail Bond taken, two shillings and six pence. Every Assignment of Bail Bond, one shilling. Poundage upon all monies actually made under/. /a., six pence in the pound. II 1: 8 Vic, Chap. 13. 08 avc served in ears, he shall 1 pouuds, and 3 paid by the ; of any War- lount of such ated llevcnue if any person ointed to any the salary and sion, then and ;d and reduced ich office shall ;he same shall ong to and he lillings and six ^ 1, one shilling ie pence. )arty arrested, ing and three ;ed. encG. der Jl.fa., sis Si El Fees to a Commissioner. Taking Recognizance of Bail taken, one shilling and six pence. Every Affidavit administered, one shilling. I to Fees to the Attorney. or defend, five shilling nstructions Copy of Capias ad Retipondendaviy one shilling. Fee Oil every Writ of Capiat, two shillings and six pence. Drawing Declaration on Common Counts, five shillings. Copy of every paper, half the amount allowed for the Original. General Issue, Appearance, Interlocutory Judgment, Notice of set off. Cognovit, or entering final Judgment, each two shillings and six pencv.. Special Pleadings after Declaration, each, five shilliiigs. Every Notice, including copy and service, two sliillings and six pence. Drawmg Bill of Costs after Verdict, two shillings and six pence. Drawing Bill of Costs, when no Verdict, one shilling. Necessary Entries of Proceedings on the Judgment Iloll, Record for Trial, Demurrer Book and other necessary Entries, per folio of one hundred words, six pence. For every necessary Attendance, one shilling. Brief and Fee on Assessment, or Writ of Enquiry, ten shillings. Brief and Fee on a Trial, one pound ten shillings. Fee on Argument for new Trial or on Demurrer, one pound. Every Special motion in Term Time, five shillings. Every Common Motion in Term, or Motion before the Judge in Chambers, two shillings and six pence. Drawing Bail Piece, four shillings. Drawing Recognizance of Bail, two shillings. Drawing every Affidavit including x\ttendance, two shillings and six pence. Fee on every execution, two shillings and six pence. Special Declaration, ten shillings. Drawing Bond on Appeal, ten shillings. i ■r't; •*>'•■ ■ t- . - ■■.a ' Mr™ ¥C mm i^fia&l:rv,-.v 94 Statutes of Practical Utility. Fees to thfi Crier, Swcarinc^ the Jury, one shilling. Calling the Cause, six pence. Each Witness sworn, three pence. Fees to the Clerk. Every Writ of Capias ad Reapondendnm and filing Prxcipc, one shilling and three pence. Filing every separate Paper, four ponce. Taking Verdict, two shillings and six pence. (See i:) A 20 Taking any Affidavit one shilling. vie. c. 00 . . ' 7 8. 18.) ' Taking any llecognizance of Bail, one Shilling and six pence. Every llulc drawn up and signed by the Clerk, one shilling and six-pence. Every llule of Reference, two shillings and six pence. Every Snhjxma, one shilling and three pence. Every Search, sixpence. Entering every Judgment, one shilling and six pence. Every Writ of Execution including tiling Freecipe, two shillings. For each Quarterly Account rendered by him to the Treasurer, to be paid by the Treasurer out of the Fee Fund, one pound. Eor every other Account of Fees received, made and rendered on a legal requisition, to be also paid out of the Fee Fund, ten shillings. Examining and filing Record, two shillings and six pence. (» f *iil 8 Vic, Chap. 48. 8 VICTORIA.— CHAP. 48. ■I : I I'.t A 2') An Act /or (he Rrli\i. 98 Statutes op Practical Utility. be called a final order, and shall be for the protection of the person of the petitioner from all Process, and for the vesting of his estate and effects in an Official Assignee to be named by such Judge or Commissioner, togecher with an Assignee to bo chosen by the majority in number and value of the creditors who.may attend before the Judge or Commissioner on such day, or for the carrying into effect such pronosal as the petitioner shall have set forth in his petition : Provided that the consideration of such final order may be adjourned from Proviso, for , , ... adjournment time to time by the Judge or Commissioner without any further notice : Provided always, that it shall be lawful for the Proviso: Said Judgc or Commissioner, if he shall think fit, to direct in for support such final order, some allowance to be made for the support of the petitioner out of his estate and effects. V. And he it, &c., That as to any person who was a trader Final order ... . , •141. t^ ^ shall operate Within the meaning ot the said Act relating to JJankrupts ciiargeof bcfore the passing thereof, and who is excluded from the operation, having before the passing thereof failed in his said business, under such circumstances, as in the event of sucL failure having taken pbce after the passing of the said Act relating to Bankrupts, he could have availed himself of the provisions thereof, such order to be called a final order as aforesaid, shall, in addition to its effect as stated in the next preceding clause, operate as a discharge of all debts due up to the day of his filing his petition under the provisions of this Act, as fully and cornpletely and to the same extent as if such trader had obtained'a certificate under the fifty-ninth clause of the said Act relating to Bankrupts. YI. And l)C it, li'c. That at the first examination of the Commi°sio- petitioner it shall be lawful for the Judge or Commissioner to renew'Yrder. rcnow tlic ordcr for protection, and to renew it from time to time until the final ordcr for protection and distribution. : I. It K \: , , VII. And he it, (f-c, That it shall be lawful for the Judcc .Tudge or ^ ^ ' ' , ' Commissio- or Commissioner, by Warrant under his hand and seal, to nor may .... imprison, it . commit to prison any petitioner who shall appear to have dehtorpre- . / •■ - , , ,. 1 • ^ i Taricatirg. prevaricated or made any false statement before him, for sucli 8 Vic, Chap. 48. 99 jction of the • the vesting to be named I Assignee to ^alue of the imissioner on onosal as the 'rovided that journed from without any lawful for the t, to direct in the support of 3 was a trader to Bankrupts ided from the led in his said event of such • the said Act himself of the final order as d in the nest ,ebts due up to [visions of this tent as if such inth clause of ination of the lommissioner to It from time to tribution. for the Judge Id and seal, to Ippear to have him, for such time as he shall think fit, not exceeding one calendar month ; and touching all persons other than the petitioner who shall be examined before him, or being lawfully summoned shall refuse or neglect to attend, the said Judge or Commissioner shall have the same powers in respect to commitment as he has by any law now in force relating to Bankrupts. VIII. And he it, &c., That from and after the issuing of Property and 1 n ^ 1 ^ ^ ^ . ii ,•■! Credits of til tj the final order, the whole estate present and except in the Debtor to case mentioned in the fifth section the future estate, as well A=isignoes. real as personal, and all the efiTects, and all the credits of the petitioner shall become absolutely vested in the Ofiicial Assii"|^/^^y**>e entitled, except in cases where a final discharge shall be final order to anthorized, to claim and demand from the said petitioner, Ite also yost - , ' _ * ' ed in the at any time after the said final order, any estate and effects acquired by him at any time after such order shall have been made, and all such estate and effects, of what kind soever and wheresoever situate, shall be absolutely vested in such Assig- ness upon their filing a copy of their claim served upon the petitioner personally, or by leaving it at the place of residence mentioned in his notice of petition, and they shall hold the same in like manner as they held the estate and eff'ects of the petitioner transferred by force of the final order, as herein I before in solve possess have a( order h of the then on dircctcc doing and res; be re(ju X. A Judge authorit; t loner ( compel 1 his wife, the prop supposed whom th giving an or callinjr inatiou m petitioner and the p document or possess* o^fafs in cxaminati( liankrupt( XL A» any judgn debt, eithi Statute re meaning c whole to Ic protection 8 Vic, Chap. 48. 101 or assign- Dner would ny registry crtificatc of )rovided by year of the i repeal an Ordinance r dhtrihu- u'on for the i/' shall bo uch convey- quire to be LStry hereby nd purposes L conveyance ind the title aforesaid for jistered, en- he Registry son of sjch said, in the quent there- iiit shall be the date of lees shall be pge shall be Id petitioner, and effects 111 have been soever and such Assig- jd upon the lof residence ill hold the [ffects of the Ir, as herein before provided: Provided always, that no Assignee of any Proviso as to ,1111 i«ii • P ^ • k 1 Insolvents. insolvent shall be authorized by virtue oi this Act to take possession of any estate or effects which the Insolvent shall have acquired or become possessed of after making the final order herein mentioned, except under the authority of an order of the Judge or Commissioner, made for that purpose, and then only to the extent and at the time and in the manner directed by such order, and after giving such notices and doing such acts, matters and things, as by the rules, orders and regulations, made under the authority of this Act, shall be rcijuired and directed In that behalf. X. And be it, (fr., That upon such petition being filed, the upon pti- Judge or Commissioner shall possess the like power and flj'ed! JuciKt- authority touching the .'^oizure of the property of such peti- °io^r may tioncr (except as herein otherwise directed,) and also to ^°™|j'^|jypp compel the attendance of and to examine such petitioner and |^^p*^'*'°°°'"- his wife, and every person known or suspected to have any of the property of such petitioner in his possession, or who is supposed to be indebted to snch petitioner, and any person whom the said Judge or Commissioner believes capable of giving any information concerning the person, trade, business or calling, dealings or property of such petitioner, or any infor- mation material to the full disclosure of the dealings of such petitioner, and to enforce both obedience to such examination and the production of books, deeds, papers, writings, and other documents, as by any law now in force relating to Bankrupts, or possessed by any Court authorized to act in the prosecution o^Jiats in Bankruptcy, touching the seizure of property and the examination of any Bankrupt or other person under a Jiat in I^ankruptcy. pn- , soner in XI. And he it, &c., That any prisoner in execution, upon Any] any judgment obtained in any action for the recovery of any ^"gytjon, debt, either not being a trader within the meaning of the JxcopUo^'° Statute relating to Bankrupts, or being a trader within the " tftj^er meaning of the said Statute owing debts amounting on the ^^^^'" *^'- whole to less than one hundred pounds, may be a petitioner for protection from process under this Act, and every such peti- ■' ■•' -'la 'k <. y A ■'*i i ^ im — '^"^^4 sa ^^H^JH^^^ 102 .*'l^:V" . o, i Statutes of Practical Utility. tioner, to whom an interim order for protection rliall have been given, shall not only be protected from process as provided by this Act, but also from being detained in prison in execu- tion upon any judgment obtained in any action for the recovery of any debt mentiohod in his Schedule; and if any such petitioner, being a prisoner in execution, shall bo detained in prison in execution upon any such jndgmcnt, it shall be lawful for the Judge or Commissioner to order any Officer who shall have such petitioner in custody by virtue of such execu- tion, to discharge such petitioner out of custody as to such execution, without exacting any fee, and such Officer shall hereby be indemnified for so doing, and no Sheriff, Gaoler, or other person whatsoever, shall be liable to any action as for the escape of any such prisoner by reason of such his dis- charge ; and such petitioner so discharged shall be protected by his interim order from all process for such time as the said Judge or Commissioner shall, by such interim order or any renewal thereof, think fit to appoint until the making of the final order for protection in the same manner as if such petitioner had not been a prisoner in execution : Provided always, that after the time allowed by any such interim order, or any renewal thereof (as the case may be,) bhall have elapsed, such petitioner shall not by such discharge be pro- tected from being again taken in execution upon such judgment, but such judgment shall remain in full force and effect, notwithstanding such discharge. Whenever XII. And he it, dx.y That whenever any such petitioner is rprisoner/^ 8- prisoner under any Process, Attachment, Execution, Com- ne^may^*^ mitmcut or Sentence, and is not entitled to his discharge in fiuchpeti- manner aforesaid, the Commissioner may, by warrant under him^'^ ^^^'^^'^ his hand, directed to the person in whose custody such petitioner is confined, cause such petitioner to be brought before him for examination, at any sitting of the Court, either public or private, and the expense of bringing such petitioner shall be paid out of his estate, and such person shall be indemnified by the Warrant of the Judge or Gommissioncr for bringing up such petitioner. Proviso. 8 Vic, Chap. 48. 103 nliall have as provided (n in cxecu- on for tlie and if any bo detained it sliall be Officer who such cxecu- ' as to such Officer shall Y, Gaoler, or iction as for luch his dis- be protected le as the said order or any aking of the !• as if such bn: Provided nterim order, ) bhall have large be pro- upun such ill force and petitioner is jcution. Corn- discharge in warrant under mstody such be brought Court, either uch petitioner rson shall be imissioncr fov XIII. And he it, dr., That if any petitiouer, for protection Tn mw of from Process shall die after the filing of his petition, the petitioner. Judge or Commissioner may proceed in the matter of such m as if he petition, for the discovery and distribution of his property, as "''"* ^'°^" he might have done if the petitioner were living. Wearing apparel, Ac, to a rertiiln amount, to be i-xi'lmk'J from opera- tion of this Act. XIV. And he it, &c.. That the wearing apparel, bedding, and other necessaries of the petitioner and his family, and the working tools and implements of the petitioner, not exceeding in the whole the value of twenty pounds, may be excepted by the petitioner in his petition from the operation of this Act, and in such case shall be altogether excluded from the opera- tion of this Act : Provided always, that such excepted articles, with the values thereof respectively to be ascertained and appraised, if the said Judge or Commissioner shall think fit, in such manner as he shall direct, be fully and truly described by the petitioner in the Schedule, but otherwise the exception thereof shall be of no force as to any part of the same. XV. And he it, &c., That until an Assignee shall be chosen untn Assig- by the Creditors of any petitioner for protection from Process, "hosen by the Official Assignee nominated by the Judge or Commissioned* petuion'or"'^ upon the filing of the petition of such petitioner shall be^^Jg^g^ enabled to act, and shall be deemed to be to all intents and ^}^^^^ ^ , ' (leeinea solo purposes a sole Assignee of the property of such petitioner, -^^s^^'s^j^^of and, if the said Judge or Commissioner shall so order, may petitioner, sell or otherwise dispose of such property or any part thereof, and make such allowance out of the property of such petitioner for the support of himself and his family, as the said Judge or Commissioner shall direct; and the property vested in any Official Assignee alone or jointly w'th any Assignee chosen by creditors under this Act, shall not remain in such Official Assignee alone or jointly with such Assignee chosen by creditors, if such Official Assignee shall resign or be removed from his ofl[ice, nor in the heirs, executors, or administrators of such Official Assignee, nor in the surviving Assignee alone, in case of the death of such Official Assignee, but all such pro- pcrty shall in every such case go to and be vested in the successor in office of such Official Assignee alone, or jointly ^1^ ':(% " -'•iijlii'iiifi'' '^'"'' 104 It. " ProTiso. All powers Tested in potitionck shall be vested in Assignee. AVhen peti- tioner is entitled to a lease, &c., and the Assignee accepts the same, peti- tioner not liable after filing petition. Statutes of Practical Utility. with the Assignee chosen by the creditors (if any), as the case may be ; and whenever any such petitioner shall have been or sht*!! be dismissed, all sales and dispositions of property and payments duly made, and all other acts theretofore done by any Assignee or any person or persons acting under his au- thority, or by any messenger or other person under the authority of the Judge or Commissioner, according to the provi jioiis of this Act, shall be good and valid, but the property of the peti- tioner shall otherwise in such case revert to such petitioner : Provided however, tnat no action or suit shall bo prosecuted or commenced against such Assignee, messenger, or other person or persons acting as aforesaid, except to recover any pro- perty of such petitioner detained after an Order made by the said Judge or Commissioner for the delivery thereof and the demand made thereupon. XVI. And be itj d-c, That all powers vested in any peti- tioner for protection from Process whose estate shall under the provisions of this Act have been vested in an Assignee or As- signees, which such petitioner might legally execute for his own benefit, shall be hereby vested in such Assignee or Assignees, to be by such Assignee or Assignees executed for the benefit of the creditors of such petitioner, under this Act, in such manner as such petitioner might 'lave executed the same. XVII, And be it, &c., That in all cases in which such peti- tioner shall be entitled to any lei.se or agreement for a lease, and his Assignee or Assignees shall accept the same, and the benefit thereof, as part of such petitioner's property, the said petitioner shall not be liable to pay any rent accruing after the filing of his petition, nor be in any manner sued aftc) such acceptance in respect of any subsequent non-observance or non-performance of the conditions, covenants, or agreements therein contained : Provided, that in all such cases as afore- said it shall be lawful for the lessor, or person agreeing to make such lease, his heir"", executors, administrators, or as- signs, if the said Assignee or Assignees shall decline, upon his or their being required so to do, to determine whether he oi they will or will not accept such lease or agreement for a lease to 8 Vic, Chap. 48. 105 as the case ave been or roperty and )re done by ider his au- he authority irovijioiis of of the peti- i petitioner : )rosecuted or other person rer any pro- made by the reof and the in any peti- all under the signee or As- te for his own b Assignees, )r the benefit Act, in such he same. eh. such peti- kt for a lease, ime, and the jrty, the said ling after the ed after such bservance or r agreements ises as afore- agreeing to rators, or as- e, upon his or er he oi they 'or a lease to apply to the Judge or Commissioner, praying that he or they may either so accept the same or deliver up such lease or agreement for a lease and the possession of the premises de- mised or intended to be demised j and the Judge or Commis- sioner shall thereupon make such order as in all the circum- stances of the case shall seem meet and just, and such order shall be bindiiig on all parties. XVIII. And I-', if, d'c, That it shall be lawful for the As- Assignees signce or Assignees of any such petitioner, and such Assignee ^'"^1°^"^^''^'* or Assiccnees shall be hereby empowered to sue from time to '"i ^'''' v""^" ^ .7 r of potitioner time, as there may be occasion, in his or their own name or?"*^'" !"'"* ' •' ' tor creditors. names for the recovery, obtaining, and enforcing of any pro- perty or rights of such petitioner, but in trust for the benefit of the creditors of such petitioner according to the provisions of this Act, and to give such discharge and discharges to any person or persons who shall be respectively indebted to such peti- tioner as may bo requisite; and to make compositions with any debtors or accountants to such petitioner where the same shall appear necessary, and to take such reasonable part of any such debts as can upon such composition be goiton in ^ull discharge of such debts and accounts, and to submit to arbitration any difference or dispute between,such Assignee or Assignees, and raiy person or persons for m on account or by reason of any matter, cause, or thing, relating to the property of such peti- proviso, tioner : Provided nevertheless, that no such composition or submission or arbitration shall be made, nor any suit in equity be commenced by any such Assignee or Assignees without the consent in writing of the major part in value of the creditors of such petitioner, who shall meet together pursuant to a notice of such meetinr; to be published at least fourteen days before such meeting in the Upper Canada Gazette, and also in some newspaper usually circulated in the neighbourhood of the place where such petitioner had his last usual residence before the filing of his petition, nor without the approbation of the said Judge or Commissioner. XIX. And he I'.t, d'c. That in all matters wherein creditors in matters shall vote, or wherein the assent or dissent of creditors shall be ^reditore ■1 J x 11 ■;«I, I. ■: ■*' « ' t :! 1 •il if ""'•■'ii: 106 voto, every (Toditor conMidertd as Hurh ia respect of Buch aniuunt only as* upon an account fiilrly stated between tho partiftH shall appear duo. Statutes of Practical Utiijty. exercised in pursuance of, or In carryinf; into effect this Act, every creditor shall be accounted such in respect of such amount only as " n account fairly stated between tho parties, after allG.,;..,^ tho value of inort^aj^ed property, and other such available securities and liens shall appear to be the balance due ; and that all disputes arising in such matters, concerning any such amount, shall, upon application duly made in that behalf, be examined into by the said Judge or Commissioner, who shall have power to determine the same ; Provided always, that the amount, in respect of which, any such creditor shall vote in any such matter shall not be con- clusive of the amount of his or her debt, for any ulterior pur- poses in pursuance of the provisions of this Act. i.'i! If petitioner XX. uiud he it, &€., That if any such petitioner shall, at oovernmont the tiiuo of filing his petition, or at any time before such peti- Judgemay tioucr sholl bccomc entitled to his final Order according to same to be this Act, havc any Government stocks, funds, or annuities, or transferred p .^ , ^ i #• • ii- to asi-iijnee. any ot the stocK or shares 01, or m any public company m Upper Canada, standing in his own name, in his own right, it shall be lawful for the said Judge or Commissioner, whenever he shall deem fit so to do, to order all persons whose act or conduct is thereto necessary, to transfer the same into the name of such Assignee or Assignees as aforesaid ; and all such persons whose act or consent is so necessary, as aforesaid, shall be hereby indemnified for all things done or permitted, pursuant to such Order. \\ 1! ■ 1*1 ^^■y\ I ■'I's, I i ^e^sf naWon ^XI. AucY he it, (&c., That whcncvcr any Assignee shall nouo '''"^° die, resign, or be removed, or a new Assignee shall be duly interfere appointo'^.^ no actioH at law or suit in equity shall be thereby suit. abated, but the Court in which any action or suit is depending may, upon the suggestion of such death, resignation or removal and new appointment (if any) allow the name or names of the surviving or new Assignee to be substituted in the place of the former, and such action or suit shall be prosecuted in the name or names of tho said surviving or new Assignee, in tho same manner as if he had originally commenced the same. ¥f 8 Vrr., CnAr. 4S. 107 t this Act, ct of such etwccn tho onerty, and ar to be the ch matters, cation duly d Judge or c the same : which, any not be con- iiltcrior pui- incr shall, at re such peti- iccording to annuities, or company in own right, it )r, whenever whose act or Qto the name nd all such oresaid, shall ed, pursuant signce shall lall be duly be thereby is depending n or removal lames of the place of the uted in the !;nee, in the le same. XXIT. yiiul hr if, (fv., That if any petitioner for protection Tfthopoti- /. l» 1 11 1 • P iM- 1 • • • I 1 tinlllT lllHl) from i'rocess shall at the time oi nhiig his petition, by tho iinvinnptTty consent and permission of the true owner thereof, have in his s.-s8i,,n ut 1 T •*• 1 1 ii 1 1 ^f 111- time of possession, order or disposition, any goods or chattels whoreoi niinitiiiH such petitioner was reputed owner, or whereof he had taken lu,h proper- upon him the sale or disposition as owner, the same shall bo if!.,",,*,! ,!?>,o doomed tho property of such petitioner, so as to become vested {1,1';, f^'g'" '"^ in the Assignee or Assignees for the time bciiig of the ]^^^*'y'|,^." estate and effects of such petitioner. XXIII. And he iV, ((v., That no distress for rent made and V" • • c ' n -t\ I"!' ri'Ilt lifter levied, alter the nling or any petition tor protection trom rro- filing [.o- 1 ii i «• . /» 1 ,• • 1 11 1 tincu >liall coss upon the goods or etlccts ot the petitioner, shall boiM-iivaiiiiMi' available tor more than one years rent accrued prior to the, me v. m's filing of such petition, but that the landlord, or party to whom rnuaVi. foro tho rent shall be due, shall and may bo a creditor for the t'itk.n!'^' overplus of the rent due, and for which the distress shall not be available, and entitled to all the provisions made for credi- tors by this Act. XXIV. Provided cdic(ii/s, and it it, dy., That if any suit ivovido. or action be brought against any petitioner for or in respect of „'"* 1,^.^1"^. any debt contracted before the date of filing his petition, it jjj' g„'i',V'*' shall be a sufficient plea in bar of the said suit or action, that j^'"/,"^y^^'^ such petition was duly presented and a final Order for protec- ^*j|'^*^^.j"||". tion and distribution made by a Judge or Commissioner duly *"'."■>' '''^•"^; •' ~' •^ tit Kin wu8[ authorized, whereof the production of tho Order signed by the i''^''- Judge or Commissioner, with proof of his hand-writing, shall be sufficient evidence. XXV. And he it, (C'c, That the like evidence of tho appoint- "What simii «.. Till • 1 re • 1 '"' '■^'il't'tlCl) ment ot Assignees shall be received as sufncient to prove such or the as- ,, Til • • 1 PiiTnees' up- appointments, in ail courts and places whatsoever, as is received pointmeut by the laws nov7 in force relating to Bankrupts, to prove such appointments. XXVI. And he if, (fr.. That it shall be lawful for any Cir ditors or creditor or Official Assignee or other Assignee, at any time mny'^incer- after the final Order shall have been made, except in the cases uppiy for tbo il -r -■i;Vi>lJ r'iT 108 Statutes of Puactical Utility. i;! !- ■;ii removal luciitioncJ 111 tlio fifth .Section of tliis Act, to give owe month's 8 Vic, Cuap. 48. 100 yao month's CO, or if lie Jenco mcn- ■ intends to r, or in case or Conuuis- • be rescind- ner's person ich Order in ommissionev iny evidence njc against it le petitioner^ I or Commis- inding Order ) believe that Order sought 5, effects, and , given notice by him J pro- OfBcial and h's notice to ided further, given twice ^per in which some other 'ided always, lall refuse to it, order the sditor making liters, in case ioner's estate tioner shall, [emplation of :cumstances, rer or make over any estate, real or pcr>^ tKjing , . ^ . . , . taken or dd- whatever in the cases hereinafter mentioned, that is to say : tained. ,*\ ■i ^n f;!i ;-va^&!si^W. -.i^A - . 110 Statutes of Practical Utility. execution at tlio time of tiling peti- tion. ,:|' ''■}■: If petitio- ifii^ ner's debts ■ :!' appear to ' liavo been . ■■'Ij contracted ■ M by fraud, &o. Judge shall ■ ';■ not name I"" day for linal order; but It petitioner was a pri- soner at tho ;-' time of liling petition, ho may bo remanded to custody. from all Process in respect of the several debts and sums of money duo or claimed to be due, at the time of filing the peti- tion from such petitioner, to the several persons named in the Schedule as creditors, or as claiming to be creditors for the same respectively, or for which such persons shall have given credit to such petitioner before the time of filing such petition, and which were not then payable, or in respect of the claims of any other persons not known to such petitioner at the time of making the final Order, who may be endorsees or holders of any negotiable securities set forth in such Schedule ; Provided always, that every such final Order may be made without to be in specifying therein any such debt or debts or sum or sums of form Hpecifl" . . ed in i^cha- moncy, or claiius as aforesaid, and such final Order shall be in dulc (A. No. , ,, '/^i-rtiii i-HT ^s 4.) the form specined in fechedule (A. ^o. 4). Judpoor XXX. And he it, &c., That if any such petitioner, being a ner"may'°" prisoner in execution at the time of filing his petition, shall be peut'ioife^r detained in prison for any debt or claim, in respect of which pri'sonerin ^^^ is protected from Process by his final Order, it shall be law- ful for the Judge or Commissioner to order any Officer who shall have such petitioner in custody by virtue of such execu- tion, to discharge such petitioner without exacting any fee, and such Officer shall be hereby indemnified for so doing. XXXI. Provided alicays, and he it, &€., That if on the day for the first examination of the petitioner, or at any ad- journment thereof, it shall appear to the Judge or Commissioner that the debts of the petitioner, or any of them, were contracted by any manner of fraud or breach of trust, or by any prosecu- tion whereby he had been convicted of any offence, or without having at the time a reasonable or probable expectation of being able to pay such debt or debts, or that such debts, or any of them, were contracted by reason of any judgment in any pro- ceeding for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious suing out a fiat of Bankruptcy, or malicious trespass, or that the petitioner has parted with any of his property since the pre- senting of his petition, the Judge or Commissioner shall not Jud ge ^\ \ >l 8 Vic, Chap. 48. Ill be authorised in any such case to name any day for making such flnal Order, or to renew such interim Order; and in every such case wherein such petitioner shall have been a prisoner in execution, and discharged out of custody by order of the Judge or Commissioner under the provision herein in that behalf contained, such petitioner shall be remanded by an Order from the Judge or Commissioner to his former custody ; but if none of the matters aforesaid shall so appear, and the Judge or Commissioner shall be satisfied that the petitioner has made a full discovery of his estate, effects, debts, and credits, it shall then be lawful for the Judge or (!!ommissioner to cause notice to be given that on a certain day to be therein named, he will proceed to make such final Order, unless cause be shewn to the contrary. XXXII. And he it, &c., That every sum of money t^ .it sums of shall be payable by way of annuity or otherwise, at any future pa'^"lile by time or times, by virtue of any bond, covenant, or other secu- "onsydlred rities of any nature whatsoever, shall be deemed and taken to ^ifhin* Uio be debts within the meaning of this Act; provided always, ^'^'1^"]^"^^ °^ that every person who would be a creditor of any petitioner for protection from Process for such sum or sums of money, if the same were presently due, shall be admissible as a creditor of such petitioner for the value and no more of such sum or sums of money so payable as aforesaid, which value the Judge or Commissioner authorized to act in the matter of the petition shall, upon application at any time made in that behalf, ascer- tain, regard being had to the original price given for such sum or sums of money, deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the time of tiling such petition ; and such creditor shall be entitled in respect of such value to the benefit of all the provisions made for creditors by this Act, without prejudice, nevertheless, to the respective securiiu.s of such creditor, excepting as respects the effect of the final Order, which shall be obtained by such petitioner under the provisions of this Act. XXXIII. And he it, &c., That it shall be lawful for the considera- Judge or Commissioner, at the time appointed for making the orjer may' ^ ;v;,l '£>M 3&a^Mifesi*«ik 112 Statutes of Practical Utility. be adjourned final Order for protection from Process, or at any adjournment thereof; to adjourn the consideration of such final Order, sine die. , ^ XXXIV. And he if, i&c, That if, for uny of the causes in If no (lay be , ' ' ' -^ ^ named for that behalf aforesaid, no day be named for making the final final order, ... Judge or Order, or if the consideration of such final Order be adjourned CommiH- sionersJiaii sitic (lie, or such final Order be refused, the Judge or Com- makean , . . . order to pro- missioner shall have the power, after the expiration of such tect potitio- . 1 /.I- <. 1 • • 1 • 1 nerfrom time subscqucnt to the nling oi the petition, as, having regard tained or to all the circumstancc of the insolvency and the conduct of any process, the petitioner as an insolvent debtor, before and after his in- solvency, the Judge or Commissioner shall think just, and after hearing the petitioner or any of his creditors, or his or their Counsel or Attorneys, to make an Order to protect the petitioner from being taken or detained under any Process whatever for or in respect of the several debts and sums of money due, or claimed to be due, at the time of filing his peti- tion, from the said petitioner to the several persons named in his Schedule as creditors, or as claiming to be creditors, for the same respectively, or for which such persons should have given credit to the said petitioner before the time of filing his petition, and which were not then payable, and as to the claims of all other persons not known to ihe said petitioner at the time of making such Order, who may be endorsers or holders of any negotiable security set forth in the said Schedule. If petitioner bo taken under any process, Judge orj Commissio- ner may dichargo him from custody. XXXV. And he it, &c., That if such petitioner shall be taken or detained under any Process whatever for any debt or claim in respect of which he is protected from Process, by such Order as last aforesaid, it shall be lawful for the Judge or Commissioner to order any Officer who shall have such peti- tioner so in custody to discharge such petitioner therefrom, without exacting any fee, and such Officer shall be hereby indemnified for so doing. In certain XXXVI. And whcreas it may sometimes happen that a may^aiiow^^ debt of, or claim upon, or balance due from a petitioner for be amended, protection from Process, may be specified in his Schedule so 8 Yic, Chap. 48. 113 idjournment . Order, sine he causes in ng the final be adjourned ige or Com- tion of such laving regard le conduct of after his in- nk just, and ors, or his or protect the any Process and sums of filing his peti- ;ons named in 3 creditors, for IS should have e of filing his is to the claims titioner at the sers or holders ichedule. ioner shall be br any debt or rocess, by such the Judge or lave such peti- ncr therefrom, lall be hereby lappen that a petitioner for b Schedule so sworn to as aforesaid, at an amount which is not exactly the actual amount thereof, without any culpable negligence or fraud or evil intention on the part of the said petitioner ; Be it enacted, That in such case the Judge or Commissioner shall allow the Schedule to be amended in that behalf; and in every case in which an amendment of the Schedule shall be allowed, to said petitioner shall be entitled to every benefit and protec- tion of this Act ; and the creditor in that behalf shall be enti- tled to all the benefits of all the provisions made for creditors by this Act, in respect of the actual amount of such debt, claim or balance, and neither more nor less than the same, to all intents and purposes, such error in the said Schedule not- withstanding. XXXVII. And be it, &c., That whenever, after an Audit, there shall appear to the Judge or Commissioner to be in the hands of the Ofiicial Assignee any balance wherewith a dividend may be made, proceedings shall be had forthwith, under the direction of the Judge or Commissioner, for making such dividend, and also, when it shall appear necessary, for correct- ing and ascertaining the list of creditors entitled to receive the same ; and notice of any sitting of the Court ordered to be held for such ascertaining of debts, or for an Audit, or for declaring a dividend thereupon, or for all such purposes, shall be given for such time and in such manner as the Judge or Commissioner shall from time to time direct ; and such dividend shall be made amongst the creditors of the petitioner, whose debts shall be admitted in his Schedule, sworn to by the peti- tioner, and amongst such other creditors (if any) who shall prove their debts in pursuance of any Order of the Judge or Commissioner, to be made in that behalf, in proportion to the amount of the debts so admitted, or so admitted and proved, as the case may be : provided always, that if the petitioner, or any creditor or assignee, shall object in whole or in part to any debt tendered to be so proved as aforesaid, or to any debt mentioned in the Schedule of the petitioner, or if any person whose demand is stated in such Schedule, but is not admitted therein, to the extent of such demand, shall claim to be admitted as a creditor to the extent of such demand or for When there shall be any balance in the hands of Official AsHignee, whereof a (liTidenil may be made, pro- ceedings shall l^ taken to make such dividend Proviao. •1 ■I! ;'. '-m ■if ■I il ^iK^iBttfeit.'.-s£- j^^ .- i'*-! If after 12 ■'.'■ months from 'i'l filing of c'il' petition any !(■■ debts or property ;^ remain ilue !'■ to estate of petitioner, Aasigoeea may sell the ^« H&me. t I. 114 Statutes op Practical Utility. more thereof than is so admitted, the said objections and claims shall, upon npplication duly made, be examined into by the Judge or Commissio;icr, and the decision of the Judge or Commissioner thereupon shall be conclusive with respect to the title of such creditor or creditors, to his or their share of such dividend : provided always, that if in any case it shall appear Com^issio expedient, it shall be lawful at any time for the Judge or ner may . cause crodi- Commissioner, by notice as may be directed in that behalf, to tors to i)rove ' •' , •' tiieir debts, causc all or any of the creditors to prove their debts, in such whenever it ,i t , /-, • • i „ • i ^ may be manner as the Judge or Commissioner shall require, and to decide upon such debts and the right to receive dividends thereupon, and to do all things requisite thereto, as aforesaid. XXXVIII. And be it, &c., That if at the expiration of twelve calendar months from the filing of any petition for pro- tection from Process, there shall remain any outstanding debts or other property, due or belonging to the estate of the peti- tioner, which cannot, in the opinion of the Judge or Commis- sioner, be collected and received without unieasonable or inconvenient delay, it shall be lawful for the Assignees, under the direction of the Judge or Commissioner, to sell and assign such debts and other property in such manner as shall be ordered by the Judge or Commissioner. District XXXIX. And he it, &c., That it shall be lawful for the macules Judgc of the District Court in each and every District, together fn Bank-'^'* with any other Commissioner or Commissioners in Bankruptcy, "iptcy. jjj ^jjg District of which he is Judge, if there be any, from time to time to make such orders, rules and regulations as he or they shall think fit, for the better carrying this Act into execution, and particularly for regulating and appointing the duties of the Ofiicial Assignees and of the other Assignees, the auditing of their accounts, the collecting of the debts, and the realizing of the estate and effects of the petitioner, and the notification of the time of hearing petitions or motions in the Gazette or otherwise j which orders, rules and regulations shall upon being approved by the Court of Review in matters of .Bankruptcy, be binding upon all persons whomsoever. x; said any c prcce cither pelth by At of the XL Her J cstablis XLI this Ac authori: from P for his J less so a often p of the pi XLII from Pr( purporti; as aforej purportii evidence XLIV XLV. of this A shall be of this Pi XLVI. ^G altered present se ':-mm: m-mmi^d 8 Vic, Chap. 48. 115 nd claims by the Judge or pect to the :e of such lall appear Judge or t behalf, to )ts, in such ire, and to . dividends Si aforesaid. spiration of tion for pro- inding debts of the peti- s or Commis- easonable or gnecs, under jU uQd assign as shall bo )ever. XL. And he it, &c., That it shall and may be lawful for the .tu'^o n»«y said Judge or Commissioner, to enforce the performance of imprison for any order, rule or regulation, made in conformity to the next vauce. preceding clause, and in his discretion, to fine and imprison, or cither, for any wilial non-observance of the same, and to com- pel the payment of any costs which he is authorized to order, by Attachment, in the same manner, and as fully as a Judge of the District Court may be acting as such Judge. XLI. And he it, Sec, That it shall and may be lawful, for^abioof Her Majesty's Court of Queen's Bench, to regulate and^"**^' establish a Table of Costs for any matter done under this Act. XLII. And he it, <&c.. That from and afler the passing ofRemunem- this Act, it shall be lawful for the Judge or Commissioner official authorized to act in the matter of any petition for protection ^^'^°''°' from Process to direct remuneration to the Official A.-'signee for his services in the matter of such petitioner, but neverthe- less so as such remuneration shall in no case exceed the rate of ten pounds per centum on the sum received as the proceeds of the property of the petitioner. XLIII. And he it, &c., That any petition for protection petition" from Process and any proceeding in the matter of such petition eywJncc.^ *° purporting to be so signed by any such Judge or Commissioner as aforesaid, or a copy of such petition or other proceeding purporting to be so signed, shall, in all cases, be receivable in evidence of such proceedings having respectively taken place. XLIV. [Repealed by 19 Vic, c. 43.] XLV. Provided alwat/s, and he it, &c., Th. the provisions Act limited of this Act and all the matters and things herein contained, oiuadl' shall be construed to apply, and be in force only in that part of this Province which was formerly Upper Canada. XLVI. Provided alicays, and he it, &c.. That this Act may j^, ^^ be altered or repealed by any Act to be passed during the ^^^^^\ present session of Parliament. ■• : If rt. '■■1 t r ^1 1 til m i s\\ .-■STv* t, ! 116 Statutes op Practical Utility. Duiatioa of Act. ' (Soo : Vic, 19 A 20 c. 93.) XLVII. And he it, &c., That this Act shall be and continue in force for two years from the passing thereof, and from thence to the end of the then next ensuing session of Parliament, and no longer. iContinued by 10 & 11 Vic, c. 8; 11 Vic, c 3; 12 Vic, c 17; 13 & 14 Vic, c 16; 14 & 15 Vic, c 68 ; 16 Vic, c. 151 ; 18 Vic, c. 85 ; 19 & 20 Vic, c 85.] SCHEDULE. (A. No. 1.) I, A. B., at present, and for months past, residing at -, in the Township of , in the District of and being (here set forth the description of the Debtor and his profession or calling, if any) do hereby give notice that I intend to present a Petition to , Commissioner in Bank- ruptcy for the District of , praying to be examined touch- ing my debts, estate, and effects, and to be protected irom all Process, upon making a full disclosure and surrender of such estate and effects for payment of my just and lawftil debts ; and I hereby further give notice, that the time when the matter of the said Petition shall be heard is to be advertised in the Canada Gazette, and in the newspaper, one month at the least after the date hereof. As witness my hand, this day of in the year (A No. 2.) Form of Petition for Protection from Process. To the Judge of the District Court of the District of - or to A. B., Commissioner in Bankruptcy for the District of . The humble Petition of (insert at full length the name, address, and quality of the Petitioner, and also the trade or business, or (if more than one) the trades or businesses which he carries, or has carried on, during his twelve months' resi- dence within the District of the Court) Shev/eth : That your Petitioner is not a trader within the meaning of the Statute now in force relating to Bankrupts (or was a trader and failed before the passing of the said Statute) or (if a trader and having failed since the passing of the said Statutes, strike 8 Vic, Chap. 48. 117 out the word "not," and add after word "Bankrupts'^ the words "but owing debts amounting in the whole to less than one hundred pounds.") That your Petitioner has resided twelve calendar months within the District of this Honorable Court, that is to say, (insert the places and periods of residence.) That your Petitioner has become indebted to divers creditors, whose names are inserted in the Schedule A, (or as the case may be) to this his Petition annexed, and that he is unable to pay his debts in full. That your Petitioner has examined the said Schedule, and that such Schedule contains a full and true account of your Petitioner's debts and the claims against him, with the names of his creditors and claimants, and the dates of contracting the debts and claims severally, as nearly as such dates can be stated, the nature of the debts, claims, and securities, (if any) given for the same, and that there is reasonable ground in his belief for di&j. ing so much of the debts as are thereby men- tioned as disputed ; and also a true account of the nature and amount of his property, and an inventory of the same, and of the debts owing to him, with their dates as nearly as such dates can be stated, and the names of his debtors, and the na- ture of the security (if any) which he has for such debts ; and that the said Schedule also contains a balance sheet of so much wearing apparel, bedding, and other such necessaries of your of his receipts and expenditure as is required by this Honora- ble Court in that behalf, and doth fully and truly describe the Petitioner and his family, and his working tools and imple- ments. ■v? 4 iff. 'la V' I That your Petitioner has not parted with or changed any of his property (except for the necessary support of himself and his family, and the necessary expenses (not exceeding pounds) of this his Petition, or in the ordinary course of trade) at any time within three months of the date of filing this his Petition, or at any time with a view to this Petition. .-J m 3 18 Statutes of Practical Utility. That your Petitioner is desirous that his estate should be administered under the protection and direction of this Honor- able Court, and that he verily believes such estate is of the value of pounds at the least, unencumbered, and be- yond the value of his woaring apparel and other matter, which your Petitioner is authorized to except by law, and that the same is available for the benefit of his creditors. That your Petitioner submits to this Honorable Court the proposal for the payment of his debts contained in the said Schedule. (Omit this paragraph if no special proposal.) Your Petitioner is ready and willing to be examined from time to time touching his estate and effects, and make a full and true disclosure and discovery of the same. Your Petitioner, therefore, prays such relief in the premises as, by the Statute now in force for the relief of Insolvent Debtors, may be adjudged by this Honorable Court. And your Petitioner shall ever pray, &c. &c. Signed by the said Petitioner, on the day of , 18 — , in the presence of Attorney or Agent in the mat- ter of the said Petition. (A. No. 3.) Affidavit verifying Petition and Schedide. A. B.., of the Petitioner named in the Petition here- unto annexed (if the Petititioner affirm, alter accordingly,) maketh oath and saith, that the several allegations in the said Petition, and the several matters contained in the Schedule hereunto annexed, are true. Sworn, &c. 8 Vic, Chap. 48. 119 (A. No. 4.) m FINAL ORDER FOR PROTECTION FROM PROCESS. In the Insolvent Court for the District of (■^ In the matter of the Petition of of of in the of an Insolvent Debtor, and not being a trader within the meaning of the Statute now in force relating to Bankrupts (or being a trader, and having failed before the passing of the said Statute, or, and being a trader within the meaning of the Statute now in force relating to Bankrupts, and having failed since the passing of the said Statute, but owing debts amounting in the whole to less than pounds) ; Be it remembered that the said one hundred - having pre- sented his Petition for protection from Process to this Honor- able Court, and such Petition having been duly filed in Court, and the said Petitioner having duly appeared and been examined touching his debts, estate and effects; and it appear- ing thft the said by virtue of the Statutes in that case made and provided, is entitled to the protection of his person from being taken or detained under any Process whatever, in respect of the several debts and claims hereinafter mentioned, a final Order is hereby made to protect the person of the said from being taken or detained under any Process what- ever, in respect of the several debts or sums of money due or claimed to be due after the time of filing his Petition, from the said Petitioner to the several persons named in his Sche- dule as creditors or as claiming to be creditors, for the same respectively, or for which such persons shall have given credit to the said Petitioner before the time of filing his Petition, and which were not then payable and as to the claims of all other persons not known to the said Petitioner at the time of making this Order, who may be endorsees or holders of any negotiable security set forth in his said Schedule; and it is hereby directed, that the proposal of the said Petitioner, set forth in his Petition, for the payment of his debts, be carried into effect Sisl m • *■ ' I it - 5 -ll ' ^u 120 Statutes op Practical Utility. in the following manner, that is to say : (here state particu- larly the manner in which the same is to be carried into effect.) Given under my hand, this of 18 — . (Signed,) Commissioner. 9 VICTORIA.— CHAP. 7. An Act to amend an Act passed during the last Session of this Parliament, intituled, An Act to amend, consolidate and reduce into one Act the several laws now in force, establish- ing or regvlating the practice of District Courts in the several Districts of that part of this Province, formerly Upper Canada. [Passed 18th May, 1846.] Preamble. Wfereas it is necessary to amend the Schedule to an Act passed during the last Session of this Parliament, and intituled. An Act to amend, consolidate and reduce into one Act the several Laws now in force, estahlishing or regulat'ng the practice of District Courts in the several Districts of that part of this Province, formerly Upper Canada: Be it, &c., That in addition to the Fees set down and authorized in and by the said Schedule and the said Act, as Fees to be received by the Clerk and to belong and be paid over to the Additional Yeo fuud, the Fees mentioned in Schedule A, to this Act feoB to the fee ' ' f^ndandto annexed, shall and may also be demanded and received by the Clerk, and shall belong to and be paid over to the Fee fijnd, repealed by and that the Clcrk shall be entitled to the Fees mentioned in 19 & 20 Vic, . , . . c. 90, 8. 23.) the Schedule B, to this Act annexed, in addition to those al- ready provided. Power of II- ^^d ^6 *^ <^^"} That any Judge of a District Court cauon ex.^* shall, on motiou to set aside any interlocutory Judgment, giv- ing time to plead, and on application for security for costs, have the like power in vacation that he would have in term time. tended. \r^ 9 Vic, Chap. 33. 121 III. And he if, d'c, That the sixth Section of the said Act fixtu Htvtion shall be repealed, and that the said Courts respectively shall c la, roi..ui- hold four terms in each year, which shall severally commence tiut Courts on the Monday in the week next but three preceding thet.rmgiuemii week in which the General Quarter Sessions arc respectively ^'**'" holden, and shall cud on Saturday of the same week ; and every day in term shall be a return day, and that the first and last days of all periods limited by the said Act, or by any rule or order of the said Courts, shall be inclusive. IV. [Pending proceedings not aifected.J SCHEDULE A. [Repealed by 19 & 20 Vic, c. 90, s. 23.] I 'if! K-fk : \:m f\ SCHEDULE B. Every Judgment entered, two shillings. Taxing Costs, when no Judgment entered, one shilling and six pence. 9 VICTORIA.— CHAP. 33. All Act to provide for the accommodation of the Courts of Superior Jurisdiction in Upper Canada. [Passed 9th June, 1840.] Whereas it is necessary to make provision for the due ac- Preamble, commodation of the Superior Courts of Law and Equity in Upper Canada : Be it, &c., That there be granted to Her Majesty the sum of six thousand pounds, to be raised by De- £,3,000 pran- bentures in manner hereinafter mentioned, to enable Her Majesty!'to 3Iajesty to pay that sum to the Law Society of Upper Can- l^^iTurti^ ada, so soon as that Society shall enter into a covenant to the (gp^ ^g vic. satisfaction of the Governor in Council, to provide fit and*'*^^^-^ proper accommodation for the Superior Courts of Law and Equity, for all time to come, at the seat of the said Society, without further charge and expense to this Province. ■-*! ■J*!tefia«4fe )• i 12'> Oovornnr niny Ishiio DBbt)iitiin'« for the Kulil 9urn, at Mx jHir cent. Statutes of Practical Utility. IT. And he it, (fr., That it shall and may be lawful for tlic Governor of this Province to authorize the issue of Debentures for the sum of six thousand pounds, in such form and lur such .separate sums as may be found convenient ; such Delon- tures to be at a rate of interest not to exceed six per centum per annum, and redeemable within fifteen years. III. [Peually on persons counterfeiting Debentures.] Cprt.iinHums ^^- ^"^"'^ ^^ ''> *^*''-' ^'^^* for the purposc of paying the in- tob.- levied tyrcst ou sucli Dobcnturcs and linuidatini' the principal there- on iirDccKs, 1 .nil ni ' f'/''^" of, there be levied, imposed, and collected on the proceedings intfiest on j,^ j^.^^y j^nd Equity, the sums set forth in that behalf in the Dc'hciitureK. / *' ' Schedule to this Act annexed. Certain V. And bc It, &c., That it shall be the duty of the Clerk of CourtBto the Crown and Pleas and his several Deputies, and of the Re- iinpo.se ?J >f Debentures.] 9 VICTORIA. -CHAP. 3G. An Aci to amend an Act passed in the last Session of this Parliament, intituled, An Act to amend, consolidate, and reduce into one Act, the several Laws now in force cstahlish- ing or rcgidating the practice of District Courts in the several Districts of that ptart of this Province formerly Vpper Canadn. [Passed 9th Jute, 1846.] Whereas it is expedient to amend the Act passed in thej^^^^^^^ last Session of this Parliament, intituled, A71 Act to a?ne«c?, «th victoria, ' ' ' cap. 3. cited. consolidate, and reduce into one Act, the several Laws noio in force estahlishing or regidating the practice of District Courts in the several Districts of that part of this Province formerly Upper Canada, so far as it relates to the Judges of the said .« 'A 124 Statutes of Practical Utility. JndgeB of District Courts to hold tlieir offlces during pleasure. several District Courts holding oflSco during good behaviour, and also so far as it relates to its being lawful for the Governor to remove any such Judge or Judges of the said Courts, upon a joint Address of the Legislative Council and Legislative Assembly of this Province : Be it, &c., That for and notwithstanding anything to the contrary in the second section, or in any other part of the said Act, the Judge or Judges of the said several District Courts shall hold their several offices during pleasure. Governor ^^- ^^^^ ^^ ^'^ ^^-J ^^^* ^* ^^^^^^ ^^^ ^^^J ^® lawful for tllO may remove (Governor to remove any such Judge or Judges, without a i!ut'*Addre!s J^'"'" Addrcss of the Legislative Council and Legislative As- rariiam nt ^^"^^^J ') Provided always, that in case of any removal of any such Judge or Judges, the cause and reason for such removal shall be submitted to the Legislative Council and Legislative Assembly at their first Session next after any such removal of any Judge or Judges of the said Court. 8 vr£?a °' III. And he it, &c., That every thing in the said Act con- chapter 13, tained, contrary or repugnant to the provisions of this Act, be this, ro- and the same is hereby repealed. pealed. '' '■ Proviso. •^ ?!«;'!': 9 VICTORIA— CHAP. 56. An Act to regulate the Poundage to he received hy Sheriffs on ExecutionSj and for other purposes therein mentioned. [Passed 9th June, 1846.] Preamble. WiiEREAS doubts havc bccn raised as to the true intent and Actofu.c. i^eaning of the thirty-second Section of the Act of the Legis- c.^ dtecu' ^^^^"^^ of the Province of Upper Canada, passed in the seventh year of the Reign of King William the Fourth, and intituled, Sec 32 of the -^'^ -^^^ f^'"' the further amendment of Law, and the hettcr S^ed^°* "■°" advancement of Justice, and it is expedient to remove such doubts : Be it, &c., That the Thirty-second Section of the said Act be and the same is hereby repealed. In what II. And whereas in cases where "Writs of Execution have cases and to , . i tn. . i • i • what been issued into several Districts, upon which writs property, '3 !■■ !> M ood behaviour, r the Governor d Courts, upon ,nd Legislative That for and second section, ^e or Judges of • several offices e lawful for the Iges, without a Legislative As- removal of any jr such removal and Legislative 5uch removal of le said Act con- of this Act, be I hy Sheriffs on mentioned. 9th June, 1846.] rue intent and t of the Legis- in the seventh , and intituled, and the better I remove such ion of the said Ixecution have writs property, 9 Victoria, Chap. 56. ' .125 real or personal, may have been seized or advertised, which amount property has afterwards not been sold on account of satisfac- shau bo''° lion having been otherwise obtained, or from some other cause, sheriffs. '^ it has been doubted whether a claim to poundage may not bo advanced by the SheriflF of each of such Districts respectively, although no money has been actually levied by them under such writ : £c it, &c., That where upon any such Writ of Execution sued out against the estate, real or personal of the Defendant or Defendants, no money shall be actually levied, no poundage shall be allowed to the Sheriff, but he shall be allowed his fees for the services which may be actually rendered by him ; and it shall be in the power of the Court from whence such Execution shall have issued, or for any Judge thereof in vacation, to allow a reasonable charge to the Sheriff, for any service rendered in respect to such execution, for which no specific fee or allowance may be assigned in the table of costs. III. And he it, &c., That the Sheriff shall not be entitled to j,uj.jjjgj. poundage on any execution against goods and chattels, (except ""''mo'^V* ia cases where the full amount shall be collected by him,) on of poundage a greater sum than the value of the property actually seized by hmi under any Writ of Execution, whatever be the sum mentioned or endorsed upon such writ. IV. And whereas by an Act passed in the seventh year of^^jj^ j^ the Reign of Her present Majesty, intituled. An Act to enable '^^^^^'^y Courts of Law in that part of this Province called Upper ^^'^^^n Canada, to give relief against adverse claims, made ^'r ! ' . !•' I ■■I 1 130 Statutes of Practical Utility. excluded in the computation of the period hereinbefore men- tioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible. Terms of years, Ac, excluded from compu- tation, in certain cases, VII. Provided aJso, and he it, ttr., That "when any land or water upon, over or from which any such way or other con- venient water-course or run of water shall have been or shall ■ be enjoyed or derived, or ghall be held under or by virtue of any term of life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned during the continuance of such term shall be excluded in the compu- tatioii of the said period of forty ycars^ in case the claim shall within three vears next after the end, or sooner determination of such ten be resisted by any person entitled to any reversion expectant on the determination thereof. Exception as ym. Provided also, and he it, (£x., That nothing in this to lands of ; ; 7 o the Crown ^gt shsiil extcud to support or maintain or be construed to not duly 8ur- ^ ^ -"^^ voyed and support or maintain any claim to any profit or benefit to be taken or enjoyed from or upon any land of Our Sovereign Lady the Queen, Her Heirs and Successors, or to any way or other easement, or tu any watu; -course or the use of any water to be enjoyed or derived upon, over or from any land or water of Our said Lady the Queen, Her Heirs and Successors, unless such land, way, easement, so water-course, or other matter shall lie and be situate within the limits of some town or township, or other parcel or tract of land duly surveyed and laid out by proper authority. [Relate exclusively to Ileal Property.] Local extent XII. And he it, d\\, That this Act shall extend only to mencemcnt that part of the Provincc formerly Upper Canada, and shall commence and take effect on the first day of January now next ensuing. p 10 & 11 Vic, Chap. 6. 131 10 & 11 VICTORIA, CHAP. G. Ail Act for compensating the Families of Persons JciUcd Jii/ Accident, and for other purposes therein mentioned. [Passed 9th July, 1847.] AViiEREAS a person, who, by his wrongful act, neglect, or do- rroambie. fault, may have caused the death of another person, should be answerable in damages for the injury so caused by him : i^c Action given it, &c., That whensoever the death of a person shall be caused liamage^for by wrongful act, neglect, or default, and the act, neglect, or^uyp,?rson^ default is such as would (if death had not ensued) have entitled ftnTwrong- the party injured to maintain an action and recover damages in ["' *^^| ^^j. respect thereof, then and in every Buch case the person who ^eiauit. would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in Law to Felony. II. A7id he it, dx., That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be brought by and in the name of the Executor or Administrator of the person deceased in Upper Canada, or of the personal represen- tative, tutor, or curator, or of the heir of such person deceased in Lower Canada, and in every such action the Jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whor benefit such action shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before men- tioned parties in such shares as the Jury by their verdict shall find and direct. For whose benefit and in ■whoso name such action shall be brought. ^Vllat dama- ges may be given. Jury to direct the proportion in which the damages shall be di\'ided. *'■•»■ 'I. ■yi I III. And he it, &c:, That when the death of any person or An action , ,, , , , , . . . , . shall lie on persons shall be caused by any wound or injury received m a the part of duel, which wound or injury shall or may have been inflicted tatlve ofT by the use of any description of Fire Arms or other deadly fn a duei,^ weapon whatsoever, then and in such case the person inflicting action could .^ . 132 Statutes of Practical Utility. imromain- sucli wound or injury, and all persons present aiding or abetting piirtyiiim- tlic partics in sucli ducl as seconds or assistants therein shall been wound- and may be proceeded against under the provisions of this ^^^' Act, notwithstanding no action for damages could have been brought by the said person or persons whose death shall or may have been so caused had death not ensued from the infliction of such wound or injury. IV. Provided always, and he it, tf"c., That not more than shall lie for and in respect of the same subject No moro than one action to He ono actiou for the same cause. matter of complaint; and that every such action shall be corn- Limitation ^ ' 1 n 1 1 1 /. 1 of time for mcnccd withiu twelve calendar months after the death of such bringinK such action, deceased person. Plaintiff to y, ^^i^i Jjq {( ^^c., That in every such action the Plaintiff serve on tho ' ' ^ •' ^ Defendant on the Tccord shall be required, together with the declaration, notice of . . , certain par- to delivcr to the Defendant or his Attorney, a full particular of ticulars with -i ^ iii/» tiie deciara- the pcrsou or pcrsous for whom and on whose behalf such lion. action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. Interpreta- tiou clause. VI. And be it, (Jhc, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter, that is to say : words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word "person" shall apply to bodies politic and corporate; the word "parent" shall include father and mother and grand-father and grand- mother and step-father and step-mother; and the word "child" shall include son and daughter and grand-son and grand- daughter and step-sou and step-daughter. 10 & n Vic, Chap. 10. 133 ■^i Preamble. 10 & 11 VICTORIA.— CHAP. 10. An Act for the hetter protection of Merchants and others icho may hereafter receive Assijnmcnts and enter inth Contracts and Agreements in relation to Goods and Merchandize entrusted to Agents. [r'assed 28th July, 1847.] Whereas it is expedient to aflford better protection to Merchants and others who may hereafter enter into Contracts or Agreements in relation to goods, wares and merchandize entrusted to Factors and Agents ; and whereas advances on the security of goods and merchandize have become an usual and ordinary course of business, and it is advisable and necessary that reasonable and safe facilities should be afforded thereto : Be it, &c., That from and after the passing of this Act it shall and may be lawful for any person to contract with any agent who ouall thereafter be entrusted with the posscs- (, ■, 1 -IT J 1 ii Contracts for sion of any goods and merchandize or to whom the same may the sale of be consigned, for the purchase of any such goods or merchan- wlVaKents dizc, and to receive the same of and pay for the same to such tloV'theVs- agent, and such contract and payment shall be binding upon thereof to be and good against the owner of such goods and merchandize u!o,fj;h\'he notwithstanding such person shall have notice that the person [^"ly'jf^'y maliino; and entering into such contract or on whose behalf J''® •*,"*"" *<* o " 1)6 only an such contract is made or entered into is only an Agent. *Kent. ■ ■ tfl II. And he it, &g., That any such agent who shall be Apents to be entrusted with the possession of goods and merchandize or of owners of the documents of title to goods and merchandize shall be frosted to deemed and taken to be owner of such goods and merchandize purpose"' and documents for the purposes of such sale or contract of sale t^e^sectlon^ as in the first clause mentioned, and also so as to entitle the a^ to*enH'tie consignee of such goods and merchandize to a lion thereon in thereorkTa respect to any money or negotiable security advanced or given Jjf°jj[°g ^^ by such consignee to ar^d for the use of such agent, or inthea°eu^^ respect of any money or negotiable security received by him a°'i aiHo so •*■ ... ^•' as to make to the use of such consignee in the like manner and to all intents tbUi con- ° tracts of and purposes, as if such person was the true owner of such pledge, goods and merchandize, and so far as to give validity to any •t 134 Statutes of Practical Utility. contract or agreement by way of pledge {fjuije), lien or security Jjona fide made by any person with such agent so en- trusted as aforesaid, as well for any original loan, advance or payment made upon the security of such goods and merchan- dize or documents, as also for any further or continuing advance in respect thereof, and such contract or agreement shall be binding upon and good against the owner of such goods and merchandize, and all other persons interested therein, notwithstanding the person claiming such pledge or lien may have had notice that the person with whom such contract or agreement is made is only an agent. Contrac's of pledge. Notice of ownership not to afTect such con- tracts. Case where the pledge or lien shall bo in considera- tion of tho dellTory of other goods, kc, on -which the party do- livering them hath a lien, pro- vided for. ProTiso as to amount of lien in such case. Act not to extend to cases when the party advancing, &c., has notice that the agent has no power to pledge, or is III. And he it, &c., That where any such contract or agree- ment for pledge (jjage), lien or security shall be made in consideration of the delivery or transfer to such agent of any other goods or merchandize or document of title or negoeiable security, upon which the person so delivering up the same had at the time a valid and available lien and security for or in respect of a previous advance by virtue of some contract or agreement made with such agent, such contract and agree- ment, if hona fide on the part of the person with whom the same may be made, shall be deemed to be a contract made in consideration of an advance within the true intent and meaning of this Act, and shall be as valid and effectual to all intents and purposes and to the same extent as if the consi- deration for the same had been a hona fide present advance of money : Provided always, that the lien acquired under such last mentioned contract or agreement upon the goods or documents deposited in exchange, shall not exceed the value at the time of the goods and merchandize which, or the documents of title to which, or the negotiable security which shall be delivered up and exchanged. IV. Provided always, and he it, d'c, That this Act and every matter and thing herein contained shall be deemed and construed to give validity to such contracts and agreements only as in this .\ct mentioned and to protect only such loans, advances and exchanges as shall be made hona fide and without notice that the agent making such contracts and 10 & 11 Vic, Ciiap. 10. 135 ict or aq-rec- a,2;rccracnts as afovcsaiJ has no authority to make the same or a- ii 4 >^l I 13G AIno con- tractH to deliver, itf., HUCh KDOll.i or docu- ments, if tho Hiinio ho al'ttrwiirdH rcPoived without no- tii'i! of non- autliority of Aijent. Contracts with tlio Clerk and with thd Agent. Pnvments in bills of exchango.&c. Possession of Afcent to l)e deenii'd with consent of owner, unless tlic contrary bo rsbcwn. Statutes of Practical Utility. control or for him or on his behalf; and when any loan or advance shall be bona fide made to any agent entrusted with and in possession of any such }j;uod.s and merchandize or docu- ments of title as aforesaid on tho faith of any contract or ajrrecmcnt in writinp; to consi<;n, deposit, transfer or deliver such goods and merchandize or documents of title as aforesaid, and such goods and merchandize or documents of title shall actually be received by the person making such loan or advance, without notice that such agent was not authorised to make such pledge or security, every such loan or advance shall be deemed and taken to be a loan or advance upon the security of such goods and merchandize or documents of title, within the meaning of this Act, though such goods and merchandize or documents of title shall not actually be received by the person making such loan or advance till the period subsequent thereto : and any contract or agreement whether made direct with such agent as aforesaid or with any clerk or other person on his behalf shall be deemed a contract or agreement with such agent ; and any payments made whether by money or bills of exchange or other negotiable security shall be deemed and taken to be an advance within the meaning of this Act; and an agent in possession as aforesaid of such goods and mer- chandize or documents shall be taken for the purposes of this Act to have been entrusted therewith by the owner thereof, unless the contrary can be shewn in evidence. Act not to VI. Provided alvays, and he it, cCr., That nothing herein respousi-* Contained shall lesson, vary, alter, or affect the civil respousi- Ajvent°to bts bility of an agent for any broach of duty or contract or non- principai. fulfilment of his orders or authority, in respect of any such contract, agreement, lien, or pledge {gage) as aforesaid. VII. [Agent guilty of misdemeanor in certain cases.] Act not t VIII. Provided alivaysy and he it, &c., That nothing impair tiie herein contained shall prevent such owner as aforesaid from rights of tho ^ ^ owner to haviuo; the ri * ^ " , liiliince from per.-on with whom any such coods and mevchandi/.e or dueu-tii"iii»'» «" ^ ^ o ^ whniu tht'y lacnts may have been pledged, or who s^hall have any such lion ^v.■r.• tlioreon as atoresaul, any balance or sum oi money remaininj^ in his hands as the produce of the sale of such _u;oods and iiiorchandize after deductini:; the amount of the lien of sudi person under such contract or agreement as aforesaid: I'ro- Proviio us ti. vidcd always, that in ease of the bankruptcy of any such agent, iiIrV-Hnu- the owner of the goods and merchandize which shall have been Aguut.' so redeemed by such owner as aforesaid shall, in respect of the sum paid by him on account of such Agent for such rcdemp- tiun, be held to have paid such sum for the use (jf such agent before his bankruptcy, or in case the goods and mercliandizo shall not be so redeemed, the owner shall be deemed a creditor of such agent for the value of the goods so pledged at the time of the pledge, and shall if he shall think (it, be entitled in cither of such cases to prove for or set off the sum so paid or the value of such goods and merchandize as the case may be. IX. And he it, (C'c, That in construing this Act, the word interpreta- '' person" shall be taken to designate a body corporate or company as well as an individual ; and that words in the singular number shall, when necessary to give effect to the intention of the said Act, important also the plural, anV.1 vice verm; and words used in tlie masculine gender shall, when rerjuired, be taken to apply to a female as well as a male; and that the words " goods and merchandize " shall be taken to include all personal property of whatever nature or kind soever, and the word " shipped " shall be taken to mean the carriage of goods, whether by land or by water. i iif ■n X. Provided alwai/s, and be if, dr., That nothing liorein Art not to eiK ig.s contained shall be construed to give validity to, or in any wise tLings' done i^m >{»'■ 138 Statutes of PRACTrcAL Utility. iKfore tho to affect any contract, agreement, lien, pledj^e, (qaae) or other thenof. act, UKittcr or thing made or done before the passing of this Act; Provided also, that nothing in this Act contained shall Nor to aiTcct be held to destroy or diminish any other right recourse or an.vri;rlit not i , , ..-i-i,-,--,-,, in. onsistiut remedy not contrary or repugnant to this Act which might be Act,' '"* CL.jrccd according to the Laws of Upper or Lower Canada. ft' Preanililo. 12 VICTORIA.— CHAP. 10. All Act fur putting a Legklatlve Interpretation %ipon certain terms used in Arts of Parllamrnt, and for rendering It nnnecessa?')/ to repeat certain provisions and expressions flirreui, and for ascertaining the date and commencement thereof and for other p)urprjses. [Passed 25tli April, 1819.] WiiKREAS it is desirable to avoid, by the establishment of some general rules for the interpretation of Acts of the Pro- vincial Parliament, the continual repetition therein of words phrases and clauses, which are rendered necessary solely by the wan* of such rules, and also to provide for the d:.te and coiumcncement of such Acts being known with certainty: Tiiat this Act shall be known, cited and referred Be It, 1 -r» • • 1 -ri 1- ply. sent feession or in any luture cession or the Provincial Parlia- ment, exce^v in so far as any such provision shall be inconsistei t With the intent and object of such Act, or the interpretation which such provision would give to any word, expression or clause shall be inconsistent with the context j and except in so far as this Act or any provision thereof shall in any such Act be declared not applicable thereto; nor shall the omission in any Act of a declaration that this Act shall apply thereto, be construed to prevent its so applying, although such express declaration may be inserted in some other Act or Acts of the same Session. Date of Royal H- And he It, (Oc, That the Clerk of the Legislative Assont, kc. to iiuy Act ^'^"^"''^''•to Council shall endorse on every Act of the Parliament of this 12 Yic, CiiAi'. 10. 130 Province which shall pass during the present and every future be indotsod Session thereof, immediately after the title of such Act, the to make part day, month and year when the same shall have been by the Governor of this Province assented to in Her Majesty's name, or reserved for the signification of Her Majesty's plcajsurc thereon, and in the latter case he shall also endorse thereon the day, month and year when the Governor of this Province shall have signified cither by speech or message to the Legis- lative Council and Assembly of this Province, or by Proclama- tion, that the same has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same ; and such indorsement shall be taken to be a part of this Act, and the date of such Assent or Signification, as the case may be, shall be the date of its commencement if no later commencement be therein provided. f^4 (J I- >. i3 '" M ■% III. And be it, etc., That any Act of the Parliament of this AnyAetnmy Province passed or to be passed during the present or during durinHhe any future Session thereof, may be amended, altered or repealed ^'^'"'^ '^^*^'™" by any Act to be passed in the same Session thereof; any law, usage or custom to the contrary notwithstanding. IV. And be if, &c., That the Governor, I.icutenant-Gover- Governor nor, or person administering the Government of this Province cessors in of- fer the time being, and His Successors, shall be and He and cwporation they are hereby declared to be a Corporation sole; and all"^'*^" bonds, recognizances, and other instruments now by law re- quired to be taken to Him in His public capacity, or which shall or may hereafter be required to be so taken, shall be taken to Him and His Successors by his name of office, and and shall and may be sued for and recovered by him and his Successors, the Governor, Lieutenant-Goverror, or person administering the Government of this Province for the time being, by His or Their name of office as such ; and the same shall not in any case go to or vest in the personal representa- tives of f)Uch Governor, Lieutenant-Governor, or person admi- nistering the Government of this Province during whose government thereof the same shall have been so taken. m. *i ■\-% ■ ) 140 Statutes of Practical Utility. How certain V. A7id he it, d'c, That in Gvery Act of the Parliament of IhaiTbe'con- this Provincc, passed or to be passod as aforesaid : strued. iierMojesty, FirstJj/. Thc words "Her Majesty/' "the Queen," or *^- " the Crown," shall mean Her Majesty, Her Heirs and Suc- cessors, Sovereigns of the United Kingdom of Great Britain and Ireland. Governor,*c. Sccoudl//. Tho words " Govemor," " Governor of this Pro- vince," "Governor-General," or " Governor in Chief," shall mean the Governor, Lieutenant-Governor, or person adminis- tering the government of this Province for the time being. Governor in Council. Tkinllij. The words " Governor in Council," shall mean the Governor, Lieutenant-Governor, or person administering the government of this I'rovince for the time being, acting by and with the advice of thc Executive Council thereof. Lower Cdna- FourtJiIi/. The words "Lower Canada," shall mean all that part of this Province which formerly constituted thc Province of Lower Canada. UpporCana- ^^fi^^^U- Thc words "Upper Canada," shall mean all that ^^- part of this Province which formerly constituted the Province of Upper Canada. „ , /S'ix^/iZy. The words "The United Kingdom," shall mean thc Couutriw, United Kingdom of Great Britain and Ireland ; and thc words places, SOCIO- " ' tiosortiiings«t]ie United States," shall mean the United States of Ame- rica; and generally, the name commonly applied to any country, place, body, corporation, society, oflicer, functionary, person, party or thing, shall mean such country, place, body, corporation, society, officer, functionary, person, party, or thing, although such name be not the formal and extended designation thereof. Sevcntlili/. Words imparting thc singular number or thc Singuisr masculinc gender only, shall include more persons, parties or number or ^" i . i i ^ p ^ n i miiMcuiino things of thc same kind than one, and temales as well as males, gender. ' . and thc converse. 12 Yic, CiiAr. 10. 141 'arliament of Eljhtli/. The word "person," shall iuclude any body cor- rerson. poratc or politic, or party, and the heirs, executors, adminis- trators or other legal representatives of such person, to whom the context can apply according to the law of that part of the Province to' which such context shall extend. md extended Ninthlij. The words "writing," "written," or any term of Writing, like import, shall include words printed, painted, engraved, lithographed, or otherwise traced or copied. TenOdi/. The words "now" or "next" shall be construed xow— next as having reference to the time immediately before the com-~ ®'""*^'"- mcncement of the Session in which the Act shall have been presented for the Royal Assent. . Ehvcntlihj. The word " month " shall mean a calendar nionth. Month. Tifdjtlihj. The word "holiday" shall include Sundays, Holiday. New Year's Day, the Epiphany, the Annunciation, Good Friday, the Ascension, Corpus Christi, St. Peter and St. Paul's Day, all Saints' Day, and Christmas Day, — and any day appointed by Proclamation for a General Fast or Thanksgiving. Thii-teenthli/. The word "oath" shall be construed asoath. 1 aning a solemn affirmation whenever the context shall be applied to any person and case by whom and in which a solemn affirmation may be made instead of an oath : and in every case \^herc an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power ministtr. and authority to administer the same and to certify its having been made; and the wilful making of any false statement in any such oath or affirmation, shall be wilful and corrupt perjury, p^^j^^^ ^^^^^ and the wilful making of any false statement in any declaration "'*'^''' *° ^ ir> J J perjury. re(|uired or authorised by any such iVct as aforesaid, shall be a misdemeanor punishable as wilful and corrupt perjury. Fourlcenthly. The words "Registrar" or "Register" in any r.o^^jstrar such Act, applying to the whole Province, shall mean and include indifferently both Registrars in Lower Canada and Registers in Upper Canada, and their Deputies, respectively. It '1- .trf 142 Statutes of Practical Utility. ■■ M Contraven- tion of Acts. Fifteenthhy. Any wilful contravention of any such act as aforesaid, which is not made any offence of some other kind, shall be a misdemeanor, and punishable accordingly. -•'P and forfei tures tiou*toIvhich Sixteentliljt/. Whenever any wilful contravention of any such a legal name Act shall be made an offence of any particular kind or name, is assigned. _ , . . the persop guilty of such contmvention shall, on conviction thereof, be punishable in the mci; ler in which such offence is by law punishable. Recoveryand Seventeenthli/. Whenever any pecuniary penalty or any ot penaitios forfeiture is imposed for any contravention of ^ ^y such Act as aforesaid, then if no other mode be prescribed lor the recovery thereof, such penalty or forfeiture shall be recoverable with coaia by civil action or proceeding at the suit of the Crown only, or of any private party suing as well for the Crown as for himself, in any form allowed in such case by the law of that part of the Province where it shall be brought, before any Court having jurisdiction to the amount of the penalty in cases of simple contract, upon the evidence of any one credible witness other than the Plaintiff or party interested ; and if no other provision be made for the appropriation of such penalty or forfeiture, one half thereof shall belong to the Crown, and the other half shall belong to the private Plaintiff, if any there be, and if there be none, the whole shall belong to the Crown. Monies ElrjlitccntUlif . Any duty, penalty, or sum of money, or the '/r theCrown P''^^^^^^ ^^ ^^'^ forfeiture, which shall by any such A';t as to make part aforesaid be given to the Crown, shall, if no other provisicu be ofCousoli- ^, ^ ' ' A dated Reve- made respecting it, form part of the Consolidated Revenue nuo Fund. . . Fund of this Province, and be accounted for and othe^'wisc dealt with accordingly. Monies ap- Ninctccnthly. If any sum of the public money be by any payable ard sucli Act as aforcsaid, appropriated for any purpose or directed for. '* to be paid by the Governor, then, if no other provision bo made respecting it, such sum shall be payable under Warrant of the Governor directed to the Receiver General, out of the Consolidated Revenue Fund of this Province, and the due cases in w ft" ' ( ich act as ithcr kind, 3f any sucli id or name, conviction ti offence is ^Ity or any siicli Act as :he recovery rerable with f the Crown Drown as for I law of that , before any nalty in cases one credible and if no luch penalty Crown, and if any there ) the Crown. oney, or the such A^'.t as provisicn be ed Revenue d othe^-wisc be by any |e or directed [provision be ]der Warrant „ out of the and the due 12 Vic, Chap. 10. 143 application thereof shall be accr.antcd for to Iler 3Iajcsty, through the Lords Commissioners of the Treasury for the time being, in such manner and form as Her Majesty shall direct . and all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form, with such vouchers, at such periods, and to such Officer as the Governor shall direct. Twentieth! f/. The word " 3lagistratc " shall mean a Justice >ia„istratp, of the Peace; the words "two Justices," shall mean two or"^"""'^*^^''^''" more Justices of the Peace, assembled or acting together; and if any thing bo directed to be dene by or before a Magistrate or a Justice of the Peace, or other Public Functionary or Oflficer, it shall be done by or before ono whose jurisdiction or powers extend to the place where such thing is to bo done : and whenever power is given to any person, Oilicev or Func- tionary to do or to enforce the doing of any act or thing, all such powers shall be underctood to be also given as shall be necessary to enable such person, Officer or Functionary to do or enforce the doing of such act or thing. Tii'crdy-firdlj. If in any such Act as aforesaid, any party ^^_^^ ^^ be directed to be imprisoned or committed to prison, such im- any act- prisonmcnt or committal shall, if no other place be mentioned, be in or to the common gaol of the locality in which the order for such imprisonment shall be made, or if therc^ be no com- mon gaol there, then in or to that common gaol which shall be nearest to such locality; and it shall be lawful for the keeper of any such common gaol, to receive such person, andimprison- him safely to keep and detain in such common gaol under his tentiou in custody until discharged in due course of Law, or bailed iu ^^° ' cases in which bail may by Law be taken. Tu-cnff/sccondlj/. Words authorizing the appointment ofpoworofap- any Public Officer or Functionary, or any Deputy, shall be include construed to include the power of removing him, re-appointing f,unh1b" ^^ liini or appointing another in his stead, in the discretion of the authority in whom the power of appointment is vested. Ki 4i m I'^Xf kn 144 Statutes of Practical Utility. r.ition. PiibiicOfflcor Trenty-thirilli/. Words directing or empowering a I'ublic bis Successor OfTjocr or Functionary to do any act or thing or otherwise ap- tpuy. piyijjg to him by his name of Office, shall include his Succes- sors in such Office, and his or their lawful Deputy. ,„ , Tit'entu-fourtlih/. Words makinf;- any association or number Words crca- '^ -^ "^ . , tins ii coii)(> of persons a corporate or body politic and corporate, shall be construed to vest in such corporation, power to sue and be sued, contract and be contracted with, by their corporate name, to have a common seal, and to alter or change the same at their pleasure, and to have perpetual tsiiccession, and power to ac- quire and hold personal property or moveables for the purposes for which the Corporation is constituted, and to alienate the same at pleasure; and also to vest in any majority of the members of the Corporation, the power to bind the others by their acts ; and also to exempt the individual members of the Corporation from personal liability for its debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them ; but it shall not be lawful for any Corporation to carry on the business cf banking unless v.hen such power shall be expressly conferrjd on them by the Act creating such Corporation. As to Bank' iuL'. Rights of the Crowu saved. Twcntij-fiftldy. No provision or enactment in any such Act, as aforesaid, shall affect or be construed to affect in any manner or way whatsoever, the rights of Her Majesty, Her Heirs or Successors, ^nless it be expressly stated therein that Her Majesty shall be bound thereby; nor the rights of any person And of other 0^ of any body politic, corporate or collegiate, such only cx- parties. ccptcd as are therein mentioned, unless such Act be a Public General Act. Power to amend an Act. Ticenfij-sixtMi/. Every such Act as aforesaid shall be so construed as to reserve to the Legislature the power of repealing or amending it, and of revoking, restricting, or modifying any power, privilege, or advantage thereby vested in or granted to any person or party, whenever such repeal, amendment, revo- cation, restriction, or modification shall be deemed by the Legislature to be required for the public good ; and unless it shall bi or to t discreti such p the am( such Bi plaining and ever remedial of any th public go wliich it accordin and intej cbject according TlCC7lft, exclude Rule of ( with this Construct before the been appl 12 Vic, Chap. 10. 145 ng a ruLlic :lierwise ap- his Succcs- n or number L-atc, sluiU be aucl be sued, ite name, to same at their power to ac- thc purposes ) alienate the ijority of the the others by jmbers of the or obligations visions of the awful for any o- unless Vthen m by the Act any such Act, in any manner Her Heirs or ein that Her of any person such only ex- ct be a Tublic id shall be so cr of repealing modifying any or granted to indment, revo- eemed by the and unless it shall be otherwise expressly provided in any Act already passed And if it be a or to be passed for chartering any Bank, it shall be in the discretion of the Legislature at any time thereafter to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such Bank, as may to them appear expedient. Ticcnfi/scventhlj/. If any such Act as aforesaid be declared Pubik Act. to be a Public Act, such declaration shall be construed as an enactment that such Act shall be judicially noticed by all Judges, Justices of the Peace and others without being specially pleaded : and every such Act which shall not, either by its nature or by express provision, be a Public Act, shall be Private Act. deemed a Private Act, and shall be judicially noticed only when specially pleaded; and all copies of any such Acts, public or private, printed by the Queen's Printer, shall be evidence of Printed such Acts and of their contents, and every copy purporting to ^cts? ^^ be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary b" shewn. Twenty-ciglithli/. The Preamble of every such Act as afore- preamble, said shall be deemed a part thereof intended to assist in ex- plaining the purport and object of the Act ; and every such Act ah Act.s re- and every provision or CDactment thereof, shall be deemed ™®*^'''" remedial, whether its immediate purport be to direct the doing of any thing which the Legislature may deem to be for the public good, or to prevent or punish the doing of any thing which it may deem contrary to the public good, and .shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act and of such provision or enactment, according to their true intent, meaning and spirit. Twcnty-ninthly. Nothing in ihis Act shall be construed to ^ ncation exclude the application to any such Act as aforesaid, of any °o,|g"ru' [-^n Rule of Construction applicable thereto, and not inconsistent '"l"'"^*'^'^'", ^ ^ ' not insenod with this Act, or to exclude the application of any llule of" ^^^s Act Construction in this Act to any A ct passed in any Session before the present, if without this Act such Rule would have been applicable thereto. L '% i ^ I ;-U, ,21 ■•a immmmmmtei. 146 Statutes of Practical Utility. Provisions TMrtkthhj. The provisions of this Act shall apply to the applicable to . '^ . / ■, n ^ ^ i • words, Ac, In construction thereof and of the words and expressions used this Act, - therein. This Act VI. And he it, &c., That this Act may be amended, altered s-nonded in or repealed by any Act to be passed in this present Session of this Session. ^^ ,. •' ^ j- ^ rarliament. for the duty o] a trans Preamble. Shares and Dividends of Stockholders in incorpora- ted Compa- nies held to bt personal ' property and liabl-! to be sei/'jd and soid under execution. Mode of pro-] (Oedins to such sale, &c. 12 VICTORIA.— CHAP. 23. All Act to provide for the Seizure and Sale of Shares in the Cavital Stock of Incorporated Companies. [Passed 30th May, 1849.] Whereas it is expedient to make better provision for the Seizure and Sale of Shares and Dividends of the Stockholders of all Incorporated Companic. : Be it, &c., That all Shares and Dividends of Stockholders in Incorporated Companies shall bo held, considered, and adjudged to be personal property, and shall be liable as such to hona fide creditors for debts, and may be attached, seized and sold under Writs of Execution issued out of any of Her Majesty's Courts in this Province, in like manner as other personal property may be sold under execution ; and that whenever any such shares shall have been sold under a Writ of Execution, the Sheriff, by whom such W^rit shall have been executed, shall, within ten days after such sale, serve upon such Incorporated Company, at some place where service of process upon such Company may be made, an Attested Copy of such Writ of Execution, with his Certificate endorsed thereon, certifying to whom the sale of the said Shares under the said Writ of Execution has been by him made, and the person or persons who shall have purchased such Share or Shares so sold under such Writ of Execution ; and the person or persons so purchasing shall thereafter be held and considered as Stockholder or Stockholders of the said Shares, and shall have the sciiue rights, and be under the same obligations as if he or they had purchased the said Shares from the proprietors thereof, in such form as may be by law provided III. shall ha-v legally transfers pjiny so Dividend fcuaii the made, su Dividend place, so the right; of a peric sion of n was made business place. 12 Vic, Chap. 23. 147 for the transfer of Stock iu such Company ; and it shall be the duty of the proper OflScer of the Company to enter such sale as a transfer in the manner by law provided. II. And he it, &c., That it shall be the duty of the Sheriff sheriff to ' , , •' , serve a fopy to whom any such Writ of Execution, as aforesaid, shall bec-fthoWnt addressed, on being informed on behalf of the PlaintiflF that i>any, with the Defendant has Stock in any Incorporated Company, and seizure, that such Sheriff is required to seize such Stock, forthwith to serve a copy of such Writ on such Company, with a notice that all the Shares which the Defendant may have in the Stock of such Company are seized accordingly ; and from the time of such service no transfer of such Stock by the Defendant shall be ^ °sfer ° be valid, unless or until the said seizure shall be discharged ; u^nderseizuro and every such seizure, and any sale made under the same, aei^se*iunf shall include all Dividends, Premiums, Bonuses, or other p^j'.^j^^^g*^ pecuniary profits upon the Shares seized, which shall not after ^'^' such notice as aforesaid, bd paid by such Company to any party, except the party to -SThom the Shares shall be sold by the Sheriff, unless and until the seizure be discharged, on pain of paying the same twice. III. Provided always, and he it, Ac, That if the Company provision for shall have more than one place where service of process inay{^Qc"^p*'/j,y legally be made upon them, and there be some place where 1'^^^"^^™°''® transfers of Stock may be notified to and entered by the Com- ^grvLror^ pany so as to be valid as regards the Company, or where any |'J"?^f,y j^*^ Dividends or Profits as aforesaid, on Stock may be paid, other j*^*^ "PO"^ t!iau the place where service of such notice shall have been made, such notice shall not affect any transfer or payment of Dividends or Profits duly made and entered at any such other place, so as to subject the Company to pay twice, or to affect the rights of any bona fide purchaser, until after the expiration of a period from the time of service sufficient for the transmis- sion of notice of such service by Post from the place where it was made to such other place, which notice it shall be the business of the Company to transmit by Post to such other place. ■A ■m ■\\ ^;^m '■!j^J;- (iT T 148 Statutes of Practical Utility. Sharoi de- TV. And hc it, cCr., That the Shares in the Stock of any pw!fr!" Canada, which shall be called "The Court of Common Pleas,"' an?ju?ge8* ^"^ *^^ ^''^^^^ ^"^^^^^ ^^^^^ ^^ holdcu at the City of Toronto, and shall be aud constitute a Court of Common Law, and shall together with every Judge thereof, have, use, and exercise all the rights, incidents, and privileges of a Court of Record, or a Judge of the Court of Record, and all other rights, incidents, and privileges, as fully to all intents and purposes as the same arc used, exercised, and enjoyed by any of Her Majesty's Superior Courts of Common Law or Judges at Westminster. Court to con- ^^- -^'^^^ ^^ ^'^ ^'^-J ^^^^^ *^^ ^^^^ Court shall be presided Justice and^^^^^^ by a Chief Justice and two Puisne Justices, any one or jud ^es^^^ more of whom, in the absence of the other or others of them Who ma I ^^^ lawfully liold the said Court : And that it shall and may apjioiutud. \fQ lawful for Her Majesty to appoint by Letters Patent under the Great Seal of this Province, one person being a Barrister of at least ten j^ears' standing in Upper Canada to be Chief Justice of the said Court, and two persons being Barristers of 12 Vic, Chap. G3. 151 not less than ten years* standing in Upper Canada to bo Puisne Judjros thereof, and iVuui time to time to supply any vacancy in the number of the said Judges ; and the Chief Justice of the said Court of Common IMeas shall have rank pr«re,i?nce it and precedence next to the Chancellor of Upper Canada, and'^"'^'^''''' tlie I'uisnc Judges of the Superior Courts of Common Law and Equity in Upper Canada shall have rank and precedence as between themselves according to seniority of appointment to their respective otlices. III. And whereas in an Act of the Par.iaraont of the late RorltJil. Province of Upper Canada, passed in the se 'cnth year of the lleign of Ilis late Majesty King William the Fourth, intituled. An Act tu Increase, the present numher of JiuJjcs of Ilk Majcsfys Court of Ktur/^ Jioidi in this Province, to alter the terras of sitting of the said Court, and for other jnoyjoscs therein mentioned, it is recited, that an addition to the number uf the Judges of the said Court had become indispensable owing to the great increase of population and the formation of new Districts; And whereas two additional Judges were appointed under the said Act : And whereas it appears that ^ct of u. c. tlic business of the said Court of Queen's Bench may be '^ ^^' '*' '^* ^• effectually performed l>y a Chief Justice and two Puisne Judges, in consequence of the er».ction of the Court of Common Pleas hereby established and the erection of an efficient Court of Appeal as hereinafter provided: Be it, ct-c, That notwith-„ ^^^ standing any thing in the said last recited Act contained, tlie '»• tf consist !^ J o J liereaftur of ii said Court of Queen's Bench shall from and after the passin"rt;i''*'f'iwsti(c ^ ^ and two of this Act, be presided over by a Chief Justice and two Puisne I'uisno . *^ Judges. Justices ; and it shall and may be lawful for Her Majesty to transfer such two of the Puisne Justices of the said Court of Queen's Bench as to Her Majesty may seem meet from the said Court of Queen's Bench to the said Court of Common Pleas, and by Letters Patent under the Great Seal of this Two of the Province to appoint such two Puisne Justices of the said Court .judj,'os of q. ' of Queen's Bench to be Justices of the said Court of Common transfom'd Pleas, to which appointment such two Justices of the saidofap.^°"'^ Court of Queen's Bench are hereby declared entitled. 152 Statutes op Practical Utility. Tenure of of- iV. A7id he it, &c., That the Judges to be appointed under v5?ion°forT^ tliis Act shall hold their offices during their good behaviour : ™°ls on..* h Provided always, that it may be lawful for the Governor, ].ed^bturo.*I^iGutenant-Governor, or person administering the Government of this Province, to remove any Judge or Judges of the said Court upon the address of both Houses of the Provincial Par- liament; and in case any Judge so removed shall think himself aggrieved theroby, it shall and may be lawful for him within six months to appeal to Her Majesty in Her Privy Council, Aiipcai given and such a motiou shall not be final until determined by Her Majesty in Her Privy Council. V. [Salaries of Justices of C. P.] VI. [Annuity to Justices.] .Tndg.-s .ii> VII. And he it, &c.. That every Judge to be appointed dortiiisAct in pursuance of this Act, shall, previous to his executing the ciith of oflico. duties of his office, take the following oath : "I, , do solemnly and sincerely promise and swear, that The oath. I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in (as Chief Justice or one of the Puisne Judges) of the Court of Common Pleas. So help me God." ^fQ„ ^^mijj. AVhich said oath shall be administered to the Chief Justice of istered. i^\^Q ^^\^ Court bcforc the Governor, Lieutenant-Governor, or person administering the Government of this Province in Council, and to the Puisne Judges of the said Court, in open Court, in presence of the Chief Justice thereof llecital. VIII. And whereas it is desirable that the jurisdiction, practice, and mode of proceeding of the said Court of Common Pleas should be similar to the jurisdiction, practice, and course Jurisdiction of proceeding of the said Court of Queen's Bench : Be it, dr.. and powers . of and mode That the Said Court of Common Picas may and shall hold plea of proceeding ^ ... the court in in all and all manner of actions, causes, or suits, as well crimiiuil ofCl*. tobo . . . . . .... tiio same rs as civil^ arising, happening, or being within the said late Pro- of ^i.B. vince of Upper Canada; and may and shall proceed in such be appointed 12 Vic, Chap. 63. 153 actions, causes, or suits, by such process and course as is now used, or is by this Act directed to bo used in the said Court of Queen's Bench, save only that all AVrits and proceedings shall be styled in the said Court of Common Pleas; and the said Court of Common Pleas may and shall hear and determine alljurio?. matters of Law, and shall also hear ahd, by and with an inquest of good and lawful men, determine all issues of flict that may be joined in any such action, cause, or suit as afore- said, and judgment thereon give, and execution thereof award, in as full and ample a manner as can or may be done in Ilcr Majesty's said Court of Queen's Bench: And the same iuris-i'aws.ordem, . . 1 . ■ . . Ac, applica- diction, powers, authorities, and privileges exercised and ''i*^' to u. h. enjoyed by the said Court of Queen's Bench, or by the Judges c. v. untn it thereof, shall be exercised and enjoyed by the said Court ofriovidca. Common Pleas, and by the Judges thereof respectively : And all laws, orders, and authorities touching the practice and manner of proceeding in the said Court of Queen's Bench, shall be in force and applicable to the said Court of Common Pleas until otherwise provided by rule of the said Court. IX. And he it, iix., That the Chief Justices and Judges of Jud^osoftho the said Courts of Queen's Bench and Common Pleas shall sit siun rota- in rotation, or otherwise, as they shall agree amongst themselves, slonas'tT'' and every Judge of either Court, to whatever Court he may may'be dono belong, shall be, and ho is accordingly hereby authorized to jy^gg"^'*^ transact such business at Chambers or elsewhere, depending in pea7to"thT either of such Courts, as may according to the course f^nd j.ll^'^^""'"'^ practice of the said Courts be transacted by a single Judge : Provided always, that nothing herein contained shall be con- strued to deprive any party interested of the right to appeal to the full Court in which the matter brought before such single Judge may be depending, for the purpose of having the deci- sion of such Judge rescinded or altered, as fully as such right is now enjoyed according to the practice of the Court of Queen's Bench. X. And whereas by the said Act of the Legislature of the YiQcHei.. late Province of LTpper Canada, passed in the seventh year of the Ileign of Ilis late Majesty King William the Fourth, inti- ■ 'I 154 Statutes or Practical Utility. Aptofu.c.7 tuled, An Act to incrcas^e the present numhcr of Judqes of w. IV. c. 1. ,. ... His 3faJ<;.utic8 to take no f'.'o or I'liiolu- niL-nt for themselves, except their saluries. Fees, dues, (fee. received by them to lu'lung to tlie I'roviuce. 156 Statutes of Practical Utility. and shall bo accounted for to Her Majesty, Ilor Heirs and Successors through the Lords Commissioners of Her Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct. Accounts fo XV. And he it, (br... That the said Clerks of the Crown bd rendbred ' ' ^ (luarti-riy by and Plcas, in each of the said Courts respectively, shall, on tlio said ' . . , clerks. the four quarterly days hereinbefore mentioned, make up and render to the Inspector General of Public Accounts of this Province, a true Account in writing of all the fees, dues, emo- luments, perquisites and profits received by or on account of the said Officers respectively, in such form and with such par- ticulars as the said Inspector General shall from time to time How attest- require; which said Accounts shall be signed by the Officer rendering the same, and shall be declared before one of the Money to bo Judgcs of tlic Court to which he belongs ; and such Officers paid over, respectively shall, within ten days after the rendering of such Account pay over the amount of all such fees, dues, emolu- ments, perquisites and profits to the Receiver General of this Province, and if default shall be made in sucii payment, the amount due by the Officer making such default shall be deemed a specialty debt to Her Majesty. Deputy- XVI. A7id he it, dr., That the Clerks of the County Courts render ac- jn Upper Canada, acting as the Deputies of the Clerks of the in like'mau- Crown and Pleas in the said several Courts of Queer's Bench and Common Pleas, shall make up and render to the Inspector General of this Province the like Accounts, in like manner^ and at the same periods hereinbefore appointed for the said Clerks of the Crown and Pleas respectively, which said How attest- Accounts shall bo signed by the Officer rendering the same, ^^' and shall be declared before the Judge, of the County Court Money to bo ^'^ which he belongs ; and every such Officer shall, within ten paid over, ^jj^yg r^ftg^ ^\yQ rendering such Account, pay over the amount of all fees, dues, emoluments, perquisites and profits received by him as such Deputy Clerk of the Crown to the Kcceiver General of this Province, and if default shall be made in such payment, the amount duo by the Officer making such default shall be deemed a specialty debt to Her Majesty. 12 Vic, Chap. (jS. 157 XVII. [Special provision for case of C. C- Small.} XVIII. [Statute 8 Vic, c. 1-4, repealed.] XIX. And he it, ctc.^ That so soon as this Act shall come Terms of into force, the times and tcrm^ of sittings of the said Courts u. and c. r. of Queen's Bench and Common Picas in Upper Canada, shall '^''P'^'" be as follows, that is to say : Hilary Term shall begin on the first Monday in February and end on the Saturday of the ensuing week : Easter Term shall begin on the first Monday in June and end on the Saturday of the ensuing week ,* Tri- nity Term .shall begin on the last Monday in August and end on the Saturday of the ensuing week ; and Michaelmas Term sholl begin on the third Monday in November and end on the Saturday of the ensuing week. I XX. to [ [Repealed by 19 Vic, c 43,1 XXVIII. j ^ XXIX. And he it, &c., That it shall and may be lawful toj„dgpsto and for the Judges of the said Courts and they are required t!!? camhi'? from time to time to make all such general rules and orders for e|j-^c^''^ ^°^° the effectual execution of this Act, and of the intention and object hereof, and for fixing the costs to be allowed for and in respect of the matters herein contained, and the performance thereof, as in their judgment shall be deemed necessary or proper, and for that purpose to meet as soon as conveniently may be after the passing hereof. XXX. and [Repealed by 19 Vic, c 43] XXXII. J.nd he it, &c.. That it shall and may be lawful to judges mny and for the Judges of each of the Courts from time to time to for'the?'' ^ I con- make such rules and orders for the government and conduct of [J|^'j,*,|!'J!j^j the Ministers and Ofiicers of their respective Courts, in and "helj.'^courts. relating to the distribution and performance of the duties and business to be done and performed i\ the execution of this Act, as such Judges may think fit and reasonable : Provided proviso. 1 1;^ I: ■ if 'i " m I: '11 t, ^ ll - M '■.—'f!tr 158 Statutes of Practical Utility. always, that no additional cliargo be thereby imposed on the suitors. XXXIII and [ [Rcpealedby 19 Vic, c. 43.] ^A.A.i V . Rcdtai. XXXV. Afid iL'liercas it is expedient to authorize and Judges of the require the Judjiies of the several County Courts in Upper County ^ , 1 -, . , • . „ Courts to Canada, to make orders in relation to certain matters of as to certaia practice in cascs depending in the Superior Courts of Com- rases mon Law, which may be conveniently disposed of in the suifeiior^ ^'^ several Counties: Be it, &c., That it shall and may be lawful °" *' for the plaintiff or defendant in any suit depending in the Superior Courts of Common Law in Upper Canada, to make (C. L. p. A., application for time to plead, reply, or rejoin, for particulars of isoc, s. 141.) jgj^^j^j^^ and set off, and for summonses and orders to cora- putCy to the Judge of the County Court for the County in which the suit is brought, or the venue laid j and the Judge of such County Court is hereby authorized and required to hear and determine such applications and to grant such summonses, to impose such terms, and make such orders as are granted imposed and made in like cases by a Judge of the Superior Courts of Common Law sitting in Chambers; „ , , Provided always, that the provisions of this clause shall not Proviso as to •'^ ' _ ^ suits in the apply to any suit wherein the venue is laid in the County of York; or Yoi'k, or in any suit wherein the Attorney foi the defendant, where the .' "^ -, n ■, ii4 r parties reside or in casc of two or morc defendants where the Attorney for Counties, &c. any one or more of them resides in a County different froia that in which the Attorney for the Plaintiff, or if he prosecutes in person the Plaintiff, resides : Provided also, that either party interested may appeal from any such order to the Court in which the action is pending, or to one of the Judges of the Superior Courts at Chambers, and such Court or Judge may affirm, reverse or modify such order, or make such other order upon the subject matter of appeal, and the proceedings had Proviso'as to thcrcon, and with or without costs, as to such Court or Judge to judV°of may seem meet ; Provided also, that nothing herein contained Court"^"^"""^ shall prevent any party from making any such application in Proviso : Appeal Queen Pleas, shall of Tore ■^^ench sii >sccl on the itliorize and ts in Upper matters of irts of Com- i of in the lay be lawful iding in tlie ada, to make particulars of vdcrs to com- ic County in id tliG Judge d required to p srrant sucli 3 such orders )y a Judge of in Chambers; luse shall not ;he County of le defendant, Attorney for different fro:ii :' he prosecutes 0, that either : to the Court Judges of the Dr Judge may ch other order oceedings had ourt or Judge arein contained application in 9 Victoria, Chap. 56. 159 the first instance, according to the practice of the Superior Courts of Common Law, instead of to the Judccc of the County Court. XXXVI. [Repealed by 19 Vic, c. 43.] XXXVII. And tohereas by an Act passed in the thirty- Rodtai. fourth year of the Reign of Ilis late Majesty King George thoActofu.c. Third, intituled. An Act to estallUh a Superior Court o/J.^^?"*' "^■' Cloll and Criminal Jurisdiction, and to regulate the Court of Appeal, a tribunal was established for determing all appeals from such judgments or sentences of His Majesty's Court of King's Bench thereby established, as might be lawfully brought before it; and whereas by an Act passed in the ^^J.^*' ^j^^- seventh year of the Reign of His late Majesty King William'^- 2- the Fourth, intituled. An Act to establish a Court of Chancery in this Province, Appeals are permitted to the said Court of Appeals from the judgments and decrees of the said Court of Chancery; and whereas the appellate tribunal thus established^ has been found unsatisfactory: Be it, dr., That the thirty-so&aoofai third, thirty-fourth, thirty-fifth and thirty-sixth clauses of the -', andseo. io said Act in this clause first above recited, and the sixteenth wm. iv., c. and seventeenth clauses of the Act in this clause secondly above recited, be, and the same are hereby, from the time this Act takes effect, repealed. 2, rcpeaU p. Coil-* of XXXVIII. And le it, dc. That there be constituted and established, and there is hereby constituted and established, a^"'- f^^ ' •' ' Appeal con- Court of Judicature in that part of this Province formerly ^t'^i't'-'*^- called Upper-Canada, which shall be called the " Court of Error and Appeal." XXXIX. And be it, t&c, That the said Court of Error and of what Appeal shall be composed of the Judges of the said Court of ^'jll'^couirt Queen's Bench, and the Judges of the said Court of Common '^"^^ <=""«'«*• Pleas, and the Judges of the said Court of Chancery, who ^('(."1^°*^ shall sit together at a place certain, that is to say, at the City ^y,,^ ^.j^^^jj of Toronto ; and the Chief Justice of the said Court of Queen's iT^'^J^ie- Bench, for the time being, shall preside in the said Court of !?■ ■- i ^■ "^ ■! •"■ :..''a»- ; '■-■w ?:^''.?-:^'"'¥''^Tt;«»' Saam^ i- ; IB^K-*" |H>- ' ■ . ,?^4 f T^ 1C2 Statutes of Practical Utility. And regu liito costs. Proviso : to what Huch ruK'S may or Jud(?efl to Judges of the Court of Appeal, at any time within two years ai ruicH and from the time when this Act shall take effect, to make all such General Rules and Orders as to them may seem expedient for the purpose of adapting the said Court of Appeal to the fir- cumstances of this Province, as well in regard to the Writs of Error or other Process by which Appeals should be com- menced, the form and mode of suing out such Process, as in respect to the practice and proceedings of the said Court; and also to regulate the allowance and amount of costs, and from time to time to make other rules and orders, amending, iilterinc; or rescinding the same : Provided always, that no such rules or orders shall have the effect of altering the principles or rules uwy not ex- of dccision of the said Court, or any of them, or of abridging; tend. . . ^ J ; on or affecting the right of any party to such remedy as before (Kuic'scon- the passing of this Act might have been obtained in the Court i:! A 14 Vic, of Appeal hereby abolished, but may in all respects extend the manner of obtaining such remedy by regulating the prac- tice of the said Court in whatever way may to them seem expedient for better attaining the ends of justice ) and all such Rules, Orders or Regulations shall be laid before both Houses of the Provincial Parliament, if then in Session, immediately upon the making of the same, or if the Parliament be not then in Session, then within five days after the meeting there- of; and no such Rule, Order or regulation shall have effect until six weeks after the same shall have been so laid before both Houses of the Legislature; and any rule or order so made, shall, from and after such time aforesaid, be binding and obligatory on the said Court, and all other Courts in the said Province of Upper Canada to which the same shall be made expressly to extend. jVosentr.is.'S XLII. And hc if, cOc, That all appeals which at the time t"anstrtrwi of the passiug of tliis Act, shall be depending in the said couw.^' Court of Appeal hereby abolished, shall be by force of this Act, transferred with all the proceedings thereon to the said Court of Error and Appeal hereby established, there to be car- ried on and prosecuted and dealt with, and decided according to the practice of the said Court of Appeal, in the same man- ner in every respect as if such suits and matters had been Pvules to be laid beforo the Provin- (;iftl Parlia- luuut. When to have eiiect. 12 Vic, Ciur. G3. 103 orii:^inally commenced in the said Court of Error and Appeal, hereby established. XLIII. And he it, <{r., That the Registrar of the Court ofRoRistrarof Chancery in Upper Canada, shall ex ojficio be Clerk of the chiinopry to said Court of Error and Appeal, and that the like sums and tL^aiurt of fees payable and receivable in the said Court of Appeal hereby"'''""'" abolished, shall be payable and receivable by the like persons in the Court of Error and Appeal hereby established in respect of any matters in the said Court ; but the said Clerk of the Court of Appeal shall not be entitled to take for his own use ^^^ ^^ ^^^„ or benefit, directly or indirectly, any fee or emolument whatso-y^^y^*^]|'g ever, save the salary to which he shall be entitled as Registrar of the said Court of Chancery ; and that all fees, dues, emolu- ments, perquisites and profits received by or on account of the said Registrar, as Clerk of the Court of Appeal, shall form part of the Consolidated Revenue Fund of this Province, and J'^'f' *f' ♦*' '■ ' belong to tlie shall be accounted for to Her Majesty, ITer Heirs and Succes- I'rovince. sors, through the Lords Commissioners of Her Treasury, for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall appoint. XLIV. And he it, d'c, That the said Clerk of the Court of The clerk to Error and Appeal shall, on the four quarterly days herein- quarterly to before mentioned, iiiake up and render to the Inspector Gene.to'raen^^. ral of Public Accounts in this Province, a true Account in writing, of all the fees, dues, emoluments, perquisites and profits received by or on account of the said office of Clerk of the Court of Error and Appeal, in such form, and with such particulars as the said Inspector General shall from time to time require j which said Accounts shall be signed by the said Accounts Clerk of the Court of Error and Appeal, and shall be declared before one of the Judges of the said Court : and the said ne shall p»y Clerk of the Court of Error and Appeal shall, within ten days urmoney" after the rendering of such Account, pay over the amount of '° ^ '^°'^*- all such dues, f3es, emoluments, perquisites and profits, to the Receiver General of this Province, and if default shall be made in such payment, the amount due by the said Clerk of the Court of Error and Appeal shall be deemed a specialty - debt to Her Majesty. .] T 164 Who may firactico in the Court of Appuul. Proviso M to Attornius, &c., now admitted. Judgment to be final in certain coses, in others an appeal to lie to II. M. in Council. Proviso : Security to be given on such appeal. Proviao : Statutes of Practical Utility. XLV. And be it, <(t., That every Attorney and Solicitor admitted to pracl'ce in the said Court of Queen's Bench, or in the said Court of Common Pleas, or in the Court of Chancery in Upper Canada, shall be permitted and have full power to practice in the said other Court or Courts, upon such Attorney or Solicitor being sworn in and enrolled as an Attorney or Solicitor of such other Court or Courts : and the said Courts arc hereby authorized upon the production of his certificate of admission to swear in and enrol any such Attorney or Solicitor as aforesaid, and upon the payment of Five shillings: Pro- vided always, that every Attorney and Solicitor already admit- ted to practice in the said Court of Queen's Bench or in the Court of Chancery in Upper Canada at the time this Act shall come into force, shall be entitled to have his name inserted on the roll of Attornies of the said Court of Common Pleas gratis, upon filing a written request for the same in the oftic ; of the Clerk of such Court, and all such Solicitors in Chan- cery, shall in like manner be entitled to have their names inserted on the roll of Attornies of the said Court of Queen's Bench on filing a like request. XLVI. And be it, &c, That the judgment of the said Court of Error and Appeal shall be final in all cases where the matter in controversy shall not exceed the sum or value of Om thousand pounds, but in cases exceeding that amount, as well as in all cases where the matter in question shall relate to the taking of any annual or other rent, customary or other duty, or fee, or any other such like demand of a general and public na- ture aflfecting future rights, of what value or amount soever the same may be, an Appeal may lie to Her Majesty, in Her Privy Council : Provided always, that no such Appeal shall be allowed until the party appellant shall have given proper security to the extent of Five hundred pounds, to the satisfac- tion of the Court from whose order he is about to appeal, that he will effectually prosecute the appeal and pay such costs and damages as shall be awarded in case the judgment or decree appealed from shall be affirmed, and that upon the perfecting such security, execution shall be stayed in the original cause : Provided always, that the provisions of the first, second, third, 12 Vic, Chap. 03. 105 3nt of the said fourth and fifth Provisos in the Fortiotli Clause of this Act Certain pro- coiitiiincd, shall be in force and apply \o the Appeal hereby wot ion 40of , , , , . n y . , 1 .1 *»''« Act, to granted, and the completion ot the security hereby required apply to huc1» shall not have the effect of staying execution in the original cause, in the different cases excepted out of the said Fortieth Clause, unless the provisions in the said Provisos contained shall have been complied with. XLVII. And he it, dx., That in all cases where appeals As to appeaiH now lie or shall be hereafter appointed to lie from any District or county courts or County Courts to the Court of Queen's Bench, such appeals shall and may at the option of the appellant bo appealed to and prosecuted in like manner in the said Court of Common Pleas. XLVIII. And he it, d-c. That the Court of Common Pleas Court of c. shall have power to appoint Commissioners for taking affidavits p<^int com- aiid recognizances of 13ail in the said Court of Common Pleas for taking iu the like manner as is now done by the Court of Queen's &c.;Vheir Bench, and with the like powers, and all such Commissioners p"^""* appointed or to be appointed by either Court shall have full power to act in matters depending in the other to all intents as if such Commissioner had been appointed thereby, and in all matters depending in the District Courts, and in all other mat- ters whatsoever. And that any affidavit sworn before or re- cognizance of Bail taken by any such Commissioner appointed under the authority of this Act shall be as valid and effectual as if taken before a Commissioner for taking affidavits in the Court of Queeii's Bench in any District in Upper Canada. XLIX. And he it, dx.. That this Act maybe amended, Act may be alt» ed or repealed, during the present Session. twHesBion. L. And he if, &c., That this Act shall come into force oncommence- the first day of January next, or at such earlier day as shall "ct^ ° be appointed for that purpose by Proclamation under the Great Seal of this Province. [Schedule superseded by C. L. P. A., 1850.] W?*^i;y rrfj: 166 Statutes of Practical Utility. 12 "VICTORIA— CHAP. GO. An Act to amend and extend the provisions of the Act of (his Province, intitnledf An Act to amend, consolidate an>i reduce into one Act the several laics now in force, cstah- lisliing or regulating the 2^ fact ice of the District Courts in the several Districts of that part of this Province formerlij Upper Canada. [Passed 30tli May, 1849.] Whereas it is advisable to make further provision regulatin^r the practice of the several District Courts ia Upper Canada : and 8 and 25 _Be it, d'c. That the seventh, eighth, and twenty-fifth clauses of8Vic. c. 13 . _, -« o 1 ^ ^ repealed, of 8 Victoria, Chapter Id, be, and the same are hereby Proviso ns to repealed : Provided always, that the repeal of tho said before the"" scvcnth, eighth and twenty-fifth clauses shall not in any wise tofa Act." affect or inva'idate any act, proceeding, matter or thing what- ever that may have heretofore been had, issued, made, done or entered into, but the same shall be and remain as valid and effectual to all intents and purposes as if this Act had not been passed. Preaniblo. Soctiong 7 Recital of doubts. J Attorneys and Members of tbe Legisla- tive Council or Assembly may be sued in the same mmner as other per- ilous. [Repealed by 19 & 20 Yic, c. 00.] V. And whereas doubts have arisen respecting the juris- diction of the said Courts in actions against Attorneys and Members of the Legislative Assembly and Legislative Council of this Province, and the mode of proceeding in such actions therein : Be it, &c., that from and after the passing of this Act, it shall be lawful for any person or party having a cause of action within the jurisdiction of the said District Courts against an Attorney or Attorneys of the said Court of Queen's Bench, or any Member of the Legislative Assembly or of the Legislative Council of this Province, to commence and prose- cute to .Judgment and Execution any action for the recovery thereof in the said District Courts without filing a bill, and in the same manner and b}^ the like process as against any otl cr Defendant, any custom or privilege to the contrary uotwith- 12 Vic, Chap. GG. 107 standing ; and if in any such action the Defendant shall plead any privilege in abatement thereto, the PlaintifF shall and may , bo at liberty to treat such plea as a nullity and to sign judgment as for a want of a plea : Provided that nothing in j,^^,^;^,,.,^ ,, this Act contained shall subject any person to arrest who by l-,^TL'!l.""' reason of any privilege, usage or otherwise, may now by law be exempt therefrom. VI. And he it, (Cr., That the several Judges of the said <^'''"^"'" ' ' ~ powers District Courts shall have and may exercise the like power in '•'"''•■it''! <•" vacation to issue summonses and make orders in all matters of-''"'-'*''" vacatiiiii. practice arising i*i suits in the same Courts respectively, as arc exercised in vacUion by the Judges of the Court of Queen's Bench in Upper Canada in matters of practice arising in the said last mentioned Court. ,1 . ' tl VII And he it, &c., That it was and is the intention and True intent true meaning of the fiftieth section of the Act aforesaid, thatoftim all recognizances of bail taken in any of the said DUtn'ct dtciami, as Courts might and may be entered of record in the Court in /'nm-s of" which the suit shall have been or shall be instituted, and that action of debt or scire facias should and shall lie thereupon in the said District Courts as in similar cases in the Court of Queen's Bench, whatever may have been or shall be the amount recovered or for which the bail therein mentioned may have been or shall be liable. VIII. And lohcrcas doubts have arisen whether the statins; and claiming of the difterent sums in the several counts of a declaration upon causes of action within the jurisdiction of the District Courts, amounting in the aggregate to a sum beyond the jurisdiction thereof, is not demurrable, notwithstanding the damages at the conclusion are laid at a sum within the jurisdiction, and it is desirable that such a course of pro- ceeding should be declared legal : Be it, &c., that although the sums mentioned or claimed in the different Counts of any declaration heretofore or hereafter to be filed in the said Courts shall or may in the aggregate exceed the jurisdiction of the said District Courts, yet that no such declaration or any Doulits rucited. Di'miiiror. fi(\. lint allowed iH'fllUSe the total of til.- sniii.B inoii- tioncit In 'lilT.'ioiit, Courts ('\-- 'ords the jiiri'i''.ii'tioii of the Court . l^ '*'! if 168 Proviso. Proviso. I'loviso. Statutes of Practical Utility. subsequent pleading, on that ground, shall be subject to any objection either by demurrer or otherwise : Provided that in any such declaration, the damages laid at the conclusion thereof shall not exceed the jurisdiction of the said Courts : Provided also, and it is hereby further enacted, that no declaration or pleading after declaration shall be filed or delivered in any action in the said District Courts, between the first day of July and the twenty-first day of August, in each and every year : and Provided further, that the party shall in every defended case be entitled to the same number of days, after the said twenty-first day of August, to plead or answer any pleading filed or delivered before the first day of July, to which he would have been entitled after the day last aforesaid if this Act had not been passed. Proviso. wiKit form IX. Aiid he it, &c., That from and after the passing; of this of veJtiVc it. , .,. IT-.. shaH be Act, it shall not be necessary in any case, in the said District siiiUfiunt to ^ , ' ^ ^ r 11 • Hiiter upon (Jourts, to cutcr any other venire than the lollowing upon the record, that is to say : Therefore the Sheriff {or Coroner, as the case mag he) is (or are) commanded that he (o?* 'hey) cause to come before Esquire, Judge of our saif' Jourt, at the next sitting thereof for trials and assessments, at the Court House in , in the said District, on Tuesda?/, the day of , in the year of our Lord one thousand eight hundred and , a Jury to try the said issue, (or assess the damages, as the case mat/ he). Provided, that when there are issues in law and also in fact, or upon any assessment of damages, the above venire may be altered and adapted to the particular case. X. And he it, dr.. That in addition to the powers conferred upon the said District Courts by the forty third Section of the said hereinbefore mentioned Act, it shall be lawful for the said Courts to entertain applications and at their discretion to make orders for Judgment nan ohdante veredicto, according to the course and practice of the said Court of Queen's ]3ench, and that an appeal under the provisions of the fifty-sevcntli section of the aforesaid Act may be had to the said Court of Queen's Bench from the said District Courts upon any Certain additional powers conforrod on the District .TudKoa, in addition to tiiose in sec. 43 of the amendeil Act. (Seo C. L. P. A., IHOO, B. ■-•17, tt si'ij ) 11 12 Vic, Chap. GG. ' IGO decision or motion for Judgment iio)i oli.^tnntc veredicto, and Appeal also for tne reception of improper evidence or the impropcrsfction:.;. rejection of evidence, upon which shall be allowed the same costs and charges as are allowed for any other proceeding under the fifty-seventh section. XI. And he if, c£r., That in case any party shall be desirous SnspciKion ', ' _ _ J 1 J o(' I'niccfil- of appealing against the decision of the Jud'je upon any i".^;^'^ii matter provided for in the fifty-seventh section of the said iiitcntini to Act, it shall be the duty of the Judge, at the request of the party intending to appeal, his Attorney or Counsel, to stay the proceedings for any time not exceeding four days, so as to aiFord the party appealing, time to execute and perfect the Bond required by the said section. XII. And he if, d'c., That from and after the passing ofci'rksnf this -'^^ each and every Clerk of any such Disfritt C^ourt, and cmrts ana the Deputy Clerk of the Crown in each Disfvicf, shall hold hiscicrkn'oftho office in the Court House, or in some other convenient place ki-epthwr within the DlMrvt Town of his respective Disfricf, and shall ci./t'iin keep such office open for the transaction of business per- J',;'!,J'nt''" taining to such office on everyday (Sundays and the legal i;',^,*^" holy-days excepted) from the hour of ten in the forenoon to the hour of three in the afternoon, and in term time from the hour of nine of the clock in the morning to the hour of four . We command you (or as before or often we have commanded ^infanli you) that within eight d;i}s after the service of this Writ on fj^'^'VAto you, inclusive of the day of such service, you do cause an ap- ^^'^^ ^'^^■^ 170 Statutes of Practica:. UrtLTTi'. pcaiMiicc* to Ijo entered for you iu Our Diat^ict T'o ;rt of tlio District of , at , in un action ou proiiilscs (^or as the case may be) at the suit of A. 13. And take notice that in default of so doing the said A. 1). may cause an appearance to be entered for you, and to proceed thereon to judgment and execution. Witness (^nanie of Jadyc) at (place iclicre Coir.-t sits') tliis day of Clerk's name. Mcm'iraivhnii to l,c iiiih.-^cri/jfd on the Writ. (■ »!'»» estate, rij^ht, title, interest and properly, and the Equity of shi'iiir: oui. 'f^' . , , , Kiitionsof llcdeniption of such Mortgagor, in tlie lands or tenements so thciiuntia- seized or taken in execution, sold and conveyed at the time ot placing such Writ in the hands of the Sheriff or other Officer to whom the same is directed as well as at the time of such sale and to give to and vest in such purchaser or purchasers, and the heirs and assigns of such purchaser or purchasers, the same advantages, benefits, rights, privileges and powers as such 3Iortgagor could or would have had, enjoyed or exercised if such sale had not taken place; and that such purchaser or purchasers of the interest of such IMortgagor, or the heirs or assigns of such purchaser or purchasers may pay, remove or satisfy, or cause or procure to be paid, removed or satisfied any mortgage or mortgages, charge or charges, or lien or liens, which at the time of such sale lawfully or equitably existed upon the lands or tenements so sold, in like manner as such Mortgagor or IMortgagors against w^hom such Writ of Fieri Facias was issued, might, or could pay, remove or satisfy such mortgage or mortgages, charge or charges, or lien or liens; and that upon such payment, removal and satisfaction thereof being effected by such purchaser or purchasers, or the heirs and assigns of such purchaser or purchasers, such purchaser or purchasers and the heirs and assigns of such purchaser or pur- chasers, shall talvc, have, hold, possess and enjoy the same estate, right, title, interest, property, benefit and advantage which such Mortgagor or Mortgagors against wh in such Writ 0? Fieri Facias was issued, might or would have taken, had, held, possessed and enjoyed in case such payment, removal or satisfaction had been effected by such Mortgagor or Mortga- gors, and on payment of the mortgage money to the Mortgagee i;i,:ri)t;w,fth.! by the purchaser, the Mortgagee, his heirs, or assigns shall, if I'uniiiisHr rc(|uired, give to such purchaser or the heirs or assigns of such ^Ht'iMnouey purchaser, at his or their cost and charges, a certificate of pay- o'rt'iii'-ate'of meut or satisfaction of such mortgage or of the performance of ip."''"'^''""' the condition of the same, which may be in the form and to the effect of the Schedule to this Act marked A, and which certificate shall be of the like effect, and shall be acted upon :i T- 172 Statutes of Practical Utility. by Rcpjistrars and others, to the same extent as if the same had been given to the Mortgagor his heirs, executors, administra- tors or assigns. II [. And he it, cjDc, That any 3Iortgagee or Mortgagees of Mortpa;^eo may pur- chase the tiic lauds and tenements so sold, or of any part thereof, or the lands mort- ' •' ^ ' _ gaged to him heirs or assigns of such Mortgagee or Mortgagees, (being, or not being, Plaintiff or Plaintiffs, Defendant or Defendants in the Judgment whereon the Writ of Fieri Facias on which such sale shall take place, was issued) may be the purchaser or purchasers at such sale, and shall and may take, have, hold, possess and enjoy th'^ same estate, title, property, benefits, ad- vantages, rights, privileges and powers as such purchaser or purchasers as any other purchaser or purchasers not interested in the lands or tenements so sold, as Mortgagee or Mortgagees: Rhttii rei.'Hso Provided always, that if the Mortgagee of the said premises gags debt, shall become the purchaser thereof, he shall, give to the Mort- gagor a lease of the debt, for the payment of which the mort- gage may be given : and if any other person shall become such any^Ther'^ purchaser, and the Mortgagee shall enforce payment against .^i"!.*!!.'!.^!* '^^ the Mortgagor of the debt to secure which the mortirage was given, then such purchaser shall be compelled to repay the said debt and interest to the Mortgagor, and in default of such payment, within one calendar month after the same is de- manded, the Mortgagor may sue such person in any Court of competent jurisdiction, and recover the amount of such debt and interest, in an action either of debt or assumpsit for money . had and received, and until the said debt and interest, if re- covered from or paid by the said Mortgagor after such sale, shall be repaid to him, the same shall be a charge upon the premises so mortgaged and sold. Intf'.proLi- tion cluuse. E I IV. And he it, &c., That where words occur in this Act, iiuporting the singular number or the masculine gender only, they sliall be understood to include more than one person, mat- ter or thing of the same kind, as well as one person, matter or thing, and females as well as males, unless it be otherwise ex- pressly provided ; and when it would be consistent and recon- cilable with the intent and meaning of this Act; wherever any ♦■••■'i 12 Yic, CiiAP. 74, 173 person is described, it shall be held to apply to such person, his heirs, executors, administrators or assiijiis; and this Act Act to ex- shall extend to Upper Canada only : and all other words, terms u. c. or phrases shall receive such fair and liberal construction as shall bo best adapted to carry out this Act according to its true intent and meaning. SCHEDULE A Above referred to. The Registrar of the County of I, A. B. of do certify that C. D. of who hath become the purchaser of the interest of E. F. of hath satisfied all money due upon a certain Mortgage made by the said E. F. to me bearing date the day of , one thousand eight hundred and , - of the clock in the forenoon, (as the case day of in the same year (or as the and registered at - may be) of the — case may be) and that such 3Iortgage is therefore discharged. As witness my hand, this day of 18 (Signed,) A. B. E. II. of G. H. of AVitnesses. 'is 12 VICTORIA.— CIIAP. 74. An Act requiring Mort(jagcs of Personal Projicrti/ In U^ypcr Canada to he fhd. [Passed SOtli May, 18-10.] Br it, (be. That every jMortgace or (Conveyance intended to„ , operate as a Mortirasie of Goods and Chattels made after the p<'rs"nai . '■ ^ . . . property m passing of this Act, in Upper Canada, which shall not be ac-uppyr companied by an immediate delivery and be iullowcd by an made after actual and continued change of possession of the things mort- of this Act to gaged, shall be absolutely void as against the creditors of the less nie'd mortgagor, and as against subseciuont purchasers and mortga- directed, gees in good faith, unless the 3Iortgage or Conveyance or a ^ true copy thereof, together with an affidavit of a witness>ic., c. o-2) thereto sworn before a Commissioner of the Queen's ]3ench, of the due execution of the 3Iortgage or Conveyance, or of the due execution of the Mortgage or Conveyance of which the ^!l 174 Statutes op Practical Utility. copy to be filed purports to be Ji copy, shall be filed as directed in the succeeding section of this Act. Such Mort- II. And he iff &c., That the instruments mentioned in the rikMUn offl?e preceding section shall be filed in the Oflice of the Clerk of the County " District Court of the District where the mortgagor therein, if ^^ ' a resident in Upper Canada, shall reside at the time of the ex- ecution thereof, and if not a resident, then in the Office of the Clerk of the District Court of the District where the property so mortgaged shall be at the time of the execution of such in- strument; and such Clerks are hereby required to file all such instruments aforesaid presented to them respectively for that purpose, and to endorse thereon the time of receiving the same, and shall deposit the same in their respective Offices to be kept there for the inspection of all persons interested. And opon to inspection. Copy of Hi. And he it, S.X., That every Mortgage or copy thereof mortgiiKe to . ' '. •' . . bo tiled again filed in pursuancc of this Act, shall cease to be valid as against one year i t « i i • i • i (ifttir first the creditors ol the person makinir the same or airainst subse- quent purchasers or mortgagees in good tailh alter the expira- tion of one year from the filing thereof, unless within thirty days next preceding the expiration of the said term of one year, a true copy of such Mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by virtue thereof, shall be again filed in the Office of the Clerk of the said District Court. IV. And he it, d:c., That a copy of any such original mstru- mortgaK^s ii^^nt or of any copy thereof so filed as aforesaid, including any cerdiicate of Statement made in pursuance of this Act, certified by the CIci'k evidence of ^'^ whosc Officc the Same shall be filed, shall be received sudi tiling, jji evidence, but only of the fact that such instrument or copy and instrument was received and filed according to the endorse- ment of the Clerk thereon and of no other fact; and in all cases the original endorsement by the Clerk made in pursuance of this Act upon such instrument or copy, shall be received in evidence only of the facts stated in such endorseuicnt. Clerks of the V. And. he if, (C'C, That the Clerks of the Courts aforesaid said Courts • i i i ■ i • i t<.) number shall respcctivciv numbcr every such instrument or copy which 12 Vic, CnAr. 77. 175 shall bo filed in their Offices, and shall enter in books, to beinptrumcnts provided by them, alphabetically, the names of all the parties to them, Ac. such instruments, with the number endorsed thereon opposite to each name, which entry shall be repeated alphabetically un- der the name of every party thereto. VI. And he it, &c., That this Act shall not apply to Mort- This Act T.ot gapres of vessels registered under the provisions of an Act mortgage of pa?sed in the eight year of Her Majesty's Reign, and intituled, re^iRtered An Act to secure the rijlit q/ prnpcrti/ in Jintish I fanfafion c.b. Vessels navigatinrf the inland waters of this Province, and, not registered under the Act of the Tmpcrial Parliament of the United Kingdom, jmssed in the third and fourth years of the Reign of Ilis late Majesty King William the Fourth, intituled, An Act for the registering of ' British Vessels,' and to facil- itate transfers *of the same, and to pre'-"nt the fraudulent assignment of any piroperty in such Vessels. VII. And he it, ii''-.. That for services under this Act, thcvecs allowed Clerks aforesaid shall be entitled to receive the following fees : lejristeri'nf;"'^ for filing each instrument and affidavit, and entering the same ""^"^'°'**'''''"' in a book as aforesaid, one shilling and three pence ; for searching for each paper, six pence; and for copies of any documents filed under this Act, six pence for every hundred words. Kiwt>i 12 VICTORIA— CHAP 77. ..In Act to authorize the Judges of the Superior Courts of Record in Upper Canada to appoint Commissioners fjr taking affi.davits in Lower Canada. [Passed 30th May, 1849.] Whereas it is desirable that the Judges of the Superior preambi" Courts of Record in Upper Canada, should have power to ap- point Commissioners for taking Affidavits in Lower Canada : CSeel2Vic. c. Be it,&c., That it shall and may be lawful for the Chief es, s. 8.) Justice and any one of the Justices of the Court of Queen's Bench ill Upper Canada for the time being, or in the event of i T7 tp- n 17G Statutes of I'ractical Utility. the (loath or absence from the Province of the Chief Justice ComminMon- f^jj. ([^q i[h^q bcint', foT any two of the Justices of the said ers nmy l>o o' ^ ^ appoint.'d in Court for the time bein'', by one or more commission or com- Caii!i(i;i for missions under the seal of the said Court, from time to time to rtH'f'ivinL? Hividavits to empower what and as many persons as they shall think fit and the Court ia ncccssary in J^ower Canada, to take and receive all and every cla'ada such affidavit or affidavits as any person or persons shall bo willing and desirous to make before any of the persons so em- powered, in or concerning any cause, matter or thing depend- ing, or hereafter to be depending, or in any wise concerning any of the proceedings to be had in the said Court of Queen's }5ench, or in any other Court of Law of Record in Upper Canada ; which said affidavits taken as aforesaid shall be tiled KffoRt of am- in the Office of the said Courts respectively, and there be read d.ivits taken n • ^ • i /-i • i n • before such and made use ot in the said Courts respectively, to all intents era. and purposes as other affidavits taken in the said Courts re- spectively ought to be ; and that all and every affidavit and af- fidavits taken as aforesaid, shall be of the same force as affidavits taken in the said Courts respectively shall and may be. Proof of exc- H. And he if, d'c, That proof of the execution of any deed, deedT&c, will or probato thereof^ or memorial of the same in Lower "forc^suJh" Canada, may be made before any of the Commissioners to be m.rs™''**"^ appointed under the authority of this Act, in the same manner as such proof may now by law be made before the Cliicf Justice or Judge of any Court of Queen's Bench in Lower Canada, and all Registers of Counties in Upper Canada shall enregister such deeds, wills, probates and memorials upon the execution thereof being so proven. Commission- HI. A7id he it, (fcc. That the Chief Justice and Justices of me'nuumor the Court of Coiv.mon Pleas in Upper Canada shall have the for 1:110 cour't Same powcr and authority to appoint such Commissioners as of Common Their powerF. are hereby given to the Chief Justice and Justices of the Court of Queen's Bench and the Commissioners to be so ap- pointed by the said Chief Justice and other Justices of the Court of Common Pleas shall have the same power and authority, and the affidavits made before them shall have the IL Provin other 12 Vic, Chap. 78. In same force aiul effect in all respects as those made before any of the Commissioners to be appointed by the said Chief Justice and other Justices of tlu; Court of Queen's Bench. IV. And he it, tOc, That all and every person or persons PuniKiiDU'iit forswearing him, her or themselves in any affidavit or affidavits swrarhu'" to br made before any of the said Commissioners appointed or '^*''^' to be appointed under the authority of this Act, shall incur and be liable under the same pains and penalties as if such affidavit or afHdavits had been made and taken in open Court. 12 VICTORIA.—CIIAP. 78. An Act for ahoUshing the Territorial Division of Upper Canada into Districts, and for providing for icmporar)/ Unions of Counties for Judicial and other purposes, and for the future Dissolutions of such Unions, as the increase of %ocalth and population may require. [Passed 30th May 1849.] Whereas by reason of the sub-division of Districts in that prcamM.-. part of this Province callc 1 Upper Canada, the boundaries thereof have, in many cases, become identical with the boundaries of Counties, and there being no longer any suffici- ent reason for continuing such territorial division in that part of the Province, it is expedient to abolish the same, and, following in this particular the Mother Country, to retain only the name of County as a territorial division for Judicial as well as all other purposes, providing at the same time for temporary Unions of Counties for judicial and other purposes, (?oc it aio and the future dissolution of such Unions as the increase of wealth and population may from time require : Be it, dx., That this Act shall come into and be in operation upon, from, commence- and after the first day of January, in the year of our Lord, one Act! thousand eight hundred and fifty. I. ABOLITION OP DISTRICT DIVISIONS. II. And he it, »7, v^*" ^ ^.w- IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 I.I 1.25 1^12^ 12.5 ^ U^ III 2.0 1.4 1.8 1.6 V] <^ ^;. '(^1 y ^ Photographic Sciences Corporation 23 WEST MAIN STRf ET WEBSTER, N.Y. 14580 (716) 872-4503 L1>' ,\ \\ '9> V ... "^ O^ >^ ^ f/. i 178 Statutes op Practical Utility. District Courts, Ac, to bi'como l^uuty Courts, ractice and decisions of certain of those Courts. [Passed 10th August, 1850.] Whereas the Judges of Her Majesty's Court of Error and Preamble. Appeal for Upper Canada have, under 12 Vic. c. 63, made cer- tain rules, orders and regulations respecting the practice of the said Court, and the costs to be allowed in the same, and the same have been laid before both Houses of the Provincial Parliament in the present Session thereof, being the Session during which such rules, orders and regulations were made : And whereas by the said Act it is provided, that no such rule, order or regulation shall have eiFect until six weeks after the same shall have been laid before both Houses of the Legislature ; to remove there- fore all doubts as to the force and effect of such rules, orders and regulations, in case Parliament should be prorogued before the expiration of the said term of six weeks. Be it, d'c, That the said rules, orders and regulations, so made by the said i '■iS ■11, 182 Statutes of Practical Utility. Rules to Judjrcs, shall have the like eiFcct from the expiration of six have effect a / i ^ after six wccks from thc fifth day of July in the present year, as if the 5th July, Provincial Parliament had remained in Session until after the expiration of that period. II. [Judges made Visitors of Law^ Socieiics.] .Judges of III. And he it, &c., That any time wherein Iler Majesty's Courts of Superior Courts of Common Law at Toronto, may by law sit rontomay in Banc, it shall and may be lawful for any one Judj^e of sit apart dur- i, •• ^ ■ • tt /• i • i i ing Term for either of such Courts to Sit in Banc, apart from his brethren, 1 either while they are actually so sitting, or while their sittings within such time shall be suspended or adjourned; and every such Judge so sitting apart ia Banc, as aforesaid, shall have all the same powers and authority as belong to, or may hereafter be vested in either of such Courts touching or concerning, or in any way relating to the business of adding or justifying bail, discharging insolvent debtors, administering oaths and hear- ings and determining matters on motion, and making rules and orders in causes and business depending in either of the said Courts, in the same manner and with the same force, validity and efiect, as might be done by the Court in which such causes or business shall be respectively depending. Who shall ^^- ^'^^ ^'^ ^'^' *^^^-' ^^^*' *^^ Clerk of the Judges' Cham- ^8;9^«»"'^ t? bers at Osgoode Hall, shall perform the duties of Clerk of such Judge Bitting ^ ; r apart. Court, 30 far as such duties apply to the business transacted before such Judge so sitting apart in Banc, as aforesaid. Court. Judgeaof ^- -^'*^ ^^ ^'^; <^^-j That it shall be lawful for any of the Itchambm Ju<^ges of either of Her Majesty's said Superior Courts of Tbufinesr Comiuon Law at Toronto sitting at Chambers, to hear, deter- fnthe^ot"her ^^^^ ^^^ disposc of any busiucss depending in the Court of which he is not a member, as fully and effectually to all intents and purposes whatsoever, as if he were a Judge of such Court : subject always, nevertheless, to such proceedings by the Court in which the same shall be pending, for the reversing, setting aside, or confirming what may be so done by such Judge in the same manner in the like cases, and to the like extent as if 13 & U Vjc, Chap. 52. the same had been so done by one of the Judges of the Court ill which tlie same shall be so pending as aforesaid at his Chambers. VI. ■) to )■ Inclusive, [llopealed by 1^^ Vic., c. 128.1 XI. ) 18:; 13 Sc U VICTORIA.— CHAP. 52. An Art to alter and Amend the Act regulating the practice of the County Courts in Ippcr Canada, and to extend the jurisdiction thereof. [Passed 10th August, 1850.] AViiEREAS it is expedient to alter and amend the Act reiru-rr.ambie. luting the Practice of the .^'veral County Courts in Upper Canada, and to extend the Jurisdiction thereof: Be it, &c, That for and notwithstanding any thing contained in the fifth or County'" sec. of 8 Vic. c. 13, the said County Courts respectively shall s'^Yc.Tilr' hold plea of all causes or suits relating to dtht, covenant, o'' rsic i9 i jc contract, to the amount of fifty pounds ; and in cases of debt org ooj''"' contract, where the amount is ascertained by the signature of the defendant, to one hundred pounds, and also in all matters of tort relating to personal chattels, where the damages shall not exceed the sura of thirty pounds, and where the title to land shall not be brought in question : Provided always, that any ^^^^j^^. ^^^ plaintiff having a cause of action within the iurisdiction of the p*'""'''"" ''"«" I '^ ^ ^ ... Courts to County Court, may institute and carry on such action in either i'^^''/^""^''"'- . , rcnt.inrisdic- of Her Majesty's Superior Courts of Common Law in Upper tjon with (Canada, and proceed to judgment and execution therein, butcomts. such plaintiff or defendant, and all persons and officers entitled to costs and fees therein, shall only be allowed and recover the Vw ill', c. '.'I usual costs and disbursenients which would be allowable in As to costs case the said action had been instituted and carried on in the p.rs must w County Court; any thing in the fifty-ninth section of the Actdoised, .vi-. above cited to the contrary notwithstanding : Provided that in order to designate the proceedings in any such action, as being one also cognizable by the County Courts, all the papers and proceedings filed, issued or u.sed in the said Superior Courts, shall be endorsed with the words '•' Inferior Jurisdiction," in 1 184 St.itutes op Practical Utility. order to rej^ulate the costs, fees, and disbursements tlioroiii, of all persons entitled to make or receive any charge therefor, II. Aiid be it, &c.y That all writs of summons sued out of, and all declarations or other pleadings filed in any action or Ac'., miy 1)0 HyrvL'il ill • '.'uniyin proceeding in any County Court, or notices required to he • ppor '"''»■ j.(,j.yg J jjj gmj]^ action or proceeding, may be served in any County in Upper Canada, and the defendant shall appear and plead thereto within the peeiods respectively limited and re- quired by law, in the same manner as if such defendant had been served with such summons, declaration, notice or other proceeding in the County in which such suit was instituted, and all subsequent proceedings in the cause shall be carried on thereafter to final judgment and execution, according to the practice of the County Courts. Writs ;(;:ain9t .r>io(lM or landH, Ac, may be issued into any County in Upper Ca^ niida, Jiic. III. And be if, &c., That wiits of subpoena and writs of exe- cution against goods and chattels, lands and tenements, and also all process against the person when authorized by law, ard all rules on the Sheriff and other rules. Judges' orders and proceedings maybe issued from the County Court in which any judgment has already been or hereafter may be entered up, or action brought into any other County in Upper Canada and seived and executed there, and all such writs, rules, orders and proceedings shall be of equal force and efiect, and as binding as if the same had issued from the Court or by the Judge of the County to or into which they shall be so issued, and all subsequent proceedings thereupon shall be carried on in the Court in which the judgment shall have been entered up or action brought. IV. [Repealed by 19 & 20 Tie. c. 90.] I' «: V .Judges of ^' -^^^^ ^^ '^^y ^^'-'•■> ^^^^* every Judge of a County Court in oouaty Upper Canada, in ail cases in which the suit is broutrht or Courts may sr r ' n arrant sum- yenue laid in his County, may grant summonses and mahe mouses and _ ''' . make orders ordcvs to comx)ute iu all suits deDcndinjr in the Superior Courts to compute. ^ ^ . S'.oC. r,. 1'. of Common Law in Upper Canada, in the same manner and in .^ 141.] ' the like cases as the Judges of the said Superior Courts sitting 13 & 14 Vic, Chap. 53. iu Cliimibcrs may now do, whether the defendants in such suits icsidc within his County or not. VI. [Coninicnccmcnt of Act Ist January, 1851.] 185 13 & 14 VICTORIA.— CHAP. 53. An Act to amend und consolidate the several Acts now in force, regulatinj the Practice of Division Courts i.i ippcr Canada f and to extend the jurisdiction thereof [Passed lOtli August, IS-'tO.] LXXVIII. And he it, dv-., That in case any action sliall be as to costs prosecuted after the commenccnicnt of this Act, in any County pij,'|n','iir or Superior Court of Record, for any cause wliich might have j'jj*'glj[["?,j. been entered in a Division Court under this Act, and the [^]""''^,^^.^j;"^' Plaintiff shall obtain iud-nnent for a sura not exccedinjr the^''^^^ *" «' ~ ^ have been rospective sums to which the iurisdiction of a Division Court I^":"""'*' '" '* r •> Division is by this Act limited, no more costs shall be taxed amiinst thc^'""'*i''^ •^ ' . ... vidcd tor. Defendant than would have been incurred in the I)ivisio!i Court in carrying on the same action, unless the Judge who presides at the trial of such action shall certify in open Court iiiiincdiate^y after the verdict is recorded, that it was a lit cause to be withdrawn from the Division Court, and to bo com- menced in ?uch County or iSupevior 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, taxable and which would have been incurred in the Division Court in defen^Hng the same action, shall be set off aiid allowed by the taxing officer, on entering judgmeiit, against the costs to be taxed for the plaintiff and recoverable from the defendant, who shall be entitled to execution, with the costs *hcreof, against the plaintiff", when the amount of the costs so set oft' shall exceed the plaintiff's verdict and taxable costs: And provided also, tl at 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. iTOTlS;). !> ^ 18G Statutes of PiiArTicAL Utilitv. ]ii r.Ttiiin discs suits may bo I'l'inoved hy cerli'irari. LXXXV. And he it, cCr., That any suit broujj;lit in any Division (\)urt liolJiMi niuler tliis A(;t may be removed or re- njovoable from tlie .said Court into Her IMajcsty's Court of Queen's IJench, or Court of Common Pleas in Upper Canada, by any writ of rcrfioran', provided the debt or damairc claimed shall amount to tea pounds and upwards, and provided leave be obtained of one of the Judges of the said Court of Queen's Bench, or Court of Common Pleas, in eases which shall appear to the said Judt^o fit to be tried in either of the said Superior Courts, and not otherv^ise, and upon such terms ar to payment of costs or such other terms as he shall think fit. Precepts to tic issTifd, ami by whom. 11- CAP. LV. All Act for ilie consolidation and amendment of the Laira relative to Jurors, Juries and Inquests in that part nf fhi< Province called Upper Cimada. [Passed 10th August, 1850.] VI. — JURY PROCESS. XXIX. And he it, ch:., That the Judges, Justices and others to whom the holding of any Sittings or Sessions of Assize, Nisi J^rius, Oyer and Terminer, Gaol Delivery, Ses- sions of the Peace, or County Court, shall by law belong, or some one or more of such Judges, Justices or others shall for that purpose issue precepts to the Sheriif or other proper Officer or Minister for the return of a competent number of Grand Jurors, where such shall be icquisite for such Sittings or Sessions, and of a competent number of Petit Jurors for the tri.il of such issues of fact in cases criminal or civil as it may be competent to such Petit Juries to try at such Sittings or Sessions accordiniz; to law. XXX. And he it, <7 tlifir fdrm. may bo after tho Coinnii.ssluii, or other day uj)on which the Jurors to be returned, upon sucli precepts, arc to be summoned to attend, sliall, or maybe known, and where such day is fixed by law, then as soon as conveniently may be after the close of tho last precedin-:; Sittings or Sessions of the same Court : proviso: Frovided always, that it shall and may be lawful for the ShcriR'S',n"ty to return the same panels to the precepts, for tho return of Ij""'*.."''!'! panels of Tctit Jurors for the Sittitius or Sessions of the! 'i;! "''""' Peace, and for the Sittings or Sessions of the County Court, in all cases where the day for holding such respective Sittings or Sessions shall bo the same. XXXI. And be it, dr., That every "Writ of iriii re facias writs or jurafurcs, where such Writ may by law be necessary for the ahv,:';.. trial of any issue whatsoever, whether civil or criminal, or on any penal Statute, in any of the 'ourts of Upper Canada here- inbefore mentioned, shall direct the Sheriff or other Officer or Minister to whom the same shall be directed, to return twelve good and lawful men of the body of his Bailiwick, qualified according to law, and the rest of the AVrit shall proceed in the accustomed form. And that every precept to be issued for the return of Jurors for Sittings or Sessions of Assize, A7s/'rf'^"'^pts. Frills, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, or County Court, shall in like manner direct the Sheriff or other Ofl&cer or Minister to whom the same may be directed, to return a competent number of good and lawful men of the body of his Bailiwick, qualified according to law, and shall not require the same to be returned from any Hundred or Township, or from any particular venue within such Bailiwick and that the want of Ilundredors shall be no cause of cha!. lenge j any law, custom or usage to the contrary notwithstand- And of m ' 'I ing. XXXII. And he it, tCv;., That except in trials at Bar, tho pato of teste Writ of venire facias Jurafores, where such Writ may by LaWofjur'y "'" be necessary, may be tested on the day on which the same p™™^^' shall issue, and be made returnable on any day in Term or vacation, and that except iu trials at Bar, the Writ of distrin- gis jnraiores and habeas coriwra may be tested either on the ? ■ : ■ If 1 I 3 11 188 Statutes of riiACTicAL Utility. return clay of the venire or on any suLsfifjuont day in Torni or vacation j as well after as before or on the Commission day (.f the Assizes at which the cau.«cs in which they may be sued out nhall be intended to be tried, and all such process may be sued out of the ofiicc of the Deputy Clerk of the Crown and I'lcas in the County, as well as out of the principal office at Toru;ito. wtaf must XXXIII. And he it. (fr., That in any Writ o^ JKifinm be insertid . 7 . . in writs of corpora jiu'fitoruni or > ^ jury may try the part of the Queen, or any other party, it shall be la vvful several for the Court to try any issue with the same Jury that shall have previously tried, or been drawn to try any other issue without their names being returned to the box or urn, and re- causes. :'f ! 'i„ 102 Statutes or Practical Utility. drawn or to order the name or names of any man or men in such Jury, whom botli parties may consent to withdraw or who may be justly challenged or excused by the Court to be set aside, and another name or other names, to be drawn from the box or urn, and to try the issue with the residue of such origi- nal Jury, and with such man or men, whose name or names shall be so drawn, and who shall appear and be approved as indifferent, and so totics quoties as long as any issue remains to be tried. VIII. — SPECIAL JURIES. Either party XXXIX. And he it, (tc. That it shall be in the power of may demand ,, . t. i t»i • i-rr t\ /> a special Her Majcsty, or any prosecutor, lielator, rlaintm, or JDeien- in^ascs^of ^ dant, and of any Defendant or Tenant in any case whatsoever, fdony. whether civil or criminal or on any Penal Statute, excepting only on Indictment for Treason or Felony, to have the issues joined in any such cases and triable by a Jury, tried by a Special Jury to be struck as hereinafter provided upon suing out the necessary Jury Process for that purpose, and procur- ing such Special Jury to be struck and duly summoned for the day on which the trial of such case is to be hn any of the former and any of the latter involving one or more of any of such questions without the consent of parties ; and in suits between any other persons involving one or more questions of scientific consideratiou, with the consent of the parties to such last mentioned suits, to order and direct any such cause to be tried by a Special Jury cf men belonging to the appropriate kind or kinds of business as aforesaid, or of scientific men respectively, as the case may be : Provided always that every such Rule not n.ade with the consent of parties, shall be made only upon a rule to shew cause or summons upon which the adverse party shall have had the usual opportunity of being heard t^s in other oases. Ijedaf ** XLVI. And he it, &c., That in eveiy Eule for striking any be struck"" ^^^^ Special Jury as is provided for in the last preceding eHsors. section of this Act, it shall be ordered that such Special Jury shall be struck, and the names of such Special Jury certified to the SherifiF by three Elisors to be appointed in writing by endorsement upon such Rule, one by the Plaintiff in such cause, his Attorney or Agent, another by the Defendant, his Attorney or Agent, and the third by the Clerk of the Crown and Pleas of the Court in which the erase shall be pending, or in case of such Elisors disagreeing then by the majority of such Elisors, all three being present, and that the Sheriff shall return and summon upon the venire facias in such cause, such persons as such Elisors, or the majority of them, shall certify to him as having been struck as Special Jurors for the trial of the same. And the indorsement to return a Special Indorsement t xi . /• . • i i n i- i. on ventre Jury on the venire jacias in every such cause, shall direct !, shall direct 13 & 14 Vic, Chap. 55. 197 the Sheriff to return a Special Jury of men of the appropriate kind or kinds of business as aforesaid, or of scientitic men, as the case may be, pursu: nt to such certificate as he may receive from the Elisors (naming them), or a majority of them in that behalf appointed by such llule. XLVII. And he if, dy\, That every such Special Jury as is Mode of provided for by the forty-fifth section of this Act, shall besJchJury struck in the I'ollowing manner, that is to say: the three ^*^"°"' Elisors or a majority of them, upon the delivery to them of a copy of the llule for such Special Jury, and of the venire facias for the return of such Jury, shall, at the request of either of the parties in such cause, make an appointment in writing of a day, hour and place for striking such Special Jury as by the forty-third section of this Act is provided with respect to other Special Juries. And upon notice of such ^^'^^°'^^ *<* appointment being served upon the opposite party, and such service proved as in the same section is provided with respect to such other special Juries, the siaid Elisors shall, at the time and place so appointed and after waiting the time prescribed by the said forty-third section, proceed io make a list of the names and additions of all such persons whose names shall appear on any of the Jurors' llolls for the year in which such venire facias is returnable, who shall in their judgment come within the description of persons required to be struck on such Jury according to the exigency of such Kule. And if thereiftharebe shall not be forty of such persons to be found upon such Rolls proper ^ or either of them, then the said Elisors, or the majority of thrroUs"'^ them, if they shall know of a sufficient number of persons answering such description within the county, or union of counties, whether such persons shall be otherwise qualified and liable to serve, or exempt from serving as Jurors or not, pro- vided they be not persons disqualified from any of the causes set forth in the tenth section of this Act, or cither of them, shall add the names and additions of a sufficient number of such per- sons to such list to complete the same to forty names. And if jf there be there shall be the names of more than forty of such persons on ^^^'[^ *''"" euch llolls, the said Elisors, or the majority of them, from the "I '^■m Am 198 Statutes op Practical Utility. r^. Reducing Liat. ElisorR to certify six- teen Jurors; who shall be summoned accordingly. And Jury taken from them. Same special Jury may by consent try any number of causes. Proviso; in favour of Jurors having served once. As to fees and costs of trial by names of all persons on such Rolls who shall answer such description, shall, in the manner prescribed by the forty-third section of this Act, for the strikino- other Special Juries, select forty of such names. And the list of such forty names beinjjj thus completed, the same shall be reduced in the same manner as hereinbefore by the said forty-third section is provided with respect to such other Special Juries. And the said Elisors shall thereupon give a certificate to each of the parties to such suit, their Attorney or Agent, certifying the names anu additions of the sixteen persons whose names shall remain upon such list ; and the Sheriff or other Officer or Minister to whom such venire facias shall be directed, shall, upon receipt of either of such certificates, return and summon such sixteen persons upon such venire facias accordingly, and from these sixteen persons so returned, shall be selected a jury to try such cause, in the same way and under and subject to the like restrictions as by the said forty-third section of this Act is enactet! with respect to other Special Juries ; Provided a;wa3's, that every such person so struck on any such Special Jury shall be liable to serve on the same although exempted from serving upon Juries by the general provisions of the fifth, sixth and seventh sections of this Act as hereinbefore provided. XL VIII. And he it, cfr.. That nothin?^ herein contained shall be construed to prevent the same Spv oial Jury, however nominated, from being summoned and returned, to try any number of causes so as the parties in everj- such cause or their Attorneys shall have signified their assent in writing to the SheriflF or other Officer or Minister to whom the return of Juries in such cases shall belong, to the nomination and return of such Special Jury for the trial of their respective causes : Provided always, that it shall be lawful for the Court at which he shall be summoned to attend, if it shall so think fit, upon the application of any man who shall have served upon one or more Special Juries at any Assizes or Sessions of Htsi Prius, to discharge such man from servinji; upon any other Special Jury during the same Assizes or Session of Nisi Prius. XLIX. And he it, &c.. That the party who shall sue out a venire facias for a Special Jury in any cause, shall pay the •1^ 13 & 14 Vie, CiTAP. 55. . 11)1) fees for strikin<,^ such Special Jury, the fees of the Jurors anJspedai all the expenses occasiMued i.y the trial of the cause by such*'"'^^" Special Jury, and shall not have any further or otlier allow- ance for the same upon taxation of costs, than such party would be entitled to, in case the cause had been tried by a Coninion Jury, unless the Jud;j!e before whom the cause is tried, .shall, immediately after the verdict in open Court, or afterwards upon a Summons at Chan>.bers, certify under his hand that the same was a cause proper to be tried by a Special Jury. IX. — VIEWS, JURIKS DE MEDIETATE LINGUAE AND INQUEST. L. And he it, li^'-., That when in any case either Civil or superior Criminal, or on any Penal Statute depending in either of Her gS'Vie>vl< Majesty's Superior Courts of Common Law at Toronto, it shall siwi" tilluk appear to such Court or to any Judge thereof in vacation, that sa,'.'jw"o^iu,'. it will be proper and nece.s.-^ary that some of the Jurors who *'°°^' *''• are to try the issues in such case, should have the view of the. place in question, in order to their better understanding the evidence that may be given upon the trial of such issues ; in every such case, such Court, or any Judge thereof in vacation, may order a Rule to be drawn up containing the usual terms, and also requiring, if such Court or Judge shall so think fit, the party applying for the view to deposit in the hands of the Sheriff a sum of money to be named in the Rule, for payment of the expenses of the view and commanding Special Writs of venire facias and distringas to issue, by which the Sheriff or other Officer or Minister, to whom the said^.W^ts shall be directed, shall be commanded to have six or more of the Jurors named in such Writs, or in the Panels thereunto annexed, (who sliall be mutually consented to by the parties, or if they cannot agree, shall be drawn by ballot from such Panel as here- inafter provided,) ut the place in question, some convenient time before the trial, who then and there shall have the place ill question shewn to them by two persons in the said Writs named, to be appointed by the Court or Judge ; and the said Sheriff or other Officer or Minister, who is to execute any such writ, shall, by a Special return upon the same, certify that the view hath been had according; to the command of the same, oi view, and shall specify the names of the viewers. ^^1 200 Statutes op Practical Utility. How viowors LI. Aijd bc tt, d'c, That whcn the parties in any siieh ease • hos. n, if shall not agree as to the Jurors to bc nominated to take such upon ^-Itbo view, such viewers shall, by the Sheriflf or other Officer or pui Bh. J\Jinister, to v/hom the Vt acias Juratons in such case shall be directed, be drawn by ballot from the Panel returned upon such venire facias, at some time and place to be ap- pointed by such Sheriff or other Officer or Minister for that purpose, in the like manner as by the thirty-sixth section of this Act is provided for drawing Juries from the general Panel at Nisi Pi'iiis : Provided always nevertheless, that no such Sheriff or other Officer or Minister shall proceed to draw such reviewers from such Panel without having first given at least forty-eight hours' notice in writing to the respective parties in such suit, of the day, hour and place of such drawing. vewerstoba LTI. Aucl he it, dx., That whcu a vicw shall havo bccu al- 'wo"no*n the lowed in any case, those men who shall have had the view, or '^^^' such of them as shall appear upon the Jury to try the issue, shall be first sworn, and so many only shall be added to the viewers who shall appear, as shall after all defaults and chal- lenges, allowed, make up a full J ury of twelve. iii-htof LIII. And be if, d'c.,'Ih.a.t nothing herein contained shall tried by jury extend or bc construcd to extend to any Jury of matrons or saT^d.^'*'"'^ any Writ de ventre insjnciendo, or to deprive any alien not naturalized, indicted or impeached of any felony or misde- meanor, of the right of being tried by a Jury, de medictalc lingua', but that on the prayer of every such alien so indicted or impeached, the Sheriff shall by command of the Court re- turn for one half of the Jury a competent number of aliens, if so many there be in the Town or place where the trial is had, and if not then so 'i any aliens as shall be found in the same town or place if any, and that no such alien Juror shall he lia- ble to be challenged for want of any qualification required by this Act, but every such alien may be challenged for any other cause in like manner as if he were qualified by this Act. What per- LIV. And he it, &c.. That no man shall be liable to bo may be ^ summonod or impanelled to serve as a Juror in any County, ■r- 13 k 14 Vif., CiiAi'. ijo. City or Town in IJjipor CimaJa, upuii any inquest or inquiry Hiimon"(ia» to be taken or nnule before any J!?lierifr or Coroner, by virtue of inqucBts. any writ of iiu^ury, or by or before any Conmiissiuncrs ap- pointed under the (Jreat Seal of the rruvinee, or the Seal of any ('ourt in Upper Canada, liavinii; j^encral jurisdietion throughout the same, or havinjjj general jurisdietion through- out any County of the same, or throughout any City or Town and the liberties or precincts thereof within the same, unless the name of such person shall appear upon one or other of the Jurors' Rolls, for the year in which such person shall be called upon to servo on such in(piest or inquiry : Provided always, ][[|j;|^^'.||' ""' ^'^ that nothing herein contained shall extend to or bo construed ^"'i'''^*"- to extend to any in([uest to be taken by or before any Coroner of any County, Union of Counties, City or Town, by virtue of his office, or to any inquest or inquiry to be taken or made by or before any Sheriff, High Builiif or Coroner of any County, Union of Counties, City or Town, but that the Coroners, Sheriffs and High Bailiffs aforesaid, in all such Counties, Unions of Counties, Cities and Towns respectively, when act- ing otherwise than under a writ of enquiry, shall and may respectively take and make all incpiests and in(juiries by Jurors of the same description af? they have been used and accustomed to do before the passing of this Act. X. CII\LLENfiEi5, LV. And he it, tC'r., That if any man shall be returned as ^y^^t of a Juror for the trial of any issue in any cause civil or criminal, '/"by amso.° or on any Penal Statute in any of the Courts hereinbefore mentioned, who shall not be qualified according to this Act, the want of such qualification sha.l be a good cause of chal- lenge, and he shall be discharged upon such challenge, if the Court shall be satisfied of the fact: Provided always, that T'™ as to nothing herein conuiined shall extend in any wise to any Spe-J"'ci«- cial Juror. LVI. And he if, dr., That if any man returned as a Juror ^\-,,„t of for the trial of any such issue, shall be (jualified in other res- ^ 'cause!' °°* ^)ects accordintr to this Act, the want of freehold shall not on ;.uch trial in any case civil or criminal, or on any Penal iU ii • 202 Statutes of Practical Utility. VVnnt of ;\ kni^lit, uo cuuso. ?.>r^le. 13 & 14 VICTORIA.— CHAP. 59. Ail Act to amend an Art passed in the fifth year of the Reifpi of His late Majestt/ King William the Fonrth, intituled, An Act to prevent the unnecessary midtiplieation of Law- suits, and increase of costs in actions on A^o/es, Bomh^ Bills of Exchange and other Instruments. [Passed 24th July, 1850.] Whereas it is expedient to extend the provisions of au Act of the Parliament of Upper Canada, passed in the fiftli year of the lleign of His late Majesty King "William tlio Fourth, intituled. An Act to prevent the unnecessary multipli- cation of Laic-suits, and increase of costs in actions on A'^otcs, Bonds, Bills (f Exchange and other instruments : Be it, ifr,, J^{}|"[?®5^^*That from and after the passing of this Act, so much of the i^-ci, second and twelfth sections of the said recited Act as prevents repealoa. , . . ^ the application of the said Act and all or any of the provisions thereof, as to Promissory Notes, Bonds, Bills of Exchange, Becognizances or other Instruments wherein or whereby the Part of See tions 2 and 13 & 14 Vic, Chap. GO. 207 sum expressed to be payable exceeds the sum of one hundred pounds, be and the same is hereby repealed. II. And he it, dx:, That this Act shall not apply to any Repeal not to action or suit on any Bond, Promissory Note, Bill of Ex- no^'^om-'" change or other Instrument wherein or whereby the sum '"'^°*^'^'^* expressed to be payable shall exceed the sum of one hundred pounds, which shall have been commenced or brought by mesne process having been issued therein before the passing of this Act, but any such action or suit may be conducted to judgment and execution as if this Act had not been passed. '■M 13 & 14 VTCTORIA.— CHAP. GO. An Act to amend the Law rdathvj to Slander and Libid. [Passed 24tli July, I80O.] Whereas it is expedient and necessary to alter and amend the Law relating to Slander and Libel : Be it, tOc, That from and after the passing of this Act, it shall and may be lawful on the trial of any action, indictment or information, for the making or publishing any libel, on the plea of not guilty pleaded, that the jury sworn to try that issue may give a gene- ral verdict of guilty or not guilty upon the whole matter put in issue in such action, or upon such indictment or information, and shall not be required or directed by the Court or Judge before whom such action, indictment or information shall be tried, to find the defendant guilty merely on the proof of pub- lication by such defendant of the paper charged to be a libel, and of the sense ascribed to the same in such action, indict- ment or infornifition : Provided always, that the Court or Judge before whom such trial shall be had, shall, according to thoir or his discretion, give their or his opinion and directions to the jury on the matter in issue, as in other cases. And provided also, that the jury may on such issue find a special verdict, if they shall think tit so to do, and that the defendant, if found guilty, may move in arrest of judgment on such <,'round and in such manner, as he might have done before the passing of this Act. I^reamljk'. .Jury not to be directed to return a verdict of jJTuilty on the mere proof of the publi- cation, and of tlie sens* ascribed. Proviso . Proviso. I r- ' I 208 Statutes of Practical Utility. Defendant II. And hc it, &c., That ill any action for defamation it mKition' shall bc lawful for the defendant,, when he has pleaded not ed^a wruteu guilty oiily, or has suffered judgment by default, or judgment apoogy- i^jjg jijgj,,^ given against him on demurrer, to give in evidence in mitigation of damages, that he made or offered a written or printed apology to the plaintiff for such defamation, before the commeneemcnt of the action or as soon afterwards as he had an opi^ortunity of doing so, in case the action shall have been commenced before there was an opportunity of making or offering such apology. Defcnilant may plead that the libel was inserted without malice, or gross nepli- jxcnce. and that he oll'cred •'0 pnVilish an apology. And may pay money into Court as amends. Notwith- standing exception in Act of U. C. W. 4, c. 3. III. And be it, d-c. That in an action for libel contained in any public newspaper or other periodical publication, it shall be competent for the defendant to plead that such libel was inserted in such newspaper or other periodical publication, without actual malice, and without gross negligence, and that before the commencement of the action or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in aiiy newspaper or periodical publication to be selected by the plaintiff in such action ; and that any defendant shall, upon filing such plea, be at liberty to pay into Court a sum of money by way of amends for the injury sustained by the publication of such libel, and such payment into Court shall be of the same effect, and be available to the same extent and in the same manner, and be subject to the same rules and regulations as to pajfment of costs, and the form of pleading, except so far as regards the additional facts hereinbefore required to bc pleaded by such defendant, as if actions for libel had not been excepted from the personal actions in which it is lawful to pnj' money into Court under an Act of the Parliament of l^ppcr Canada, passed in the Session held in the seventh year of the Reign of His late Majesty, intituled. An Act for the further amendment of the Laio and the Letter advancement of Justice, and that to such plea to such action it shall be competent to 13 k 14 Vic, Chap. 60. 2or> the plaintiff to reply generally, denying the whole of snch Reply to such V^^^' general. IV. And he it, dr., That if any person shall publish or i'uni,-i j ^ ^ ^ a defendant shall be convicted on such indictment or infornm- tion, it shall be competent to the Court in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea, and by the evidence given to prove or disprove the same : Provided always, that the truth of the matters charged in the alleged libel complained of by such indictment or information shall in no case be inquired into without such plea of justification : Provided also, that in addition to such plea, it shall be competent for the defendant to plead not guilty, and that no defence shall bo taken away or prejudiced under the plea of not guilty, which the defendant can now make under such plea to any indictment or information for a defamatory libel. In certain VIII. And he it, ffcc, That whenever upon the trial of any aat'may*''^ indictment or information for the publication of a libel, under aition^"^'^ the plea of not guilty, evidence shall have been given which authodt^'^ shall establish a presumptive case of publication against the *^' defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that sucli publication was made without his authority, consent or know- ledge, and that the said publication did not arise from want of due care or caution on his part. I'livato IX. And be it, &c., That in the case of any indictment or succflssfui^' ' information by a private prosecutor for the publication of any costs, and^so defamatory libel, if judgment be given against the defendant, e eudan . j^^ ^j^.^jj ^^ \{q]j\q fQj. ([^q (.Qsts Sustained by the prosecutor by reason of such indictment or information; and if judgment bo given for the defendant, he shall be entitled to recover from such prosecutor the costs sustained by the defendant by reason of such indictment or information, such costs so to be recovered by the prosecutor or defendant respectively, to be taxed by the 13 & 14 Vic, Chap. 61. 211 Clerks of tho Courts of Queen's Bench or Common Pleas in Toronto, or their ! jspcctive Deputies in the coun'ies where Huch trial shall bo had, at the option of the party in whose favor such costs are to be taxed ; such costs to be recoverable uq^ by Writ of Attachment on the order of any Judge of the '■*^^'°^®'"''*^^<'- Superior Courts of Common Law, or of any Judge of the County Court in the county in which such indictment orn . p . 1 11 -I 1 . Proceedings information shall have been tried, and all proceeding's for the ^'^'" recovery, recovery ot such costs shall be entitled m the Court of Oyer and Terminer for the County in which such trial has been had and such Writ of Attachment shall be returnable in either of the Superior Courts of Common Law as in other cases of Attachment, and on its return, such proceedings shall be had thereon as may now be had in any case of Attachment for non-payment of costs, pursuant to any order or rule of either of the said Superior Courts. X. And he it, &c., That this Act shall be in force in Upper Act to apply Canada only. tou.c.ouiy. nil -1 i 13 & 14 VICTORIA.— CHAP. CI. An Act for render i.: a Written 3Iemorandum necessari/ to the validity of certain Promises and Engagements. [Passed 24th July, 1850,] Whereas by an Act passed in England in the tweuty-fii-st Preamble, year of the reign of King James the First, it was among other things enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandize 2i".fam^/if between merchant and merchant, their factors or servants, all *=• ^^' ^'^'='*^^ actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within six years after the cause of such action or suit, and not after j And whereas questions have arisen upon the proof of acknowledgments and promises to take the cases in such actions out of the operation of the said Statute : Be it, (fcc, That in all actions on simple contract or debt of the nature hereinbefore mentioned, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or ■ n 212 Statutes of Practical Utility. I: Written Continuing contract whereby to take any case out of the mmlum operation of the said Act, or to deprive any party of the takeu'iecase^^"^^*' thereof, unlcss such acknowledgment or promise shall ''^K"{ be made or contained by or in some writing to be signed by Statute. •' on,' the party chargeable thereby ; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor or adminis- Casooftwo trator, shall lose the benefit of the said Act so as to be or more joint . i /• • contractors, chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them, or by reason of any payment of any principal Proviso : or Interest made by any other or others of them ; Provided PiaintiiTmay always, that lu actious commenced against two or more such to one 0*1- " joint contractors, executors or administrators, if it shall appear ants! but'^not at ^^^ ^^^^^ or otherwise that the plaintiff, though barred by the ^ ° ■ said recited Act or this Act, as to one or more of such joint contractors, or executors or administrators, shall neverthelcsg be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment, promise or payment as aforesaid, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defend- ants against the plaintiff. Astopon- II. And he it, tC'c, That if upon any plea in abatement in Defendants any of the Said actions for the non-joinder of any person or good defence porsons, who, it is alleged, ought to be sued jointly, it shall sidd Act and appear at the trial or otherwise, that the action could not, by * ^ '^' reason of the said recited Act or this Act, or of either of them, be maintained against the other person or persons named in such plea, or any of them, the finding and judgment on such . . , plea, shall be ap-ainst the party pleadino- the same ; and if after As to costs in ^ ' , " ... new action, , the pleading of such plea, the plaintiff, instead of proceeding being discon- in the Said action, shall abandon or discontinue the same, and tinned on . • ^ -x n i t /. i , such plea, commcncc a new action against the deiendant or deiendants pleading such plea and the person or persons named therein, as jointly liable with such defendant or defendants, and it shall appear upon the trial or pleadings in such new action that such action could not, by reason of the said recited Act or this Act, 13 & 14 Vic, Chap. G1. 213 bo maintained against the person or persons named in the said plea in abatement and joined in the said new action, but against t)ie original defendant or defendants alone, the plaintiff shall thereupon be entitled to reeover against the original defendant or defendants, in the said new action, as well the costs of the original action so abandoned or discontinued on such plea in abatement, as the costs awarded to such other defendant or defendants so joined in the said action by reason of the pleadings of such plea, in addition to the debt or damages and costs recoverable against the said oriirinal defend- ant or defendants, and the said other defendant or defendants so joined in the said new action, and not liable therein, shall recover his or their costs against the plaintiff. III. And he it, (£r., That no indorsement or memorandum indorsement of any payment written or made after the time appointed for file' ^llyee,^^ this Act to take effect, upon any promissory note, bill of nofo!'&I;? out exchange, or other writing, by or on behalf of the party to statute. whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the said Statute. IV. And he it, &c., That the said recited Act and this Act, statuto to shall be deemed and taken to apply to the case of any debt on Sff.^'^ simple contract, or of the nature hereinbefore mentioned, alleged by way of set-off on the part of any defendant, either by plea, notice or otherwise. V. And he it, tC'C, That no action shall be maintained As to ratifi- whereby to charge any person upon any promise made after full ''*""" °^ promise age to pay any debt contracted during infancy, or upon any "'''*^'* •^"^'"s ratification after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. VI. And he it, &c., That no action shall be brought whereby As to repro- ■, ^ fl . .• sentatlon to charge any person upon or by reason or any representation reKiuding T . . 1 i* A ii thecharHi or assurance made or given concerning or relating to the credit, &c the character of character, conduct, credit, ability, trade or dealings of any other party* MA 11 214 Statutes of Practical Utility. person, to the intent or purpose that such other person may obtain money, goods or credit thereupon, unless such represen- tation or assurance be made in writing signed by the party to be charged therewith. statute of Yll. And he it, &c., That the seventeenth section of an fxTondedto ^ct passcd in England in the twenty-ninth year of the lleign 7mou'^^ King Charles the Second, intituled, An Act for the. a^futu'^n? "* i^'*^^^'*^'^^'*' ^f ■^'^'■""'^^ ^^*^^ Perjuries, shall extend to all time, Ac. contracts for the sale of goods of the value of Ten Pounds currency, and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. VIII. And he it, &c., That this Act shall extend to Upper Canada alone, and shall take effect and commence on the First Extent of Act. meut. day of January, one thousand eight hundred jind fifty-two r ; 1 ; ! ■ ;i 13 & 14 VICTORIA— CHAP G2. An Act to alter and amend the Act requiring Mortijages of Personal Projperty in Lj)jjer Canada to be filed. [Passed 24th July, 1350.] Preamble, WiiEREAS the Law now in forco in Upper Canada requiring Mortgages of Personal Property to be filed requires amendment, so as to require that every sale of goods and chattels which shall not be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things sold, shall be in writing ', and so as to require that a copy thereof be filed in the same manner as a mortgage or conveyance by the said Act is required to be filed ; and so as to require an affidavit that the mortgages aud conveyances mentioned in the said Act, and the bills of sale in writing mentioned in this Act, are bona fide and just and not for the purpose of protecting such goods and chattels in the possession 13 & Vic, Chap. 75. 215 e same fit for of the niortpjagoo, or baro;aince against the creditors of the mortgngor or bargainor : Be it, d)c., That the first Section ofscct.i.of ij the Act passed in the twelfth year of Ilcr Majesty's llcign, amenjea!' intituled, An Act rctjiuri)i(/ MortijiKjca of Personal J*roperf^ in Upper Canada to he Jiled, bo and the same is hereby amended by adding to the end thereof, as follows : "And that Then num a- every sale of goods and chattels which shall not be accompanied snieM.fKJods by an immediate delivery and followed by an actual and con- "Siy """"''' tinued change of possession of the goods and chattels sold, *^""^''^''^^'^' shall be in writing, and such writing shall be a conveyance under the provisions of the said Act ; and that the mortgages and conveyances mentioned in the said Act and the writing or conveyance mentioned in this Act, shall be accompanied with an affidavit of the mortgagee or bargainee of such jrn )d8, sworn .„., „ before a Commissioner of the Queen's Bench or Common Pleas, •"'^••luin-J to the effect,- -in the case of a mortgage, that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the said mortgage, that it was executed in good faith and for the express purpose of securing the pay- ment of the money so justly due, and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of the mortgagor, — and in ease of an absolute sale, that the sale is hona fide and for good consideration (setting it forth) and not for the purpose of holding or enabling the bargainee to hold the goods mentioned therein against the creditors of the bargainor; otherwise such mortgage or sale shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith." ' li 13 & 14 VICTORIA.-CIIAP. 75. (^ An Act for the Protection of Mill-owners in Upper Canada. [Passed 24th July, 1850.] Whereas it often happens that persons purchase Crown Lands and Clergy Reserves in Upper Canada from the Crown, which, at the time of the purchase, and of the issuing of the patent therefor, were in the whole or in part overflowed by the waters 21 G Statutes of Practical Utility. 1 '■'■,* SI '! 'i 1 of some mill .stream, in consequence of the erection and continuation of Mill Dams thereon : And whereas it oftni happens that such persons, at the time they purchase such Lands, are well aware of their being so overflowed, and have in consequence thereof ()])tained a reduction or allowance in the price paid for the same, but, nevertheless, obtain J'atents for the whole of such Lots, and afterwards bring actions again.st . the proprietors or occupiers of the Mills for tlio use of which Orantie of ^ * '■ Crown ni.t gucli Dams huvc been erected : For remedy thereof, Be it, cfv; , to ri'povcr , '' . datnuKos for Xluit wlicu ill any action hereafter to be brought again.st the cuused to proprietor or occupier of any Mill, for the overflowinjir of, or erected be- injury to any Jjand, caused by the erection or continuation ut issued in any Dam for the purposes of such Mill, it shall appear that '^ "such overflowing or other injury was caused by the erection or continuation of a Dam which was built before the purchase by, and grant thereof to the Grantee of the Crown of such Land, and that such purchaser obtained a reduction in the price of such Land, or was otherwise indemnified in consequence of its being so overflowed or otherwise injured, then, the Jury on the trial of any such cause may take such facts into their consider- ation, and if they think it just and equitable, may, in conse- quence thereof, find a verdict for the Defendant in any suit s^o to be bi'ought. II. And he if, ttv.. That ii ny such action, it shall and may plead may be hiwful for the Dcfondaut to plead the general issue, and issuo, Ac. under such plea, on entering a note of this Act in the margin thereof, to avail himself of this Act and of the matters of defence herein given. (A if, i(\ Extent of Act. III. And he it, &c.j That this Act shall extend to Upper Canada only. 14 c\i 15 Vic, Chap. 04. 217 14 & IT) VICTOIIIA.— C'lIAl*. 14. /(/( Aft to jy/'ovulc Jor tlo' jxt^moit of Petit Jurors in J'pprr Cannda. [Passed 2ii(l .\uj;ust, IS.'!.] XIV. And to prevent unneccMHury delay jind expense, A'c Courf nmy //, ; for the trial of to Ih- .nt'.'.r- ciiuscs by Jury, may, in tlic discretion uCsucli Court ur Jud^c, liUt (iay <.r peremptorily order the records to bo entered, and the business*"' "^'' of the Court to be proceeded with, on the first day of the .Ci «:.(;,' .'^ittinij; of the Court; any usatro to tlic contrary notwitli-'*' ^^'' standinir. 14 & 15 YICTOUIA. -CHAP. 04. An Act to amend and extend the Lan) rehttinf/ to fh,'. rrmi'dj hij Repleoin in Upper Canada. [ Passed oOth August, 1801.] Wfiereas it is expedient to amend and extend the remedy by Prcimi.io. Replevin in Upper Canada: Be /7, TATUTES OF PRACTICAL UTILITY. on tlic eighth day after the service of a copy thereof on tho defendant, or if he cunnot be found, by leaving such copy at his usual and last place of abode, with his wife, or some other grown person being a member of his household, or of the house wherein he resided as aforesaid, and may be in the following form : ■^ Victoria, by the Grace of God, of tho I United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. County or United Counties of (^as the case may he ) To the Sheriff of (Jicre insert name of County or United Count' -i) — Greeting : "We command you that, without delay, you cause to be replevied to (A. B.) his goods, chattels and personal property following, that is to say : (Jicrc xct out the description ' "'« suit, and if he, she or they do not enter their appearance in*"'^'' hi'", and such suit, at the return of such Writ of Replevin, the plaintiff or plaintiffs in duch action may, after filing such Writ, with an affidavit cf the service thereof having been made on the defendant in manner before mentioned and directed, enter a common appearance for such defendant, and proceed thereon as if such defendant had appeared. i I ?''■ 220 Statutes of PnACTiCAL Utility, Condition IV- -^J*'^ ^^ ''^ 11 records, Ac, IS pending, every Kecord or other Paper in his custody, when "^hon rnuh-. required, for the purpose of motions for new trials or other- "^^''om. wise : Provided always, that the notice to be given, shall in all i><'viso: as 1 1 ,1 T-> ^.1 •. ,. , ™ to uotice to cases be served on the Deputy Clerk of the Crown, in time forbegmn. the Record or Proceeding required to be sent, to reach Toronto by regular course of mail, on or before the last day for moving against the verdict or non suit. II. And he it, dr., That the said Deputy Clerks of the Aviien and Crown shall, after the time for the moving of new trials has SuSl expired, deliver to the Attorney of the party entitled to themwd'or Postea, any Record in their custody upon getting a receipt fortoaSney the same, but that they shall not deliver to any party any "' ^""'"'''• Exhibit filed without a Judge's order to that effect. i?r ^^ '1 t 1;: III. And he if, tCr., That the sum of Five Shillings shall ive to repu- bo hereafter paid to the said Deputy Clerks of the Crown, as thc^crowD°^ the fee upon each Record entered, which sum, and no more, shall be paid, whether the cause be tried or not, and that the said fees shall be by them accounted for, paid over and applied co„,^,t forth© under the provisions of the Act passed in the ninth year of ^'*'"°' "^*'" Her Majesty's Reign, and intituled. An Act to jrrovide for tlie^^ ^ 30 acco7nmodation of the Courts of Superior Jurisdiction in Upper Canada, as pait of the fund thereby created : Provided (^'"^[/^"^n' always, that the said Deputy Clerks shall respectively l^c^^^^^^^^y- allowed to retain out of such fee a sum equal to One Pound attendance. for each day's attendance as such Clerks of Assize. IV. And he it, &c.. That after verdict or non-suit, the ^,1^",'^^^^ Attorney of the party entitled to the Postea in the cause shall J°;'![,','f^*'^ prepare the same. ^"™''" No cJiarge to V. And he it, &c.. That nc charge whatever shall be made iho^silid ^ to the PI . It * by the said Clerks of Assize or Marshals upon any criminal trial tuin caJi cer- cases. |. r, . ;f ' 11 ■;i- \\ T 224 Statutes of Practical Utility. or proceeding in any Court, at whicli tlicy may act as Midi Clerks of Ai^size and JMarshals respectively. Postage to be ^^- And be it, dr., That the party requiring any Record, pauiby Exhibit or other Paper to be sent to the Clerk of the Judocs' Chamber shall, "with the notice, pay the j ostagcs incident to the transmission of the Ptccord, Exhibit or Paper required by him. Clerks to VII. And hc if., d'c, That the Deputy Clerks of the Crown iu^a eert^ai'n sludl pay the postago on the transmission of Indictments and '^^^t credit other Proceedings in criminal cases, and take credit for such '• postages in accounting for the fees received under this Act, or fees in any other manner received by them, in case the fees under this Act shall not be suincient for that purpose. take for the siimc Case of the YIU. Aud wlv 3as William Alexander Campbell has, for Warslial and ^ ' Clerk of twcntv-six vcars now last past, held the office of Marshal ami Assiza for ^ j i. ' the County Clci'k of Assizc for thc County of York : Be it, d-c, That ot York pro- ^ •' _ ' ^^ _ _ _ vidcdfor. from and after the pissing of this Act the said William Alexander Campbell shall continue to be the Marshal and Clerk of Assize for the County of York, and shall hold office during good behaviour, and be removeablo by the Judges of the Superior Courts of Common Lav/, or a majority of them, and shall act as 3Iarshal and Clerk ot Assize at the Courts of Assize and Nisi Prius, and Oyer and Terminer and General Gaol Delivery for the said County of York, and shall receive as such Marshal and Clerk of Assize, the salary of Three Hundred Pounds per annum, which shall be charged upon the fund in this Act mentioned, and as Marshal and Clerk of Assize for the said County of York, shall be subject to all thc provisions relating to llecords. Exhibits and other Documents in this Act mentioned, and in the event of the death or removal from his said office of the said William Alexander Campbell, the Clerk of the Crown and Pleas for thc time being, or his Deputy, in the said County of York, shall act as such ^Marshal and Clerk of Assize for the said County of York, and have all the powers and exercise all the functions that are had and exercised by the Clerks of Assize by law and under this Act. my act as i^ucli 16 Vic, Chap. 19. 225 IX. And he it, dx., That the [Marshal and Clerk of Assize As to his of the County of York shall take and receive the same fces*^''''^' only as are taken by the other Marshals and Clerks of Assize under this Act, and such fees shall be accounted for, paid over and applied in the same manner as the other fees taken under the authority of this Act. X. And be it, dx., That the several Clerks of Assize As to Pre- appointed under this Act shall issue the Precepts to the several SeVb^ Sheriffs of Counties in the same manner and with the sameSSntcd effect as such Precepts are now issued by law, by any Marshal Act^"" ^^^ or Clerk of Assize. m XI. A)id he it, &c., That this Act shall not come into force when this •' • - - - — Act shall come into force. / / — — until the first day of January next. IG VICTORIA.— CHAP. 19. An Act to repeal the Acts therein mentioned, and to improve the Law of Evidence in Upper Canada. [Passed 10th November, 1852.] Whereas the inquiry after truth in Courts of Justice is Preamble, often obstructed by incapacities created by Laws, and it is de- sirable that full information as to the facts in issue, both in Criminal and in Civil cases, should be laid before the persons who are appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses adduced and on the truth of their testimony Be it, &c., That no person offered as a witness shall hereafter be excluded fend as wit- r p. 'l v r^ • ' i. i. £• •• nes^es not to by reason oi incapacity from Crime or interest, irom giving be excluded evidence, either in person or by deposition, according to the,"*^'*'* ° practice of the Court, on the trial of any Issue joined, or of any Matter or Question, or on any Inquiry arising in any Suit, Action or Proceeding, Civil or Criminal, in any Court, or before any Judge, Jury, Sheriff, Coroner, Magistrate, Off^er or Person having by Law or by consent of parties authority to hear, receive and examine evidence, but that every person so offered, may and shall be admitted and compellable to give Q causes. i^ 4 ;'t! 1 'I ,1- ■ 'i-l ' (J.i;* 1 226 Statutes op Practical UTii.iTY. Evidence on Oath, or solemn affirmation in those cases wherein affirmation is by Law receivable, notwithstanding that such person may or shall have an interest in the matter in question or in the event of the trijil of any Issue, Matter, Question or Inquiry, or of the Suit, Action or Proceeding in which he is offiired as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence : Provided that this Act shall not render com- Provlso : par- ties to suits petent or authorize or permit any party to any suit or proceed- nessosiun- iug individually named in the llecord, or any Plaintiff, Lessor less called as , J; . . such by the of the Plaintiff or Tenant oi premises sought to be recovered party. In Ejectment, or the Landlord or other person in whose right any defendant in rejjlevin may make cognizance, or any person in whose immediate or individual behalf any Action may be brought or defended either wholly or in part, or the husband or wife of such persons respectively, to be called as a witness on behalf of such party, but such party may in any Civil pro- ceeding be called and examined as a witness in any suit or action at the instance of the opposite party : Provided always, that the wife of the party to any suit or proceeding named in the Record, shall not be liable to be examined as a witness by or at the instance of the opposite party. II. And he it, &c., That whenever any party in such pro- ceeding shall desire to call the opposite party as a witness, he shall either subpoena such party or give to him or his Attorney at least eight days' notice of the intention to examine him as a witness in the cause, and if such party shall not attend on such notice or Subpoena, such non-attendance shall be taken as an admission j)?-o con/esso against him in any such Suit or Action, unless otherwise ordered by the Court or Judge, in which or before whom such examination is pending, and a general find- ing or Judgment may be had against such party thereon, or the Plaintiff may be non-suit or the proceedings in such Action or such Suit, may be postponed by such Court or Judge, on such terms as such Court or Judge shall see fit to impose. Commission HI. ji7id be it, c&c, That whenever a party to any such ■when the . ... . party to bo suit or action is resident out of Upper Canada, it shall be law- A party to any civil suit may be sum- moned as a witness by the opposite party: and how: Pen- alty on such party not at- tendiag. (As to Div. Courts, see 16 Vic. c. 177, 8. 22 & 23.) 16 Yic, CiiAr. 19. 227 Proviso fill for the Court in wliich such suit or action is brought, or ox.iminod n- any Judge in Chambers, at the instance of the opposite party, i;pper°Ciiim. to issue a Commission for the oxamiuation of such party in theu^such'p^itj same manner as a Commission may be issued from any of thcaitund." Superior Courts for the Examination of Witnesses ^ and if such party shall refuse to attend before such Commissioners, such refusal, proved by affidavit or otherwise, to the satisfaction of a Judge of the Court in which the suit is had, shall autho- rize a verdict or judgment to pass against such party, or he shall become non-suit : Provided that no such Commission shall bo issued unless the party requiring such Commission shall state under oath, by affidavit, the facts intended to be proved before such Commission, and then the said Judge after being satisfied that such Commission is applied for in good faith, and not for purposes of delay, may issue such Commission. IV. And he it, tfrc, That nothing herein contained shall render Party cimig any person, who, in any proceeding, is charged with the Com- criminal of- (, -I-, 11 IV rr -111 fiiiice not to mission 01 any indictable oiience, or any oitence punishable onpveevidHicf ... , , 11 t 1 i • •! for or against summary conviction, competent or compellable to give evidence himfoit^ &c. for or against himsilf or herself, or shall, in any such proceed- ing, render any husband competent or compellable to give evidence for or against his wife, or any wife competent or com- pellable to give evidence for or against her husband, or shall, in any civil proceeding, render any person compellable to answer any question tending to criminate himself or herself, or to subject him or her to any prosecution for any penalty. V. And he It, &c., That whenever any person has died or ^.^oijatc of shall hereafter die in any of Her Majesty's possessions out of ^^fdyh^jr"" Upper Canada, having made a will sufficient to pass real estate p?JYf,J in Upper Canada, and whereby any such estate shall be de- p^jS^^s. vised, charged or affected, and such AVill shall have been duly Si";,^- proved in any Court having the proof and issuing probate of eviJenco. Avills in any of such possessions, and shall remained filed in such Court, the production uf the Probate of such Will or a certificate of the Judge, Registrar or Clerk of such Court, that the original is filed and remains in such Court, and purports to have been executed before two witnesses, shall be ouffici-^r^t i -f: ',; .1 ! m 3 Statutes of Practical Utility. PrOTiso: no- tice to bo ProTiso : if tlic Jud^o see cause to Uoubt sufTi- citMicy ol'cx- n'ution. prima facie evidence in any Court of Law or Equity in Upper Canada, in any proceeding concerning such Ileal Estate, of such Will and the contents thereof, and of the same havinir been executed so as to pass Real Estate, without the production of the original Will : Provided always, that notice of the in- tention to use such Probate or Certificate in the place of the original Will, shall be given to the opposite party in any such proceeding one month before the same shall be so used : And provided also, that such Probate or Certificate shall not be used if, upon cause shewn before any such Court of J^aw or Equity, or any Judge thereof, such Court or Judge shall find any rea- son to doubt the sufiiciency of the execution of such Will to pass such Ileal Estate as aforesaid, and shall make a rule or order disallowing the production of such Probate. ciertifirato to VI. And bc it, &c., That the production of the certificate in 'be prima ./otteevi- the next preceding section mentioned, shall be sufficient prmia therein fade evidcncc of the facts therein stated, and of the authority of the Judge, Registrar or Clerk, without any proof of his ap- pointment, authority or signature. Probate of Will reciMv- able ia evi- dence. YII. And he if, dye, That whenever in any suit or action pending or hereafter to be brought, in either of Her Majesty's Superior Courts of Law or Equity in Upper Canada, any party is desirous of proving the Execution of the Will of any person, who at the time it shall be necessary to give such proof, may be dead, the production of the Probate of such Will or of Letters of Administration with the Will annexed, shall be re- ceived and taken an prima facie evidence of the due execution of such will and of the contents thereof, in the same manner as if the original Will had been produced, and the execution thereof proven by the subscribing witnesses thereto; subject, nevertheless, to the provisoes hereinbefore in the fifth section of this Act contained, as to notice to the opposite party of the intention to use such Probate or Letters in place of the origi- nal Will, and to any order that may be made by the Judge or Court disallowing the production of the same as therein men- tioned. 16 Yic, CiiAr. 10. •l-2\) I- low ^e Judge of any County Court in Upper Canada, it siioll be the duty of the Junior Judge of such Court to hold the Ce^unty Cou) t, with the same powers as the Judge of such Court, and he shall and may, during such Illness or absence, have, use and exercise all other the powers vested iu, and do all other acts and things which are by law required of or allowed to be done oy the Judge of a County Court in Up- per Canada within his County: but such Junior Judge shall not preside as Chairman of the Quarter Sessions of the Peace for the County for which he is appointed such Junior Judge. Tnterpreta- ^^^' ^^'^ ^^ ^^> ^^'i ^^^^ ^^^ word " County '' in tlli.M ^^' Act shall include any Union of Counties for judicial purposes. Ta case of illness &c., of the Judge, the Junior Judge may act for him. 'i' I 16 Vic, Chap. 80. IG VICTORIA.— CHAP. 80. All xict to modify the Usurij Laws. [Assented to 24th March, 1853.] Whereas it is expedient to abolish all prohibitions and Pre.imbie. penalties on the lending of money at any rate of interest whatsoever, and to enforce to a certain extent, and no further, all contracts to pay interest on money lent, and t^ amend and simplify the laws relating to the loan of money at interest: Be it, cfr.. That the fifth section of the Ordnance made and passed alnance'of ^ by the Governor and Legislative Council of the Province of ^"o^ii'j^',. Quebec, in the seventeenth year of the Reign of His late ^gt^jj- u,^ Majesty King George the Third, intituled, An Ordinance /o^'^iQ^o?ni ascertaining damages on protested Bills of Exchange, and''-^-^^^^-^^^^ fixing the rate of interest in the Province of Quehec ; and the s'xth section of the Act of the Parliamert of the Province of Upper Canada, passed in the fifty-first year of His said late 3Iajcsty's Reign, intituled, An Act to repeal an Ordinance of the Province of Quehec, passed in the seventeenth year of Ilis Majesty s Reign, intituled, "An Ordinance^or ascertaining damages on jrrotcsted Bills of Exchange, and fixing the rate of interest in the Province of Quebec ;" also to ascer- tain damages on j^Totcsted Bills of Exchange, and fixing the rate of interest in this Province, be, and the same are hereby repealed. II. And be it, d'c., That no contract to be hereafter made^ ,,. <. ' ' ^ Penalties lor in any part of this Province, for the loan or forbearance of'"'''^"''ury •' ^ ' abolished. money or money s worth, at any rate o: interest whatsoever, and no payment in pursuance of such contract, shall make any party to such contract or payment liable to any loss, forfeiture, penalty or proceeding, civil or criminal, for usury : any Law or Statute to the contrary notwithstanding. Contracts HI. Provided alwat/s nevertheless, and be it, d'c, That a"'i secuH- ■^ . ' ' ' ties to be every such contract and every security for the same shall be ^"W as re- void so tar, and so lar only, as relates to any excess oi interest "fintercst 11 1 111 1 pci-T» lot above six per thereby made payable above the rate oi feix I'ounds tor the cent. ii- I n 234 Statutes or Practical Utility. forbearance of One Hundred Pounds for a year, and the said rate of six per cent interest, or such lower rate of interest as may have been agreed upon, shall be allowed and recovered in all cases where it is the agreement of the parties that interest shall be paid. Act not to lY. jind he it, &c., That nothing in this Act shall be apply to ... Biuks, &c. construed to apply to any Bank or Banking Institution or to any Insurance Company, or to any Corporation or Association of persons heretofore authorised by law to lend or borrow money at a rate of interest higher than six per centum per annum. 16 VICTORIA.— CHAP. 119. An Act to confer Equify Jurisdiction upon the several County Courts in Upper Canada, and for other purposes therein mentioned. [As3cntod to 23rd May, 1853.] Preamble. WiiEREAS it IS expedient to extend the jurisdiction of the several County Courts in Upper Canada to certain matters cognizable in the Court of Chancery of Upper Canada: Be it, Courts^to ^^^-j That the jurisdiction of the said County Courts respect- Iqulty Juris- ^^^''y ^^^^^^ cxtcud to the scvcral matters hereinafter enumerated, certiiiu mat- ^"^ ^^^^^ ^^^® ^^^^ County Courts respectively shall possess the tera. \\^Q power and authority in respect of the matters hereinafter enumerated as by law is now possessed by the Courts of Chan- cery of Upper Canada. To what 11. j[n(i ic. it, &c.. That it shall be lawful to and for any ca'sps the ' ' *' Equity Juris- person seeking equitable relief, to enter (personally or by ^ounty Attorney) a claim against any person from whom such relief is extend. souglit, with the Clerk of the County Court of the County within which such last mentioned person resides, in any of the following cases, that is to say : Partnership accounts. 1. A person entitled to an account of the dealings and trans- actions of a partnership (the joint stock or capital not having been over two hundred pounds,) dissolved or expired, seeking such account. IGYic, CiiAP. 119. 235 2. A creditor upon the estate of any deceased person, such Debts of de- credltor seeking payment of his debt (not exceeding fifty sons, pounds) out of the deceased's assets (not exceeding two hun- dred pounds). r). A legatee under the will of any deceased person, such Legatees, legatee seeking payment or delivery of his legacy > not exceed- ing fifty pounds in amout or value) out of such deceased per- son's personal assets (not exceeding two hundred pounds). 4. A residuary legatee, or one of the residuary legatees of Kesidunry any such deceased person seeking an account of the residue ''"°^ "'^^' and payment or appropriation of his share therein (the estate not exceeding two hundred pounds). 5. An executor or administrator of any such deceased person Administra- seeking to have the personal estate (not exceeding two hun-go°^ai"g^P'''''" dred pounds) of such deceased person, administered under the direction of the Judge of the County Court for the County within which such executor or administrator resides. G. A legal or equitable mortgagee whose mortgage is created Foreclosure by some instrument in writing, or judgment creditor having** °»' eagt'-^ duly registered his judgment, or person entitled to a lien for security for a debt, seeking foreclosure or sale or otherwise to enforce his security, where the sum claimed as due does not exceed fii.y pounds. ion 7. A person entitled to redeem any legal or equitable mort- K,.jg,np< L'age or any charge or lien seeking to redeem the same, where "^■^^"'"''"ages the sum actually remaining due docs not exceed fifty pounds. H 8. Any person seeking equitable relief for, upon or by reason Kquitabie ro- of any act, matter or thing whatsoever, where the subject '^ b^"''*'*' >' matter involved docs not exceed the sum of fifty pounds. 0. Injunctions to restrain the committing of waste or trcs- injunctions pass to property by unlawfully cutting, destroying or removing commission trees or timber, may be granted by the Judge of any County" Court, which injunctions shall only remain in force for a period of one month unless sooner dissolved on an application to the ii 236 Proviso. Form of Claim. Statutes of pRACTiCxiL Utility. Conrt of Chancery; Provided always, that the power to grant such injunction shall not authorize the prosecuting of the suit in the County Court, but the injunction may be extended and the suit further prosecuted to judgment or otherwise in the Superior Court, in the like manner as if the same had originated in that Court. III. And he if, c£r., That such claim in the several cases enumerated above, may be similar in principle to the form set forth in Schedule K to this Act. PioceediriRs iy_ j^^^i jg // j£.(. That upon entering such claim with the on the filing j j i o of claim. Clcrk of a County Court, the same shall be numbered and filed by such Clerk according to the order in which it shall ^e enter- ed, and thereupon a summons, briefly stating the nature of the claim and beariuu, the number of the claim on the margin thereof, shall be issued under the Seal of the Court, requiring the person against whom such claim is made, '^n some day in the next ensuing term of such County Court, or (upon Special Order of the Judge of the County Court,) on a day to be therein named, to appear before the Judge of the said Court, to show cause, if he can, why such relief as is claimed by the Plaintiif should not be had, or w^hy such Order as shall be just with reference to the claim shall not be made. Form of Writ of Summons. y. And he it, iC'c, That such Writ of Summons may be in the form or to the effect in that behalf set forth in Schedule B to this Act, with such variations as circumstances may require, and shall be sealed with the Seal of the Court from which it issues, and that, when necessary, ulias and j^^un'es Writs may be issued. Copy of Writ VI- And he it, d'c. That a copy of the said Writ of Sum- boservei '^ mons, to which shall be attached a certified copy of the Plaintiff" 's claim so entered as aforesaid, shall be served on the Defendant ten days at least before the day appointed in the said Writ of Summons for showing cause. iioaringon VII. And he it, dr.. That at the timc appointed for showing ueu^," exam- cause as aforcsaid, the Defendant shall appear personally or by 16 Vic, Chap. 119. 237 Attorney, and show cause, if he can, (and if neccssaiy by ination of Affidavit) why such relief as is claimed by the PlaintijQf should not be had against him ; and each partv may, on giving five clear days' notice in writing prior to any hearing, of his inten- tion so to do, examine the other party upon the matters relating to such claim ; and the Judge, on hearing the claim, and what the Plaintiff alleges in support thereof, and such other evidence, whether oral or written or by Affidavit, as he may produce in that behalf, and what may be alleged on the part of the Defendant, and such evidence whether oral or written or by affidavit as he may produce in tha^ jchalf, or on production of an affidavit, that the Writ of Summons and copy of claim aforesaid have been duly and personally served on such Defen- dant, may, if he shall think fit, make an Order granting or^ refusing the relief claimed, or directing any accounts or inqui- maJe. lies to be taken or made, (such accounts or enquiriis to be taken or made before the Judge if he shall deem such course proper or expedient, or before the Clerk of such Court, at days or times to be appointed by the Judge for that purpose,) or may direct such other proceedings to be had for the purpose of ascertaining the plaintiff's title to the relief claimed, or make such other Order as according to the nature and circumstances of the case shall seem to be just and proper; and further, the Judge may direct such persons or classes of persons, as he may think necessary or fit, to be summoned or ordered to appear as parties to such claim, or on any proceedings with reference to any account or inquiries directed to be taken or made, or otherwise; and all oral evidence given by any person before Q^^jg^j^gnp,. such Judge relating to such claim, shall be upon the oath of*°^"-'°°'^''*^ the person giving the same, to be administered by or before said Judge; and further, in default of the appearance of either of the parties, the said Judge may make such Order as to the payment of costs by the party in default, as to him may seem meet. VIII. And he it, (Cr., That the said Judge of the County county Court shall be the sole Judge in all actions brought in the said the'^soie" ^^ County Courts respectively under the Jurisdiction given by this ''"^^®' Act, and shall determine in a summary manner all questions of ■i 'i 1 M :' I s r« 238 Statutes of Practical Utility, W: Unless a law 01* cquity as well as of fact arising therein, unless the said plied for to Judgc shall think it proper to have any fact or facts contro- iiV\t may'^be! verted in ihc action tried by a jury, or either party shall apply to have such facts tried by a Jury ; and upon order made allowing a trial by Jury, such trial shall take place at the then next ensuing Sittings of such County Court, and be conducted in the same manner as other trials by Jury in the said Court are conducted, and the Judge may, unless a new trial be moved for within ten days after verdict rendered, proceed to make such Order and Decree on the verdict of such Jury as accord- ing to the nature and circumstances of the case shall seem just and proper. New trinl. Rules of deci- sion to be as in Chancery, Certain powers vested in Court. IX. And he if, &c., That the Rules of decision in the said County Court respectively, in respect to the matters aforesaid, shall be the same as govern the said Court of Chancery, (whvjrt not otherwise provided for by or under the authority of this Act) so far as the same may be held to be applicable to a Court of Summary Jurisdiction. And the said County Courts tiie respectively shall possess full power and authority to enforce and compel obedience to their Orders, Judgu ents and Decrees, in respect to all and singular the matters hereinbefore and hereinafter set forth and contained ; and that all Sheriffs, Gaolers, Coroners, Constables and other Peace Officers, shall be aiding, assisting and obeying the said County Courts re- . spectively, in the exercise of their jurisdiction, when required by any County Court so to do. Judge may amend the claim in furtherance of justice. X. And he it, (fee, That the Judge of the said County Court may at any time, in furtherance of justice and on such terms as he may think proper, amend such claim so filed as aforesaid, and any and every proceeding relating thereto, by adding or striking out the name of any party, or a misti^^ie in any other respect, or by inserting other allegations material to the case, or by conforming such claim or proceeding to the facts proved, where the amendments shall not change substan- tially the form of the action, and may also in any stage of the proceedings disregard any error or defect which shall not affect the substantial rights of the adverse party, and may make any w*p j less the said facts contro- ■f shall apply order made 5 at the then OQ conducted e said Court ial be moved ecd to make ry as accord- all seem just n in the said crs aforesaid, ncery, (wh^'i lority of this plicable to a ounty Courts ity to enforce and Decrees, inbefore and all Sheriffs, Officers, shall ty Courts rc- hcn required said County and on such im so filed as g thereto, by a uiistp'ie in s material to icdiug to the anjrc substan- stage of the lall not affect 11 ay make any ' 16 Vic, Chap. 119. 231) Order for granting time to the Plaintiff or Defendant to pro- ceed in the prosecution or defence of his suit that to such Judgi may seem necessary for the ends of justice. XI. And he it, d-c, That every Order by the Judge of the now orders County Court, made upon the hearing of any such claim as forced, aforesaid, or in respect to such claim and suit, or in respect to the matters hereinbefore or hereinafter mentioned, may be enforced in the same manner as any Judgment or any Order of a County Court is or may be enforced in the said County Court, under the existing provisions of law in relation to the said Courts, so far as such provisions arc applicable, or in such other manner as may be prescribed by Rules to be made in the manner hereinafter mentioned. XII. And be if, d'c. That the Judge before or upon any judge to , . 1 • 1 X 1 • i 1 • have the hearing or trial, or upon taking any accounts or making any game power inquiries, shall have the same powers and authority to order chancery*to the parties to produce books, papers and writings as is possessed d^i^ctLn^of by the Court of Chancery, and may cause advertisements for ^gr^jg^.f'^' Creditors and next of kin, or other unascertained persons, and °^*^°*^' ^'^^ the representatives of such as may be dead, to be published in the usual forms or otherwise, as the circumstances may require, and in such advertisements, appoint a time within which such persons are to come in and prove their claims, and within which time, unless they so come in, they are to be excluded from the boneiit of the Order. XIII. And he it, dc, That no Order, Direction, Verdict, xoordor.&c Decree or Judgment, or other proceeding made concerning i^nye^for*^^a|',t" of the matters aforesaid, shall be reversed, quashed or vacated "* ^'^^'^' fur want of form. XIV. And he it, dc, That evory Summons, (except the summons (Summons at the commencement of the action). Order, Notice Jgrvej" or other proceeding, shall be served ten days at least before the day on which the same is returnable, or the action there- under intended, except where otherwise directed by the said Judge. H m 240 Statutes of Practical Utility. Cogtg. XV. And he it, <£*c., That the costs in every action or pro- ceeding brought or had under the authority of this Act in the said County Courts respectively, shall be paid by or appor- tioned between the parties in such manner as the Judge shall thirk fit, and that in default of any special directions the costs shall abide the event of the action or proceeding. AffidaTits. XVI. And he it, cCc, That all affidavits to be used in the said County Courts respectively may be sworn before any Judge or Clerk of the said Courts, or before any Commissioner for taking affidavits in the Superior Courts at Toronto. Claims may XVII. And hc it, &c.. That any claim as aforcsaid entered cases be re- in a County Court under the provisions of this Act, shall be Chancery, removcablc by either party into the Court of Chancery by Or- der of the said Court, to be obtained on a summary application by motion or petition supported by affidavit, of which reasona- ble notice shall be given to the opposite party, and the said Order shall be made on such terms n.; to payment of costs, giv- ing security in respect to the relief claimed and costs, or upon such other terms as to the said Court of Chancery shall seem reasonable, just and proper ; but no claim shall be so removed as aforesaid, unless the said Court of Chancery shall be of opinion that the same is of such a nature as to render it pro- per that the same should be withdrawn from the jurisdiction of the said County Court, and disposed of in the said Court of Chancery. Appeal given to (JLanccry. Proviso. XVIII. And he it, &c.. That either party may appeal to the said Court of Chancery against any Order or Decree made by the Judge in any County Court under the provisions of this Act ; and the said Court of Chancery shall make such Order thereupon in respect to costs and otherwise, or for referring back the same matter to the Judge before whom the same has been first heard, as shall be just and proper; Provided always, That before the County Court Judge shall be called on to cer- tify the said Order or other matter appealed against to the said Court of Chancery, the party appealing shall enter into a recog- nizance, with sufficient bail to the satisfaction of the said 16 Vic, Chap. 119. 241 Judge, to pny the sum decreed in case no relief shall be had on Buch appeal, or to obey the said Order, (or as the case may be), and that when the party appealing appears by Attorney, an affidavit shall be made by such Attorney, that the appeal is not intended for delay as he believes, and that there is in his opinion probable cause for reversing the Order or Decree against which the appeal is made ; and the said Court of chancery Chancery shall specially make the necessary regulations for the n.g^ation6. practice to be observed in proceedings under this and the next preceding section. XIX. And in order that procedure under this Act may be Chancery to nil -1 !/»• •!• t-i frame gfDo- fully traced out, and from time to time be improved and ren- rai Kuiesand dcred as simple, speedy and cheap as may be — Be it, <£'(^.,rairjingthi8 That it shall be the duty of the Judges of the said Court of effect? " Chancery, and they are hereby authorized and empowered to frame such General Rules and Orders and all such forms as to them shall seem expedient, for and concerning the practice and proceedings in the said County Courts in relation to the powers conferred on such Courts by this Act, and for the execution of the Orders and Process under this Act, and in relation to any of the provisions thereof as to which there may arise doubts ; and from time to time to alter and amend such Rules, Orders and Forms, and also the forms and mode of procedure pre- ^^"^^^1^^ scribed by this Act: and such Rules, and Orders and Forms "'*"'•'• as shall be made and framed by the said Judges or any two of TJi^'i"^ effect. them, (of whom the Chancellor of Upper Canada shall be one,) shull .rom and after a day to be named therein, be in force in every County Court in Upper Canada, and shall be of the same force and effect as if tlie same had been embodied in this or some other Act of Parliament. XX. And he it, i^c, That there shall be payable on every ^q^s payable proceeding for equitable relief or other proceeding under tliis*"^^*'^""''* Act in the said County Courts respectively, the fees which are set down for such proceeding respectively in the Schedule to this Act marked C, and that the Clerks of the said County Courts respectively, shall keep a separate account of such fecH, and shall render an account to the Receiver General of fees in !J 242 Statutes of Practical Utility. flow to bo his County, and shall pay over the amount of such fees to such accounted -r.. ^ < i i i«i»i'.' v i for, 4c. Receiver General, under the same liabilities, securities and conditions, and to be accounted for in like manner as the present General Fee Fund of the County, and that the several provisions of the 8 Vic c. 13, in lelation to the receiving, accounting for and paying over fees, and in relation to the responsibilities and duties of County Treasurer and Clerks, shall apply to the fees under this Act as fully as if the said provisions were herein contained and re-enacted. othorFces. XXI. And he it, tf'c. That there shall be payable to the Clerk of every County Court, and to the Sheriff of every County respectively, the fees which are set down for such proceedings respectively in the Schedule to this Act annexed marked D, and that the scale of costs to be paid to Attorneys and Counsel in the said County Courts, as between party and party, for proceedings under this Act, shall be according to Schedule E to this Act annexed. Nooostflto XXII. And he it, dx.. That if any action or proceeding be Plaintiff pro- ... . . ceedingin commcaced in the said Court of Chancery after this Act shall instead of come into force, for any cause or claim which might have been Act. entered in a County Court under this Act, no costs shall be taxed against the Defendant in such action or proceeding, and the Defendant, if he shall succeed In his action, shall be enti- tled of right to a Decree against the Plaintiff for his costs, as between Attorney and Client, unless the said Court of xcep ion. (^]jj^jjQQj.y gjjj^]] ]jQ yf opinion that it was a fit cause or claim to be withdrawn from a County Court and entered in the said Court of Chancery. ™'rporated XXIII. And he it, &c., That this Act, and the several Acts with other ^f Parliament now in force relatins; to County Courts, or affcct- Court Acts, ing in any way their powers or practice, shall be read and con- strued as one Act, as if the several provisions therein contained, not inconsistent with the provision of this Act, or inapplicable, to an equitable jurisdiction, were repeated and re-enacted iu this Act. 16 Vic, Chap. 119. 24;; XXIV. And he it, '><■t Titi* of this Art. of Parliament, and in legal instruments and other proceedings, it shall be sufficient to use the expression, ''The County Courts Equity Extension Act. Commence- XXVI. And he it, <£'c.. That this Act shall commeneo and take eff"ect on the Thirty-first day of December next after thc°>ont of Art. passing hereof. ;t ■ SCHEDULE A. In the County Court of the County of A. E., of the Township of in the said County, states, from the day of down to the d:;y of he, and C. D., of the Township of in the said County, carried on the business of in co-partnership, under certain articles of co-partnership dated the day of and made between the said A. B. and the said C. D., on the day of {or under a verbal agreement, &c., as the case may be), that the said co-partnership was dissolved (or expired, as the case I, ■'**H vj44 Statutes of Practical Utility. may bo), on tho day of yet that the said C. D. re- fuses to account with the said A. B. concerning the dealings and transactions thereof. The said A. B. claims relief in the premises, and that an account of the partnership dealings and transactions between the said A. li. and C. 1)., may be taken, and the affairs and business of the said Co-partnership wound up and settled under the direction of the said Court, and such further relief given as may be just and proper. And the said A. B. requests that a Writ of Summons be issued from the Court, according to the Statute in that behalf, requiring the said C. I), to appear on the day of before the Judge of the Court, to show cause, if he can, why the relief claimed by the said A. B. should not be had, and such Order iu tho premises made as may be just. Dated the day of A. B., in person. (Or A. B. by J. P., one, &c.) Victoria, &c., (County of SCHEDULE B. To C. D. of Greeting [L. S.] You are hereby summoned to appear either in per- son or by Attorney before His Honor the Judge of the County Court of the County of on the day of , at twelve o'clock noon, at the Court House in the town of to answer the complaint of A. B. of the, &c. who has filed a claim against you in this Court for an account of the dealings and transactions respecting a partnership between you and the said A. B. now expired, (or as the case may be, stating briefly the nature of the claim) a certified copy of which claim is hereunto attached, and you are required then and there to show cause, if you can, why such relief as is claimed by the said A. B. should not be had, or why such Order as shall be just, with reference to the claim, shall not be made. Witness, County of - - Esquire, Judge of the County Court cf the at , this day of 10 ViC, Chap. 110. i4.'. SCIIKDULK C. )'^'ex to he rcreivnl In/ the Chrk nnd to hclovf) and to he paid over to tlic Fro, Fund. Evorj c'aim filt'J Oiio SliiUltif^ and Three Pence; Every Writ of i^uniinon.s, or other Writ under the Soul of the Court, One Shilling and Throe Police; every Order or application for Order, One Shilling and Throe Pence; every Hearing, Five Shillings, to bo increased in the discretion of the Judge to a .sum not exceeding Ten Shillings; every Oath administered in Court, One shilling ; every Certificate unde* Seal of Court, One Shilling and Three Pence; every Sitting in 'aking an accouit; or other Sittings, Pivo Shillings. SUIIKDULE D. Fees to tlw Ckrh. lleceiving and filing Claim, Four Pence ; every Writ of Summons, or other Writ, One Shilling; filing every separate paper, Three Pence ; preparing Order, One Shilling and Four Pence per folio for every folio over three; taking any AfTidavit other than oath in open Court, One Shilling; every Search, Six Pence; recording every final Order or Decree, One Shilling; other Orders, Six Pence; every Certificate not exceeding three folios. One Shilling; every Special Writ, Writ of Execution or other Special Document, Eight Pence per folio; taxing costs. One Shilling; every attendance on reference, Five Shillings: every Verdict taken. Two Shillings and Six Pence. Fee'A to tlic Sheriff. Every Summons or Order Served, including lleturn. Two Shillings and Six Pence; every Jury sworn. Two Shillings and Six I'cnce ; every Execution or Judgment Order received, One Shilling and Three Pence ; return thereof, money made or party arrested. One Shilling and Three Pence; necessary mileage actually travelled. Four Pence per mile; and for other services, a sum to be fixed by Order of the Judge not exceed- ing the present allowance by Statute for similar services. 1 ii" ; 24(> Statutes of Practical Utility. SCHEDULE E. Attornpy and Solicitor. Instructions to sue or defend, Two Shillings and Six Pence ; Drawing (Maim, Two Shillings and Six Pence; Fee on every Writ or Order, One Shilling and Three Pence; Common Affi- davits One Shilling; Common Notice or Appointment, One Shilling; Every necessary Attendance, Six Pence; Special Affidavits and other Special Documents, Ei^ht Pence per folio; Fee on Common Motions, One Shilling and Three Pence; Co}iy of every paper when necessary, half the amount allowed for the Original; Bill of Costs, One Shilling; Postages actu- ally paid. Counsel. Fee on Special Applications, Arguments, Hearings, &c , Ton Shillings, to be increased at the discretion of the Judge to Twenty-tive Shillings. i 'i- IG VICTORIA.— CHAP. 175. An Act to provide for the more equal distribution o/husinenii in, and fa improve the practice of the Superior Courts of Common Laio in Upper Canada, and for other purposes there in men t ion ed. [Assented to 14th June, 1853.1 I. ) to [- inclusive, llcpcaled by 19 Vic. c. 43. XIII. ) oawhatdays XIV. And he it, tf'c. That the Sheriff of each County or »nd during ... . what hours United Counties in Upper Canada, shall keep his office open 0. shall keep each day, cxccpt Sunday, Christmas Day, (J ood Iriday, and <(nmj. the liirth-day ot the Sovereign, irom ten o cluck in the forenoon until four o'clock in the afternoon, and during all that time the said Sheriff, his Deputy or some Clerk coiii[)Oient to do business for him, shall be present to transact the business of the office ; and that upon the delivery of any Writ of Sum- t'- 16 Vic, Chap. 175. 147 mons at the said office to be served by the Sheriif, he, his Deputy or Clerk, shall endorse thereon the time it was so delivered, and in case such Summons shall not be fully and deUverV?o"^ completely served within ten days after such delivery, then endorsed* on the PiaintifF, his Attorney or Agent, shall be entitled to ^^''^t^^ p™" receive back the said Writ, and such Sheriff, Deputy Sheriff'*'*'^"'"®"^* ' ' r J served with- er Clerk, shall endorse thereupon the time of such re-doliveryjl^a certain of such Writ, and in the taxation of cost, the costs of the mileage and service of such Writ by any literate person after- wards, shall be allowed as if the same had been served by the Sheriff or his officer ; and if such Sheriff sh;ill neglect or refuse to return any such Writ after the expiration of the said ten days, the Plaintiff shall be at liberty to issue a Duplicate, Penalty for Alias or other Writ on the Prwcipe already filed, and the costs ing a writ as of the first or other writ not returned as aforesaid shall and quired/*" may be charged against and recovered from the said Sheriff by the Plaintiff or his Attorney. XV. [Repealed by 19 Vic, c. 43.] XVI. And he it, &c., That in the event of any Clerk ofincaseof Assize being absent, or being prevented by illness or other cnerrof" cause from performing his duties as such Clerk, the presiding ^umtMoaci Judge of Assize may authorize some person to act as Clerk of Assize J Provided that if such Clerk so absent or prevented (,q„„|(,jj^j^. from performing his duties as aforesaid, be not a Clerk of aac^^™cep. County Court, the Clerk of the County Court, of the"""- County or United Counties, as the case may be (except the United Counties of York, Ontario and Peel,) may perform the duties of Clerk of Ansize, and such County Clerk, or other Ron^unera- person so substituted, shall be entitled to receive the remune- ration payable for the performance of such duties. XVIT. And he it, iSrc, That in addition to the duties •Twiges of authorized and required to be performed by the Judges of the Courts may County Courts in Upper Canada, by the thirty-fifth section oftionsand the Act of the Parliament of this Province, passed in the mouses for twelfth year of Her Majesty's Reign, and chaptered amongst ^.p^sl'i'u'ad- the Public Acts of the Session as chapter sixty-three, the said thi'iTduWs Judges are hereby authorized and required to hear and deter- "'cs/s, 35. " .•'i! i 111 II ■ jf 248 Statutes of Practical Utility. N. R., No. mine applications, and to grant Summonses and Orders for the payment of moneys into Court, for tbe allowance of Bail and security for Costs, and also Summonses and Orders for the admission of documents in evidence under the twenty-dghth Rule of the Rules, Orders and Regidations referred, to in the Act of the Parliament of this Province, passed in the sixth year of Her Majesty^ Reign, and chaptered amongst the public general Acts as Chapter nineteen, in suits depending in the Superior Courts of Common Law in Upper Canada; subject to the same provisions, restrictions and right of appeal as other applications made under the said thirty-fifth Section of the Act in this Section first above mentioned. !T^v°°fiV XVIII. And he it, &c., That the tenth Section of the Act &1&V.C. 118, ' ' BuspHndcd, of the Parliament of this Province, passed in the Session held while W. A. ' ^ CampMi in the fourteenth and fifteenth years of Her Majesty's Reign, ■holds certain f J J in ) offlceb. and chaptered amongst the public general Acts of the Session in which the same was passed, as chapter one hundred and eighteen, in so far as the same relates to certain duties to be discharged under the said section by the several Clerks of Assize in Upper Canada, shall be and is hereby suspended, so long as William Alexander Cambell shall continue to hold the OfiSce of Marshal and Clerk of Assize for the County of York. Cerfain XIX. And he if, &c., That William Alexander Campbell, posed''o™'w. so long as he shall continue to be the IMarshal and Clerk of whiie'he*^^ Assize of the County of York, shall procure from the Judges Midoflices. of the Superior Courts the several precepts for the return of Panels of Grand and Petit Jurors for any Sittings or Sessions of Assize, Nisi Prius, Oyer and Terminer, and Gaol Delivery, and transmit the same to the several Sheriffs or other Officers to whom the return of such precepts shall severally belong, as soon as conveniently may be after the commission, or other day upon which the Jurors to be returned upon such precepts are to be summoned to attend, shall or may be known, and where such day is fixed by law, then as soon as conveniently may be after the close of the last precedinir sittings of the same Courts j and for preparing, procuring and transmitting IG Vic, Chap. 175. 240 iers for tlie if Bail and crs for tho ^enty-cUjlith 'rf to in the 'n the sixth mongat the spending in ir Canada ; it of appeal fth Section of the Act ession held ity's Reign, the Session indred and uties to he 1 Clerks of upended, so ue to hold County of Campbell, d Clerk of the Judges return of Dr Sessions 1 Delivery, ler Officers ly belong, or other h precepts Hown, and nvenientiy igs of the ansmitting each precept, he shall be entitled to receive Five Shillings, payable out of the Fee Fund. XX. And he it,<(rc., That from and after the passing of no action for this Act, no Attorney or Solicitor, nor any Executor, Adniinis-f,"j,'s\,r'^goii. trator, or Assignee of any Attorney or Solicitor in Upper toTe ''<•('''"' I'om- Canada, shall commence or maintain any action or suit for the "j'^Ji^p^^Jj" recovery of any fees, charges or disbursements, for any business |n\Vn'|,*Rfte"*' done by such Attorney or Solicitor, until the expiration of one? *^'''^^^"'' •' J ' t have hei'n month after such Attorney or Solicitor, or the Executor, Ad-*"*"^*°*''" " ' ' pai'ty ministrator or Assignee of such Attorney or Solicitor, shall ^^"'r-'ed. o ^ J Party have been delivered unto the party to be charixcd therewith, or <"^«''t-'"i may , . . ' . Jw^'i the i:i!l sent bv the Post to or left for him at his countincr-house, ofiicc n-nrrcdfor . 1 taxHtion. of business, dwelling-house, or last known place of abode, aNof^uittobf. Bill of such fees, charges and disbursements, and which Bill it jxndinp shall either be subscribed with the proper hand of such Attor-ence. ney or Solicitor, (or, in the case of partnership, by any of the pnrtners, cither with his own name, or with the name or style of such partnership), or of the Executor, Administrator, or Assignee of such Attorney or Solicitor, or be enclosed in or accompanied by a letter subscribed in like manner, referring to such Bill ; and upon the application of the party chargeable by such Bill within such month, it shall be lawful for any of the Superior Courts of Law or Equity, or any Judge of cither of them, or any Judge of a County Court in Upper Canada, and they are horeb}- respectively required, to refer such Bill, and the demand of such Attorney or Solicitor, Executor, Ad- ministrator or Assignee, thereupon to be taxed and settled by the proper officer of any of the Courts in which any of tho business charged for in such Bill may have been done, without any monc}'^ being brought into Court; and the Court or Judge -j-j^,, ^^^_,.. making such reference shall restrain such Attorney or Solicitor, ,\pp)y fj ™''-^ or Executor, Administrator or Assignee of such Attorney or^"''""'/'^'''- ' f^ •' erice after a Solicitor, from commencing any action or suit touching such'^'^'""" ♦*'"»• demand pendino; such reference; and in case no such npplica-,, ^ , . . '^ ' No suit to be tion as aforesaid shall be made within such month as aforesaid, '""f"''''^ perdiiip then it shall be lawful for such reference to be made as afore- ^"'•"•i.'fei- suid, either upon the application of the Attorney or Solicitor, or the Executor, Administrator, or Assignee of such Attorney race I .t !l I . 250 Statutes op Practical Utility. .i VroviKO : Ruch refor or Solicitor, whose Bill may have been so as aforesaid delivered, sent, or left, or upon the application of the part^' chargeable by such Bill, with such directions and subject to such conditions as the Court or Judge making such reference shall think pio- per; and such Court or Judge may restrain such Attorney or Solicitor, or the Executor, Administrater or Assignee of sucli Attorney or Solicitor, from commencing or prosecuting any action or suit touching such demand pending such reference, upon such terms as shall be thought proper : Provided always, encenotto that no such refcrcncc, as aforesaid, shall be directed upon an be madi' m _ ^ ' ' * curtuacaiics. application made by the party chargeable with such Bill after a verdict shall have been obtained or a Writ of In(juiry exe- cuted :n any action for the recovery of the demand of such Attorney or Solicitor, or Executor, Administrator or Assignee of such Attorney or Solicitor, or after the expiration of twelve months after such Bill shall have been delivered, sent or left hxcptions. ,^g aforesaid, except under special circumstances, to be prov' d to the satisfaction of the Court or Judge to whom the applica- maTbeea; tion for such reference shall be made j and upon every sucli eith'^r party ^'efercnuc, if cither the Attorney or Solicitor, or Executor, fail to attend ^\^(|„ijj^|gtrator, or Assignee of the Attorney or Solicitor, whose Bill shall have been delivered, sent, or left, or the party chargeable with such Bill having due notice, sludl refuse or neglect to attend such taxation, the Officer to whom such reference shall be made may proceed to tax and settle such Bill Costfl of refer- and demand ex parte ; and in case any such reference as aforc- eiice how -^ ... p»id. said shall be made upon the application of the party chargeable W'th such Bill, or upon the application of such Attorney or Solicitor, or the Executor, Administrator, or Assignee of such Attorney or Solicitor, and the party chargeable with such l^ill shall attend upon such taxation, the costs of such reference shall, except as hereinafter provided for, be paid according to the event of such taxation, that is to say: if such Bill when taxed be less by a sixth part than the Bill delivered, sent, or left, then such Attorney or Solicitor, or Executor, Adminis- trator, or Assignee of such Attorney or Solicitor, shall pay such costs; and if such Bill when taxed shall not be less by :i sixth part than the Bill delivered, sent, or left, then the party '** ;aid delivered, chargeable by leli conditions all think pio- 1 Attorney or ignce of such osecutiii":; any uch reference, ovided always, 3cted upon an uch Bill after ' Inquiry exe- inand of such 3r or Assignee ition of twelve id, sent or left ?, to be prov- d m the applica- lou every such or Executor, olicitor, whose or the party shidl refuse or to whom such ettle such Bill rencc as uforc- irty chargeable 1 Attorney or I'jignee of such w^ith such l^ill such reference d according to uch Bill when ivcrcd, sent, or utor, Adniinis- .;itor, sliall pay ot be less by a then the party 16 Yic, CiTAP. 175. 251 chargeable with such Bill, maldng such application or so at- tending, shall pay such costs; and every order to be made for such reference as aforesaid, shall direct the Officer to whom such reference shall be made, to tax such costs of such refer- ence to be so paid as aforesaid, and to certify what, upon such reference, shall be found to be due to or i'rom such Attorney or Solicitor, or Executor, Administrator, or Assignee of such At- torney or Solicitor in respect of such Bill and demand, and of the costs of such reference, if payable: Provided also, thatrroyiso: such Officer shall in all cases be at I'berty to certify specially n- Courts of Law or Equity or a County Judge, to authorize an toil^ave'i'.c! Attorney or vSolicitor to commence an action or suit for the recovery of his fees, charg-cs or disbursements against the partv chargeable therev»'ith, although one month shall not have ex- pired from the delivery of a ])ill as aforesaid, on proof to the satisfaction of the said Judge that there is probable cause for believing that such party is about to nuit Upper Canada. i!h",«a" ^^-^- -I"''' ''-"' ''^ 'f"''-5 '-^'J^^<^ ^^■^i^'i'G ''i»y person not the thanVhi"^"" P^^^ty chargeable with any such Eill within the meaning of the rhal'^'HaWe provisious hcrcinbcfore contained, shall be liable to pay or shall ^?'"VV"""""*' have paid such Bill either to the Attorney or Solicitor, his liab'n tn pay x J J any Bill. Exccutor, Administrator or Assignee, or to the party chargea- ble with such Bill as aforesaid, it shall be lawful for such per- son his Executor, Administrator or Assignee, to make such application for a reference for the taxation and settlement of such Bill as the party chargeable therewith might himself make, and the same reference and order shall be made there- upon, and the same course pursued in all respects, as if such application was made by the party so chargeable with such Bill as aforesaid : l*rovided always, that in case such application is made when, under the provisions herein contained, d reference l^sorN^hero i^ iJot authorized to be made except under special circumstances, Dotautho"' it shall be lawful for the Court or Judge to whom such appli- mMW^^pedai ^'^ti*^'^ shall be made, to take into consideration any additional Bta'tic.'"! special circumstances applicable to the person making such ap- plic:itiun, although such circumstances might not be applicable to the party so chargeable with the said Bill as aforesaid, if he was the party making the application. XXIT. And hr it, iC'-., Tint foi' Uia purpose of any such reference upon the application of the person not being the party chargeable within the meaning of the last preceding Section, or ProTipo : wli<)M appli- cation is .TudRo miy or(i(»r (1 11- vory of a '■■M>V <,f till' iiill to the ixrty not oriiinallv <;harjj*.ab!.;. of a party interested US aforesiMd, it shall be lawful for such 16 Vic, Chap. 175. 253 csaid ; but ty to shew ill a VAW as : rrovidcd ic Supciiov utliorize an suit fur the ist the party lot have ox- proof to the »lo cause for anada. ;on not the saning of the [) pay or shall Solicitor, his arty chargea- for such per- niake such icttlonicnt of itiht hin)t:clf made there- Is, as if such ith such Bill pplication is d, reference Ircumstanccs, li such appli- ly additional ing such ap- |be applicable ircsaid, if he )f any such fingthe party g Section, or ['ul for such Court or Judge to order any such Attorney or Solicitor, or the Executor, Administrator or Assignee of any such Attorney or Solicitor, to deliver to the party making such application a copy of such Bill, upon payment of the costs of such copy : I'rovided rroviso. always, that no Bill which shall have been previously taxed and settled shall be again referred, unless under special circum- stances, the Court or Judge to whom such application is made shall think fit to direct a retaxtition thereof. XXIII. And he if, iCv., That the payment of any such Bill Payment of as aforesaid, shall in no case preclude the Court or Judge to pncimie re- whom application shall be made, from lofcrring such Bill fur spcciaiVir- taxation, if tiie special circumstances of the case shall in the ,vi,u'i,',. it. opinion of such Court or Judge appear to require the same, upon such terms and conditions and subject to such directions as to such Court or Judge shall seem right; Provided the rmviso. application for such reference bo made within twelve calendar mouths after payment. XXIV. And ha if, (Cv,, That in all Cases in which such Tuxin-? om- Bill shall have bem referred to bo taxed and settled, the,,uirc tiw Officer to whom such reference is made, shall be at liberty to an ofiicer of request the proper Olhcer of any other Court having such an comt, "^ Officer, to assist him in taxing and settling any part of such Bill, and such officer so r< quested, shall thereupon proceed to tax and settle the same, and shall have the same powers, and ^*^^^' may receive the same fees in respect thereof, as upon a refer- ence to him by the Court of which he is such officer, and shall return the same, with his ojiinion, thereon, to the Officer who shall hav^ so requested hnn to tax and settle the same. XXV. And he if, dr., That all applications made under the Appiii-.-itionH foregoing provisions to refer any such Bill as aforesaid to be J!'V,','Jj^"J^yj. taxed or settled, and for the delivery of such Bill, and for the ^i;;"^',!,^'' delivering up of deeds, documents and ])apcrs, shall be made pp,.tiiic(tte of in the matter of such Attorney or Solicitor ; and upon the {'iVVi^'^comiu' taxation and settlement of any such Bill, the certificate of *''^*'" 'J"^''"-" »' ' But aside. the Officer by whom such Bill shall be taxed shall (unless set aside or altered by order of a Judge, Decree or llule of Court,) ( , ■ 254 Statutes of Practical Utility. bo final and conclusive as to the amount thereof, and payment of the amount certified to be due and directed to be paid may be enforced according to the cour.se of the Court in which such reference shall be made. XXVI. to XXIX. inclusive. Repealed by 10 k 20 "\'ic. c. 41]. Commence- meat of Act. XXX AnJ he it, tCr., That this Act .shall come into force ar ' "-iio effect upon, from and after the first day of July, one tho ' nd „ i;ht hundred and fifty-three, and not before. Pitamblo. Actions for things dime within juri'<- dictiontpfthe Justii-e to tie on the case as for a tort. Malice and want of probable cause must bo alleged and proved. Actions when the Justice shall have exccHil- cd his juris- diction may lie without such allega- tion. IG VICTORIA.— CHAP. 180. . All Act to protect Justices of the Peace in Upper Canada from Vexations Actions. [Assented to 14th Juno, 1850.] Whereas it is expedient to protect Justices of the Peace in Upper Canada in the execution of their duty : Be it, tCr., That every Action hereafter to bo brought against any Justice of the Peace in Upper Canada, for any act done by him in tlio execution of his duty as such Justice, with respect to any matter within his jurisdiction as such Justice, shall be an action on the case as for a tort ; and in the declaration it shall be expressly alleged that such act was done maliciously and without reasonable and probable cause; and if at the trial of any such Action, upon the general issue being pleaded, the Plaintiff shall fail to prove such allegation, he shall be non- suit or a verdict shall be given for the Defendant. II. And he it, <£•(■., That for any act done by a Justice of the Peace in a matter of which by law he has not jurisdiction, or in which he shall have exceeded his jurisdiction, any per- son injured thereby, or by any act done under any Conviction or Order made or Warrant issued by such Justice in any such matter, may maintain an action against such Justice in the same form and in the same case as he might have done before the passing of this Act, without making any allegation in his 16 Yic, Chap. ISO. 255 d payment e paid may wliich such '. c. 4o. 3 into force fjuly, ono sfoi'c. /• Canada unc, 1853.] tlie Peace in Be it, dr., , any Justice him in the pect to any shall be an tion it shall iciously and tlie trial of pleaded, the hall be nou- a Justice of jurisdiction, on, any pcr- y Conviction in any such istico in the 3 done before oration in his c5 declaration that the act complained uf was done maliciously and without reasonable and probable cause: l*rovided never- jj^^ ^nt for thelcss, that no such Action shall be brought for any thing ',''^j^'JJ"(!Jj°jj. done under such Conviction or Order until after such Convie-X''^l'"°*"'.„ Order until tion or Order shall have been quashed, cither upon appeal or *''" 'l'''^'' *^' upon application to one of the Superior Courts of Common Law for Upper Canada ; nor shall any such action be brought , * ' •' _ '^ Nor for an for any thing done under any such Warrant which shall have a<« done , . , r , . 'indnr a been issued by such Justice to procure the appearance of such warrant to 1 i«i 1111 1 f>n 11 n • • I'ompel ap- party, and which shall have been lullowed by a Conviction or pearamo. if Order in the same matter, until alter such Conviction or Order were pi evi- shall have been so quashed as aforesaid; or if such last ami ^lo/ mentioned Warrant shall not have been follow< » b any such" '^^*^ " Conviction or Order, or if it be a Warrant upor an iu.brmation for an alleged indictable offence, nevertheless if a Summons were issued previously to such Warrant, and s ich Summons were served upon such person, cither pevsc \ally or by leaving ^he same for him with some person at his .ast or most usual place of abode, and he did not appear according to the exigency of such summons, in such case no such action shall be main- tained against such Justice for any thing done under such Warrant. III. And he if, (tr.. That where a Conviction or Ordcrif ono .tus- shall be made by one or more Justices of the Peace, and a Conviction, Warrant of distress or of commitment shall be granted thereon oalcr grant by some other Justice of the Peace bona fide and without action must collusion, no Action shall be brought against the Justice who tbe^former. so granted such Warrant by reason cf any defect in such Conviction or Order, or for any want of jurisdiction in the Justice or Justices who made the same, but the action (if any) shall be brouiiiht ac-ainst the Justice or Juticcs who made such Conviction or Order. IV. And whereas it would conduce to the advancement of if a Justice justice, and render uiore effective and certain the performance any art, of the duties of Justices, and give them protection in the per. Superior formance of the same, if some simple uicans, not attended co^nfon with much expensC; were devised by which the legality of any county"* t; ti } i.i o. it, &c., That in all cases where a Justice or Justices of the Peace shall refuse to do any act relating to the duties of his or their office as such Justice or Justices, it shall be lawful for the party requiring such act to be done to apply to cither of the Superior Courts of Common Law in Upper Canada, or to the Judge of the County Court of the County or United Counties in which such Justice or Justices may reside, upon an affidavit of the facts, for a rule calling upon such Justice or Justices, and also the party to bo atfoctcd by such act, to show cause wliy such act should not be done; and if after due service of such rule good cause shall not be shown against it, the said Court may make the same absolute, with or without or upon payment of costs, as to them shall seem meet; and the said Justice or Justices upon being served with such rule absolute shall obey the same, and shall do the act recjuircd ; and no action or proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices, for having obeyed such rule and done such act so thereby required as aforesaid. After Con- V. And he it, <0o., That in all cases whe:e a Warrant of conflrmed'on Distrcss or Warrant of Commitment shall be granted by a Actkm'to'iie Justicc of the Peace upon any Conviction or Order which, don^uSer either before or after the granting of such Warrant, shall have upoaTtl"*^ been or shall be confirmed upon appeal, no Action shall be brought against such Justice who so granted such Warrant, for anything which may have been done under the same, by reason of any defect in such Conviction or Order. . If an Action VI. And hc it, &c. That in all cases where bv this Act it be brought ... contrary to ig euactcd that no Action shall be brouirht under particular this Act jud^'Hinay circumstanccs, if any such Action shall be brought, it shall be proceediugrt. lawful for a Judge of the Court in which the same shall be brought, upon application of the Defendant, and upon an aifi- '^ii. cd and nd- iich Justice any Action lini : lie. it, :iccs of the utics of li's )e lawful for to cither of anadu, or to or Unit< d I'Gsidc, upon ;ucli Justice buch act, to if after due 1 against it, or without meet ; and th such rule jt required ; commenced for havintr required as Warrant of ranted by a der which, diall have on shull be 1 AVarrant, ic samCj by this Act it r particular it shidl be me shall be ipon an affi- IG Vic, Chap. 180. 257 davit of facts, to set aside tho proceedings ia such Action, with or without costs, as to him shall seem meet. VII. And he it, i\'»''i^ I J ' ^ i ^ ^ ^ ^ Cniiad,". to action is pending, or if such Court is not sitting;, to any Judsre "^t''"'^ '*"' of any such Courts, that it is proper to compel the personal at- Courts in •^ . ' ^ . . ^ . Civil Cnsf'n tendance at any trial or enquete or examination of witnesses of '" either ■ 1 • 1 • 1 • • T • o t section of any witness who may not be within the jurisdiction of thetbci'roviuof, Court in which such action or suit is pending, it shall be law-' ful for such Court or Judge, if in their or his discretion it shall so seem fit, to order that a writ called a writ of suhpeena ad test [iic and inn or of sid)})(rna duces tecum sl'all issue in special form, commanding such witness to attend such trial or enquete or examination of witnesses wherever he shall be in Canada ; and the service of any such writ or process in any part of Canada, shall be as valid and effectual to all intents and pur- poses as if the same had been served within the jurisdiction of the Court from which it issues, according to the practice of such Court ; I'rovided always that no such writ shall be issued in any case in which an action is now pending or shall be hereafter, or has been already brought for the same cause of action, in that section of the Province, vrhcther Upper or Lower Canada re- spcctively, within which such witness or witnesses may reside. \\ 1'O.J Statutes of Practical Utility. Special Order to lie made. f ■ ■-} I'unl-liiiK'iit ol'iicisoiis not attfud- inRiii ohedii'tice to 8U(!l SIlUl- IIIOTIS. I'i'ovifo: Ueasonalile fXp'MlSl'H must liiivo ^wn icu- dsrcd. Proviso: Proof of wrvice liow i:iiidi'. II. Every such writ shall have at the foot or in the margin there ^, a statement or notice that the same is issued by the special order of the Court or Judge making such order, and no such writ shall issue without such special order. III. In case any person so served shall not appear according to the exigency of such writ or process, it shall be lawful iVir the Court out of which the same issued, upon proof made of the service thereof, and of such default, to the satisfaction of such Court, to transmit a certificate of such default, under the Seal of the same Court, to any of Her Majesty's Superior Courts of Law or Equity in that part of Canada in which the person so served shall reside, being out of the jurisdiction of the said Court so transmitting such certificate, and the said Court to which such certificate is so sent, shall and may hereupon ])ro- ceed against and punish such person so having made default, in like manner as they might have done if such person had neg- lected or refused to appear to a writ of subpoena or other simi- lar process issued out of such last mentioned Court : Provided always that no such certificate of default shall be transmitted by any Court, nor shall any person be punished for neglect 'v refusal to attend any trial or cnqurfe or examination of witr ,- ses, in obedience to any such subpoena or other similar process, unless it shall be made to appear to the Court transmitting and also to the Court receiving such certificate, that a reasonable and sufficient sum of money, according to the rate per diem and per n'ile allowed to witnesses by the law and practice of the Superior Courts of Law within the jurisdiction of which such person shall be found, to defray the expenses of coming and at- tending to srive evidence and of returning from aivine; such evidence, had been tendered to such person at the time when such writ of subpoena, or other similar process, was served upon such person : And provided also, that the service of such wiits of subpoe?'a or other similar process in Lower Canada, shall be proved by the certificate of a J^ailHf within the jurisdiction where the service is made, under his oath of office, and such service in Upper Canada by the affidavit of service endorsed on or annexed to such wnt by the person or persons serving the same. 18 Vic, Chap. 122. 263 IV. The costs of the attendance of any such witness shall Costs of at- , T"iT I'll! tendance, not he taxed against the adverse party to such suit, beyond the bow taxaiie. amount that would have been allowed on a commission rogatoire or to examine witnesses, unless the Court or Judge before whom such trial or cnqucte or examination of witnesses is had, shall so order. V. The several provisions of this Act shall apply to the Act to apply to cfiscs in summoning of witnesses residing within the jurisdiction of the Cirpuit Court Circuit Court held at any one place, to attend at any trial or Canada. enquete before the Circuit Court at any other place in Lower Canada. VI. Nothing herein contained shall alter or affect the power Act not to /» -L /^ X i " ' ' r lX. ' l' afTcct power of any such Courts to issue a commission for the examination to examine of witnesses out of their jurisdiction, in any cases in which, gioc"'"'" **" notwithstanding this Act, they shall think fit to issue such comr .-'■'^on. VII. Nothing herein contained shall alter or affect the ad- Act not to niissibility oi any evidence at any trial or proceeding, wliere sibiiity of such evidence is now by law receivable on the ground of any*^^^ ^^^'^' witness being beyond the jurisdiction of the Court, but the ad- missibility of all such evidence shall be determined as if this Act had not been passed. 18 VICTORIA.— CHAP. 122. An Act to extend and continue the Act intituled, An Act to provide for the accommodation of the Courts of Superior Jurisdiction in Upper Canada, and for other puiposes. [Assented to 19th May, 1855.] WuKREAS the Law Society of Upper Canada in consideration preamble. of the sum of six thousand pounds to them paid or to be paid in pursuance of the Act, intituled, An Act to jyrovide for ^AgO Vic. c. 33. accommudation (f the Courts of Superior Jurisdiction in Upper Canada, did on the twentieth day of Juno, one thou- sand eight hundred ami forty-six^ covenant with our Sovereign Lady the Queen, to provide suitable accommodation for the I r 264 Statutes of Practice t, TJtilltv. Superior Courts of Law and Equity in Upp'?r Oaunda at the seat of the said Society, for all time io come; And whereas for the purpose of carrying out the paid arrange men is, a tax or levy on certain proceedings in the Superior Courts of Law and Equity, and the Court of Appeal of Upper Canada, was author- ized under and by virtue of the said recited Act ; anr whereas the Law Society of Upper Canada have in pursunnce of the said arrangements made the necessary alterations an i additions at Osgoode Hall in the City of Toronto, for the use of the said Courts ; and whereas the said Society have by their Petition, dated Hilary Terra, 1852, represented, that in order to adapt their new building appropriately in its outward appearance to those already erected and to make adequate internal arrange- ments for the purposes intended, they were obliged to lay out and expend a much larger sum of money than was originally contemplated, and that consequently they now iind themselves involved in a debt of four thousand pounds ; And whereas since the date of the covenant so entered into by the Law Society as aforesaid, the Legislature has increased the number of the Superior Court in Upper Canada, and thus occasioned the necessity for further accommodation and additional expen- diture; And whereas it is expedient to assist the said Law Society in discharging the said dfiht of four thousand pounds, and it is further exp .r.i i to provide increased accommodation for the Superior Coui' ' In Upper Canada, and in order to ac- complish the same it is necessary to extend and continue the provisions of the said recited Act until the debt of the Law Society, and all costs of the said alterations and further ac- commodation shall have been discharged and paid : Be it, dc, as follows : if Debentures L For tho purposcs aforcsaid, it shall and may be lawful for may bu* the Govcmor of this Province to authorize the issue of debcn* tures for the sum of ten thousand pounds, in such form and in such sun s as may be found convenient ; such debentures to be at a rate of interest not to exceed six per cent, per annum and redeoiuable within twenty years. *' r ,., ; 18 Vic, Chap. 128. 2(35 ui'ia at the whereas for iS^ a tax or of Law and was author- anr whereas innce of the n 1 additiona of the said eir Petition, der to adapt )pearance to nal arrange- d to lay out IS originally themselves nd whereas )y the Law the number occasioned ional expen- e said Law ind pounds, ommodation order to ac- ;ontinue the of the Law further ac- lawful for e of debcn- mm and in nturos to bo annum and II. For the purpose of paying t^.':. interest lu such deben- riiyr./ni; r,f tures and Hquiduting the principal thereof, there shall be iiririciivii levied, imposed and collected on the proceedings in Law and Equity in Upper Canada, the sums set forth in tluit behalf in the Schedule to the said recited Act, and law proceedings shall be subject to the said levy, whether had in the Court of Queen's Bench or in the Court of Common Pleas. III. All the provisions of the said recited Act, so hr as the Act o v. c. 1.11 11 11111 33 to ajiplj same maybe applicable, are hereby extended to the debentures to Debon- ,. . ,, ,. f ^ • t. 1 11 tures under to be issued under the authority oi this Act, and to all matters this Act. relative to the said debentures, and to the sum to be thereby raised, in as full and ample a manner to all intents and pur- pose.?, as if the said sum of ten thousand pounds to be raised under the authority of this Act, had formed part of the sum to be raised under the provisions of the said recited Act. IV. The Interpretation Act shall apply to thi.^ Act. Interpreta- tion. 18 VICTOllIA.— CHAP. 128. An Art to amend and consoh'dafe the Arts relating to r>e appointment of Reportem to tlie several Conrts of Law anj Eqnitij in Upper Canada, and to repeal certain .(•■;- therein mentioned. [Assented to 30th May, 18-55.] Whereas it is expedient to repeal severe, Acts and parts ' f Prfar.iWo, Act.'') relating to the appointment of Reporters of Her Majesty's several Courts of Law and Equity in Upper Canada, and to amend and con.rulidate the provisions of the same : Be if, d'c, as follows : I. The Act of the Parliament of the late Province of tapper . , . ^ ^ ■ Act of U.C. Canada, pa.ssed in the fourth year of the reign of His late ^ ^' •.'■'• ^' Majesty, King George the Fourth, chapter three, and intituled, An Art providing for the piihliration of Reports of the deci- sions of Jlis Majesty s Court ff King's Bench in this Province, and also, the first, second, third, fourth, iifth, sixth and seventh 11 M 9i i" i I 2G6 Statutes of Practical Utility. c. -J, 8 V. c. 39. Sections of the Act of the said Province, passed in third jcrir of the reign of llcr present i\Iajc.^ty, chaptered two, and inti- rru"c*^av t"^cd, An Act for the better regulation of the Ojfice of lieporter to the Court of Queen^s Bench in this Province, and also the Act of the Parliament of this Province, passed in the eighth year of Her 3Jajesty's reign, chaptered thirty-nine, and inti- tuled, A.n Act to (lulhorize the aj)point7ncnt of a Reporter in the Court (f Clidncery, the Act of the Parliament of this I'ro- vince, passed in the twelfth year of Iler Majesty's reign, 12 V. c. Co, chaptered sixty-live and intituled^ An Act to increase the Salnry of the Reporter of the Court of Chancery in Upper Canada, and also the sixth, seventh, eight, ninth, tenth and KJi-uv. eleventh Sections of the Act 13 & 14 Vic. cap. 51, shall be pealed.' and the same are hereby repealed. upr of gei of U. C. in convoc to aiipoiiit iU-iiui'ters". Law Society II. It shall and may be lawful for the Law Society of Upper ation Canada in Convocation, by Instruments under the seal of the Society, to appoint some fit and proper person and persons to be Ileportors respectively of each of Her 31ajesty's three Superior Courts of Lav. and Equity in Upper Canada, that is to say, one for the Court of Queen's Bench, one for the Court of Chancery, and ore for the Court of Common Pleas, such lleporters to be severally amenable to the said Society in Con- covation fur the correct and faithful discharge of their respec- tive duties, and to be subje^rt to such rules and regulations for the discharge of the duties of their respective offices, including the printing and publishing of their reports, as already have been made, or as shall or may from time to time hereafter be i;-:adefor that purpose by the said Society iu Convocation, with th" .jpprobation of the Judges of Iler iMajesty's three Superior Court.- of Law and E(iuity for Upper Canada, as visitors of the said Society, passed and approved according to the usual course practised in respect of other genera^, rules of the said Society, with power to the said Society in Convocation from time to time to remove any of .such Reporters, and to appoint another in his place ; Provided always, that no person shall be eligible to the office of lieporter of any of the said Courts other than the members of the said Society of the degree of Barrister at I'l'dYlSO. ■.•1 '.-> third jcr.r o, and iiiti- /' 1\ (porter 'd also the the ei^rhth , and inti- irportrr in )f this I'ru- ^tj's rei and direct the manner in which tlie repor ts of sucl ast mcutioiu d d cttisions s and submitted for correction and hall b )e Tiiado, enterc( pprovai ot tlie indivn th 1 dual Judges who may have pronoutu-ed the same, at;d ;'''terwards printed and published, as the said Society i.v by this Act d to do with respect to tlu' decisions of sudi Com- cmpowerc mon liaw Courts ■ ] .■ft.,! in liaiu'. genera lb ail V 208 Statutes of Practical Utility. Pi-ovi-:i(in ^- It shall be lawful for the said Law Society of Upper t"rr.M)<>rTh>t'^^^"'''^^^' '" Convocutiou, bv any rule or rules already made or onhrcourt ^^'^^"^ ^'^^^^ ^^ t-^'"^ hereafter to be made with such approbation of KiTor arui j,^ aforcsaid accordinji; to the usual course of such Society, to make it part of the duty of the said three Reporters jointly or or of any two of such lleporters jointly or of any one of such Reporters separately, to act as Reporter of the decisions of Her Majesty's Court of Error and Appeal for Upper Canada, or to make it the duty of each of such Reporters separately to act as Reporter of such of the decisions of the said Court of Krror and Appeal as shall have been pronounced by such Court on AVrits or Petitions of Error or Appeal from the particular Court below of which such Reporter shall be the appointed Reporter as aforestiid, and by any such rule or rules so made or to be made as aforesaid, to regul:itG and direct the manner in which the reports of such last mentioned decisions shall be made, entered and subuiitted for correction and approval, and aftenvards printed and published, as the said Society is by this Act empowered to do with respect to the decisions of Her Majeysty's said three Superior Courts of Law and Equity for Upper Canada, as aforesaid. Pr r.'in'-aiui ^^- Each of sucli Reporters shall be at liberty to print and I'^'llJ^jg'"^^'^ publish such his Reports or a di<2,est thereof, and it shall be his duty so to do whenever thereto required by the said Law Societv in Convocation, wdien the same shall be done in such nuinner as the said Society by any i^eneral rule or rules made and approved as aforesaid already has directed, or from time to time hereafter shall or may direct in that behalf as aforesaid; i'rovided always, nevertheless, that the profits to arise from the publication of such Ptcports shall belong to each of such Re- porters respectivel}'. rroviso. y'lilarv "f V.-]'''rU-v<. VIL The Salary ofeach of such Reporters shall not exceed the sum of One Hundred and Fifty Pounds per annum, and ^-hall or may be fixed at or varied within that amount, as the .«aid Society in Convocation, with such approbation .is aforc- said, shall or may from time to time think just and proper. 18 Vic, Chap. 128. 269 f'f Upper f made or pprobatiori Society, to jointly or 110 of sucli uns of Ilcr I a da, or to ly to act as Krror and t on Writs oiirt below eportcr as bo made which the le, entered aftenvards ' this Act s of Her Equity for print and hall be his said Law QG in such "ulcs made )m time to aforesaid ; G from the such Ke- lot exceed num, and mt, as the us aforc- )ropcr. VIII. For the purpose of providing such Salaries, it shall How tho and may be lawful for the said Law Society in Convocation, by site to pay any rule or rules made or to be made by them with such ap- m»y be probation as aforesaid, to appoint such sum as they may think proper, not exceeding the sum of One Pound Five Shillings in respect of each Court, to be paid to the Treasurer of the said Society annually, by every Attorney of cither of the said Courts of Queen's Bench and Common Pleas practising therein, and by every Solicitor of the said Court of Chancery prac- tising therein ; and in case of persons being as well Solicitors of the said Court of Chancery as also Attorneys of both of such first mentioned Courts or cither of them, it shall and may be lawful for the said Society as they shall think fit, to appoint one sum of money to be paid by every such person annually as such Attorney or as such Solicitor and Attorney. IX. And whereas it would tend not only to tho greater con- Kecitui. veniencG of the gentle.uen practising in the said Courts, but also to the more easy and certain detection of such persons as shall so practise without having taken out the certificate here- tofore issued by the officers of the difierent Courts, upon the production to them respectively of the receipt of the Treasurer of the said Society for the said sura of money so appointed by the said Society as aforesaid, if such certificates were issued from the same office where such money is required to be paid as aforesaid : Be it, (Cr., that such certificate shall hereafter bo Ccrtificau?' issued by the Secretary of the said Law Society instead of the '>y the Si'crotiiry ut' officers of such Courts, for which purpose such Secretary shall of the Law be annually furnishixl with such certificates in blank by the re-"" spective Clerks of the Crown and Pleas and Registrar of such Courts respectively, as hereinafter more particularly provided ; Provided always, nevertheless, that no such certificate shall be ProviBo. so issued or delivered to any such Attt)rney or Solicitor, being at the time a member of the said Law Society of Upper Canada of what standing or degree soever, who shall at the time ot such payment of the said certificate fee, as hereinafter pro- vided, be indebted to the said Society for any term fee, or other fee or due payable to the said Society, until all such last nfll p ,1 .'i ■J "J 270 f'erfifi cafes to lit' issued yearly in MicliurlmiiH Term, iipciti payment v\' tile }'ees llitTft'jr. STATl:TE^^ OF PRACTICAL UTILITY. iiiontioncJ fees juicl dues slmll have bocti fully paiil and satis- lied to the Ti'casurcr of the said Society as well as the ;,iaid sum of money so appointed to be paid in roppcct of such certiticate as aforesaid, X. Every Attorney practising; in cither of tlie said Courts of Queen's ]>ench or Common Pleas, and every ^Solicitor practisinir in the said Court of Chancery, shall annually, in Michaelmas Term in each year, pay to the Treasurer of the Law Societ}' of Upper Canada such sum of money as already has been or here- after shall be in that behalf appointed as aforesaid, and there- upon the Secretary of the said Society shall fill np, issue, and deliver to such Attorney or Solicitor one or more of the cer- tificates with which lie shall have been so furnished in blank as aforesaid, of such Attorney or Solicitor being an Attorney or Solicitor of such Court, respectively. cieiksof XI. The Clerks of the Crown and Pleas of ITer Majesty's furnish the Courts of Quccu's ]3cnch aud Common IMeas at Toronto, and th7i!a'7^' the Picgistrar of the Court of Chancery there, shall as soon as CopU;s^/th!' c >iivcnioiitly may be after the passing of this Act, prepare and Attorneys, dclivcr to thc Secretary of the said Society, a copy certilicd Courts'^ ' '' ^^'^tler their respective hands and the seals of such Courts re- spectively, of the llolls of Attorneys and Solicitors of their re- spective Courts, as the same stood on the last day of the Vacation after Trinity Term in the year of our Lord one thou- sand eight hundred and fifty-four, and shall hereafter annually on or bfiore the last day of the Vacation after Trinity Term in each year, prepare and deliver to such Secretary or leave for him at his office in Osgoode Hall, a copy certified as aforesaid of all entries on such Kolls made on or before that day and sub- sequently to the last return made by them respectively to the said Secretary according to the provisions of this Act. fe 1 .'..1.! ii, i I'yM m nui Secretary tc^ -^^I- ^hc Secretary of the Law Society of LT pper Canada enter such j.]^y|} q^^^^, .^|i ^^^^^^ certified copies of Kolls in a book to bo kept in his office for that purpose, adding to each name a number by which the same may be the more readily referred to on thc same, so that the names on each copy of lloll when so entered If, ' I anil satls- e ijaitl sum I cei'titicate I Couit.s of ' practiisinir licliaolmas Suciet}' of en orlicrc- and tlicre- issue, and of the ccr- in blank as Lttorncy or Majesty's ronto, and as soon as reparc and )y ccrtilicd Courts re- f their rc- ay of the one thou- r annually y Term in r leave for 3 aforesaid y and sub- cly to the t. cr Canada to bo kept a number I to on tlie go entered 18 Vic, CiiAr. 128. 271 shall be numbered from one forward in the whole scries of numbers belonging to sueh Hull respeetively. XI n . Whenever any Attorney or Sulieitor of any of the said <'"'»if"^^ntB f /-I 1 11 1 '1 stnUinn (ilT Courts sliall be struck oil the Roll of Attorneys or Solicitors uf Attornoyg, .;C.. to such Court, the Clerk of the Crown and IMeas or lleglstrar of i"' tu'^J^hua such Court shall certify the same under his liand and the seal of such Court to the Secretary of the said Society, stating whether the same had been so struck off at the request of such Attorney or Sulieitor or otherwise, and such Secretary shall thereupon attach such certillcate to the certified copy of Holl on which the name of such person stands, and shall in the book so to be kept in his office as aforesaid, make a note or memo- randum near or opposite to the name of such party, of his having been so struck off such Holl as aforesaid. XIV. The Clerks of the Crown and Pleas of Her Majesty's „, , ,. .'J Blank certi- Courts of Queen's Bench and Common Pleas at Toronto, and i'^'*'' •■* ^" ^ . ' t'lirnislKid to the Uegistrar of the Court of Chancery there, shall annually ii'^t'ecro- on or before the last day of Trinity Vacation in each year, furnish to the Secretary f«f the Law Society of Upper Canada, as many blank Attorneys' and Solicitors' certificates as there sh;ill be Attorneys or Solicitors then standing on the Kolls of such Court respectively, which certificate shall bear date of the last said day in Trinity Vacation in such year. XV. The Secretary of the said Society, when he shall issue Momoran- any of such certificates to any Attorney or Solicitor as fifurc-^li-"",,!-',-,'/'""'' said shall in the margin thereof, under his hand, note the day '^^'^'^^''' '''*'"• of the actual issue of such certificate to the Attorney or Soli- citor taking out the stime, and shall at the commencement of every new year, destroy all blank certificates of the previous year then remaining with him unissued. XA^I. The Secretary of the said Society shall, in a second Aiphabetkai book to be kept in his ofiice for that purpose, enter all the tonu^ys, Ac, names on the copies of liolls to be so transmitted to him as and'posted aforesaid, alphabetically arranged, with a reference to thenum-"'^' bers of each name on the lioll or llolis on which the same »■• IMAGE EVALUATION TEST TARGET {MT-3) 1.0 I.I IM 12.5 no K 1^ Urn IIIII2.2 us ^ lis lllllio u L25 i 1.4 I 1.6 V] istration in Lower Canada, be made before any J,'^'|"ti',,not- of the Commissioners to be appointed under the authority of }|;''^','\^^'';, j„ this Act, in the same manner as such proof may now by hnv ^' ' • be made in Lower Canada. 10 & 20 VrCTOllIA.— CIIAP. 01. A)i Art to ori:'\i't fJic A'-t to alter aiid atnrnd the Act rcj/u- lafui'j lltr i)r:t:fi('e i>f all'. Countij Courts in ijtpt'r Canada, and to extend the Ji(rfs;/irfion thereof. [Assented to 1st July, 1850.] Whereas the large number of c:iscs usaally entered for trial i'lcamMo. at the Assi/.es for the United Counties of York and Peel render it diiiicult to provide for the despatch of business as at present conducted : Therefore, Ilcr iMajesty, by and with tlie advice and consent ol' the Lesjfislative Council and Assembly of Canada, enacts as follows : I. From and after the passing of this Aet, no plaintiff having Oisos witiiin a cause of action within the jurisdiction of the County Court tioVof the" in said United Counties, (or in the County of York if separated ooart of from the County of Peel,) shall institute or carry on such^,otto'be''''"' action in either of the Superior Courts of Common Law in I'^"'|ujeri„r Upper Canada, undjr the provisions of the Act passed in tho [^,'*"'"J"j;^"°" Ses:jion held in the thirteenth and fmrtcenth years of Her ^f';;';,-^ «' .!.'^'ijesty's lleign, intituled, An Act to al'(r and anvnd //i"«'"^ifi^^'f' Ac vcgidntinij the practice of the Coniifj/ Cuurta in. I'pp- •■■ Canada^ and to crtcnd tlic jurisdiction ihcrcnf^ or under any other Act or authority whatsoever, unless such plaintiff shall, before issuing the first process in such action, obtain i\\Q fiat of one of the Judges of cither of such Superior Courts, allow- ing the plaintitF to bring such action in one of such Superior Courts, on proof, by affidavit, to the satisfaction of such »Judgc, that some important rpiestion of law or evidence is likely to arise in such action, rendering it advisable to have such action ■vtt 27G f-' Statutes of Practical Utility. tried in such Superior Court, in which case such puii may be brouirht in the same manner as to costs and othciwit-c, as pro- vided by said last mentioned Act. 19 VICTOrvIA.—CIIAr. 93. An Act to extend the provisions of the Insohcni Dcltors Art of Upper Canada, and for the relief of a certain class of persons therein mentioned. [Assented to 1st July, 1850.] Preambio. vV'iiereas there are many persons who, having been Tradcn^ in Upper Canada, within the meaning of the Uankrupt Act, (passed in the seventh year of the Ileign of Her Majesty, 20 Vice. 1. chapter ten), cither before or since the expiration thereof, have ^ ''^* been unable to avail themselves of its benefits ; And whereas these persons, from having been such Traders, arc precluded from the benefit of the Insolvent Debtors' Act, (passed in tlic eighth year of the E-eign of Her Majesty, chapter forty-eight) ; And whereas it is expedient to relieve such persons on their making a full surrender of their property for the benefit of their creditors : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Can- ada, enacts as folk.v/s : Certain Trador-s to have the benefit of 8-V. C.48. I. All such Traders coming within the description above in the preamble to this Act set forth, shall be entitled to avail themselves of the benefit of the Act of this Province, passed in the eighth yoav of the reign of Her Majesty, and intituled; An Act for the relief of Insolvent Dchtors in Upper Canada^ and for other piuposes therein mentioned, on their taking the steps and proceedings therein set forth for obtaining their discharge. , KiTectoftho ^^' ^^ ^^ ^^^^^ pcrsonS; the order called the Final Order in wuh respect ^^° ^^^^ ^^^^ mentioned Act, shall, in addition to its effect as Tiader^ sct fortli in thc fourth section of the said Act, operate as a dis- charge of all debts or liabilities, due or contracted up to thc time of the presentment of the petition under the first section 18 Vio., CiiAr. ISO. oi' tlif ;■«.•; ill .Vi.'l, in each e;iso respectively, ha Tiilly anil v.'o;ii- plctcly, and to tlio Fumo. extent, as if sucli Tnuler luul (•btaiiiod a ccrtiiicato uirIcv the flft^'-nintli sovlion of the .'aid Act re- lating; to ]>ankrupts. III. ]*rovidcd id-A'ay^, (hat thi> Act ;d) all •,w]i]\- nnlv to A'* lin-it Upper Canaci'x. (Sl f^ r, li A P r E N D I X . 20 ViCTOUIA.— CilAP. 1. .1/4 Act 0) rcj>eal the A/ o;/. ihoumnd ei;//U hint(/r:.! ami y7/?y-,s/.f, intituled, ^' ^in A'f i> (■..■■fnii/ fhf 2>rovi!>io)is of ihr. Insulccnt Dehtors' Ad "/ f'j>i''' (^ofadi, and fur tha re- lief of (I, certain clas-i o/' jx r.-7.] Whereas it lias been r.ii;iJ t!i;.fc tliu Art passed in tho Session of one thousand ci;Jit liundrod and iit'tj-six, c-liaptcr nincty-tlirce, and intituled, An Art to extend the 2^rorision^ of the Insolvent Dehtors J^'t if ^ t'p*^^' Canada, and j'or the relief of a certain el((. I > by repealed: Provided ahva\s, that any Trader whliln the r^aici. mcaninij; of the Act hereby rev .'alcd, who shall have presented Proviso, his Petition under the provisions thereof, but who shidl not have obtained a final order thereon, by reason of the passing of this Act, rliall be entitled to the possession of his estate, or such parts thereof, as may then bo in tho possession of the Official Assignee ; and that the several Judges of the County Courts shall, on the application of such party, issue their order for the re-delivery of such Petitioner's estate. lain. I N D E X . i ACCIDENT, \'.\av. Action for damages, Tivlion death caused by lol AVho niiiy bring such action ; djuimges tlioroin ib. Action niainta'nablo by representative of psirly killed in duel ?/>. An acticm only to lie for the same cause lo2 Nfitico of particulars to be served with declaration ib. \CT OF PARLIAMENT, Date of Royal Assent, how proved 1m8 Sec I.NTKIU'BrTATlON ACTS. ADVERSE CLAIMS. See iNTEurLKADEi: AGENTS, Contracts for sale of goods by, valid in certain cases loZ To be deemed owners, so as to entitle consignee to lien ib. Act not to extend to cases where party has notice of Agent's miscon- duct 184 Nor to antecedent debts, nor to justify a departure from instructions 185 AVhat shall be deemed documents of title ih. Ple«lging documents to be pledging goods ih. Contracts made with Agent's clerk, a contract with Agent 18(5 Possession to be deemed lawful unless otherwise shewn i'>. Responsibility to principal not to be affected ih. Owner's right to redeem, or to recover balance, not to bo affected... ih. APPEAL (COURT OF). /S't'. Clerks to make out yearly lists of [>ersons practising 273 Present eertilicates to remain valid /A. Proceedings on reference of Attorney's bill 2VJ Order for redelivery of deeds and papers 2't\ Leave to connnence action for bill in certain cases 2')- Provision for taxation by a third party ih. Payment of bill not to preclude subsecpient taxation 2").'", Ai)plicatious for taxations how to be entitled lA BAIL, L In County Courts. See County Courts (Praclicr and Procedure in). II. In Superior Courts. See Practice and Procedure. BILLS OF EXCHANGE AND PROMISSORY NOTES, Costs recoverable in one suit oidy, disbursements in the rest 3& Parties to. may be included in one suit 40 Defenilant's in such cases may plead separately il,. How judgment may be given in such cases ih. Rights uf parties as against each other to remain ib. Defendants may be witnesses in certain cases '11 Liability of executor of defendants dying /A. Act not to extend to certain cases ih. Suits may proceed though 8on;e of the defendants absent th. Several v>nrties to, may bo declared against in given form, (U In such cases defendants may set off ///. Certificates of notaries to be presumptive evidence of notice and protest of CC 5 Wm. IV. c. 59 repealed, so far as notes, &c., under £100 are concerned 20G Repotil not to atfect suits commenced 207 BONDS, To prevent multiplication of suits on ,. 3'.- CASE. See Accident. CERTIFCATES TO PRACTISE. /Scc^Attorney. CHATTEL MORTGAGES AND SALES, Not accompanied by immediate possession, &c., to be void, unless filed ]7;i Where to be filed 174 Filingto be renewed thirty days before the expiration of one year... ih, Co|)ies of mortgages filed, with ceitifieate of clerk, to be evidence... ih Clerks of courts to number instruments filed v7;. Act not to apply to mortgages of vessels 175 Fees on Registering i!>. Amendment as to sales of goods not immediately delivered 216 'J. CIVIL Fi Ky. T E CLER Di Fo If CLKR COM> T. .0 I COM^ C M; Q. Pr Fa Jui Su COMM( Co I Tu T\v Jui Jul Jui Ju<] Cle Du Cle Tri Ac( iMn CONTR CURO^ En CORPC Ho Ge No Po No No Lii Ll- Sei COSTS, Inf ^7, ''?•' ;/, 1 ... ih. .... '!7;; //, 2I'J li:,i ^r,^ ilj 2."i.". if, rest .... .. CLERKS OF ASSIZE, Deputy CltM'ks of (Jiown to be cx oj^icio 222 I'oo 22;! If aljsent, nro.stitute may bo appointed 217 CLKllKS OF TllH CllOWW. See {\m).ius Pi.k.vs. CO.M.MISSIONS, To examine witnesses. See riiAcriCK and Pu'iCEDriiK. COMMISSIONERS FOR TAKlNti AFFIDAVITS. Comin ssions by I'uisiiii .ludfies in ab>:ence of Chief Jujitice ''2 May be appointed by C. V. as well as H. 15 IGo Q. 15. and ('. 1*. may appoint in Lower ('anada 17G I'roof of deeds and meniDriiils may be made before commissioners... jA. False swearing to be perjury 171 Judfres in L. C. niiiy api)oint ('umniissioners in \J. (' 274 Such Commissioners may receive proof of e.\.eeutiou of Deed, (ice... ilj. CO.MMON I'LE.VS. Sen Puactici: and Puockdv/iu:. ('ourt established l-'iO To cunsist of Chief .Justice and two puisne . udj^es 'A. Two .Justices of Q. 15. may be translerred to it lol .Jud;fes to hold olhce during gooil behavior 162 Judges appointed to talie oatli of oilice j//. Jui;;diction and powers of, to be the same as in il l^ ih. .Judges of the Courts to sit in rotation for dispatch of business l">;j Clerks of Crown and Pleas to be appointed by letters patent lo4 Duties of the Clerks of the Crown in (ntrnmon Pleas loo Clerks and deputies not to take fees for their own use ifj. True account to be rendered quarterly to Receiver General 160 Account to be rendered to Inspector General ilt. Alay appoint commissioners for taking allidavits, &,o 105 CONTRACTORS. Sec Joint CoNXRACxorvS. CORONERS, Enforcing returns of process by 70 CORPORATIONS, How writs and proceedings against to be served 23 General powers, &c 144, 58 Not to be dissolved for failure in election of officers ib Power to make rules ih. Not to enter upon Crown lands without license 5'J Not to carry on banking or issue notes unless authorized ih. Limitation of actions for things done under ])owers granted to ih. Legislature to have power to alter Acts granted to W Seizure of Stock. See E.xecution. COSTS. Sec Practice and Puocei>u:;k. Inferior Court, when in sui^s brought in Superior Courts ...85, 185, 2ii: •' s i"? ^r... .:,>.• ,S.' 284 INDEX. COUNTIES, Substituted for Districts for judicial and Municipal purposes 177 Districts abolished ih. District Courts, &c., to become County Courts, &c 178 Courts of Assize, &c., to be held for and in Counties ib. Union oi' ('ountics, mode of describin;.'; ih. Laws relative to Districts to apply to United Counties 170 COUNTY COURTS, Constitution — Courts established in each County 73 Judges to be Barristers ih. Judges to take an oath of office 74 Powers in Vacation 120, 1G7. 181 Tenure of Office Vli Junior Judges, their powers 2^1 Practice and Procedure — Amount of jurisdiction 74 Time for pleading 75 Affidavit to be annexed to plea bringing title of real estate in question ib. Who may take affidavits and recognizances ih. In what cases the Sheritt" shall take bail, &c //;. Prisoners may be admitted lo bail 70 AVliat notice of trial shall be given ib. Liiil may surrender their principal, &c ih. Plaintiff to make up record upon assessment 77 Courts may issue Writs of Subptx-na ib. Q. B. may issue subpoena;* to compel attendance of witnesses residing out of jurisdiction ih. Defendant may pay money into Court 78 Proceedings may be set aside for irregularity, or stayed *.. ilt. Statutes of jeofails, &c., to apply ib. Judge to issue precepts to summon Jurors, &c ih. When final Judgment may be entered 7'.i New trials may be granted as in Q. B ih. All rules to be two-day rules ib. One-half of all periods allo\\cd in Q. B. allowed ih. In what cases, and how execution may be taken out in other counties 80 Court may order reference to arbitration ib. To have same power to enforce regulations as Q. B ih. Writs offi.fa. and ca. sa. may bo issued 81 Ilecrgnixances of bail may be entered of record ih. Q. B. may send issues to be tried in County where venue laid ib. Proceedings in such case and return , ih. A more complete report may be demanded ih. Notice of trial, countermand and consequences 82 Proceedings after return of venlict lb. Writs of inquiry may issue to, in certain cases S'4 What return shall be made ih. When judgment may be cntured after return ih. Proceedings to set aside proceedings under writ of trial, &c. ... ih. Q B. to make rules of practice concerning such writs 84 Appeal given on points of law ih. 1 N I) I', X ::S; COUNT V CO U 11 TS- (coniin w ^1 yOUll ty .luil;. ')■ I! tooortuj- {,ri)coi'un;c;? Cimiiuenceiiioiit of Act ; contiiiiiaia'o of pcMidiiig suits County Court corfts iill.)\\<,'ii uuiy in Q. Ij. .suits witli a jurisdic- tinn of rouiity (,\iU!i, I)t!fi;nil;iJit's extra co^ts lu 84 th. i.L' a :1. liiui .7/ Att;ii|s or goods may 1)0 is,>:ued into any county Jud C; jjrs oi, nias ises in Count: aut suniiuon: c- and make orders to compute i'l" York !uid i'eel not to be brouplit in IS>:- perior Courts uiilo- ■; ujion Judi^o'sym/. }r miti'ena lOj). tear; dih, llcceiver of fees Si .illowanco to 1 iCceivei Jud. now paid. //., Clerk to acco\uit to Trfjasurer ami pay over quarterly Treasurer to a ccount to Inspectiir (ieneral ih Tiie C overnor may issue warrant t.i pay Judi io s salur Treasurer's accounts, d^'Cjiiiil public accoijuts . iMode of enforcing jiaymcnt of moneys not raid by Treasurer.' .t.s or C .01 I T' rca-i'.rers and (.'lerks to i/ive Former ctn;; missions o f .Ji •urity 'S or ('lerks confirmed. IMacc and time ('lerks shall keep tin ir offices open i Allowance to .]u l'j;os surn isedeil l)v this Act h. 0! Eq XL i'.ji Ju r ix (lie I io : . w hat Ca^ e:;teii' Form of chvim l'rocoodin!i;s on the lilin.'r o[' claim. Form of writ of summons i/ . Copy of writ and claim to be served |A. llcariuj; of claim, evidence, examination of ])arties, kv, »'/>. County judt!;o to be sole judge 2o7 Ilules of decision to 1)0 as in ("hancery liJJiS Judge may amend clrim in fiirtheianeo of justice i-!^. Wnvf orders may lie enforced 2;.'.^ (' iniit may order produftidn o :-, v^( fl. No order, &c., to be rpiaslied fii- want of form i'l. Summons, when to be served rt. Co ts, afiilavits 2'lit Claims may in cei'tain cas'js be r;'moved into Chancery »'// Appeal given to Chancery ?'//. Chancery to frame 'icneral rules ami orders 2i''1 Fees payable to loo fuinl i'y. Other fees payable to clerk of County Court 24.! 286 INDEX. rOUNTY COVRTS—icondnncd). No costs to plaintiff proceeding in Clmnccry instead of under this act ih. This act and other Cuunty Courts acts to be construed as one., ih. Interpretation clause — short title — commencement, &c 243 Schedule of forms, &c ib. I 'OURTS. See Assize and Nisi Priu? — Common Pleas — Countt CouuTS — Erkor and Appeal — Qpeen's Bi;:jcii. COURTS OF SUPERIOR JURISDICTION, Provision for, by Law Society. — See Law Society. CROWN, To challenge jurors for cause only. See Ji-ries and Jurors. DEBTORS. See Insolvent Debtors. DEPUTY CLERKS OF THE CROAVN, Clerks of County Courts to be ex ojjicio 154 Not to take fees for their own use 155 True account to be rendered quarterly 156 Ex.-oJJicio clerks of assize , 222 Papers to be forwarded by them ib. When and how to deliver records of exhibits 223 Fees and allowance for attendance ib. No charge to be made in certain cases ib. Postage on transmission of Papers 224 To issue tue precepts to sheriffs or clerks of assize ... 225 DISTRICTS ABOLISHED, Counties substituted 177 DIVISION COURTS, As the costs of suit brought in Superior Courts in cases within jurisdiction of 185 Certiorari allowed in certain cases 18G JJOWER, ^ How actions of, shall be commenced 204 Copy of declaration, how to be served ib. Service where land is vacant ///. What must be proved in default of service of tenant 205 What costs shall be allowed ib. Penalty on tenant served neglecting to give notice of ib. Schedule : form of notice 206 EQUITY JURISDICTION, Of County Courts. ri 177 » •within 185 18G 204 ib. ib. 205 ib. ib. 206 170 ib. 171 159 ib. INDEX. 287 ERROU AND kVV'E.\L— {continued). Jurisdiction 100 No .'ippeiil allowed until security for costs given ib. Execution to be stayed on certain grounds only ib. Judges to make general rules and order 162 Pending cases transferiei] to the Court ib. Registrar of Court of Ciianccry to be clerk of Court 163 Fees to belong to Province ib. AVbo may practice in the Court of Appeal 164 Judgment to be final in certain cases ib. As to appeals from County Courts 165 Rules confirmed 182 EVIDENCE, Regulated by rules, iu England 2 Judgment of certain courts out of U. C, how proved 179 Notarial copies of intruments pass'-d in L.C. to be received in U. C. 180 Proof of U. C. judgment in L. C ib. Certified copies of official documents, &c., receivable in evidence,... ib. Judicial notice to be taken of Judge's signature 181 Witnesses not to be excluded for certain causes 225 Parties to suit not to be witnesses except called by opposite party.. 226 A party to suit may be subpoened by opposite party ib. Commission when party reside out of Upper Canada ib. Party charged with criminal offence not to give evidence for himself 227 Probate of will of person dying out of Upper Canada may be receiv- ed as evidence ib. Certificate to hQ prima facie evidence of facts therein stated 228 Piobate of will receivable in evidence ib. Clopies of books or documents to be evidence in certain cases 229 Judge may compel inspectiin of documents ib. Punishment of officers giving false certificates ib. Punishment of persons forging documents or using them knowingly 230 ■Certain allegations not necessary in setting out legal procedings ib. Witnesses may be summoned from any part of Canada 201 Special order to be made 262 Punishment for disobedience ib. Reasonable expenses to be tendered ib. Proof of service, how to be made ib. Costs of attendance, how taxable 263 Not to aflfoct commission to examine ib. Not to aifect admissibility of evidence «. ib. EXECUTION. See Intekplkaper — Sheriff. Goods — Eight days' notice of sale to be given 7 Lands — Not to include goods and chattels , 5 Not to issue until return of process against goods ib. Lands not be sold until 12 months after delivery of writ.... ib. Stock — In companies may be seized and sold 22, 146 Mode of transfer 22, 147 When seized not transferable 147 Service of notice of seizure — when to be made ib. Deemed personal property 148 Saving of remedies at common law ib. What companies intended ib. EXECUTORS, llight to sue and liability to be sued. Sec Practice and PROcrin'Ri;. , i 288 INDEX. FACTORS ACT. See Agents. FOREIGN JUDGMENTS. ,S'^e Evidence. FRAUDS, STATUTE OF. Sec Sxatutk of Fa\uus. FRENCH LAWS, Abolished in Upper Canada. See Civil Riguts. INQUIRY. (Writs of). See County Courts. INSOLVENT DEBTORS, Wiio intended Property of debtor to be vested in an official assignee Form of petition for protection The protection not to prevent party from being held to bail Proceedings to be adopted hy Judge or Conimissioncr Operation of final order Judge or Commissioner may renew order Judge or Commissioner may imprison debtors prevaricating As to property and credits of debtor and power of assignees Property of debtor acquired after final order Upon petition filed, Judge may compel attendance of petitioner Prisoners in execution for debt may petition Such prisoner may be brought up by Judge's warrant Proviso in case of petitioner's decease Wearing apparel, &c., to value of £20 exempted Oflicial Assignee to act until assignees are chosen by creditors Powers of petitioner vested in assignee Provision as to acceptance of lease by assignees Assignees empowered to sue, &c. Creditors to vote according to amount due Government stock, &c., of petitioner to be assigned Death or removal of assignee not to affect suit Property to become vested in assignee Distress for rent to be restricted for one year Final order may be pleaded in bar of suits What shall be evidence of assignee's appointment Creditors or assignees may apply for removal of protection Power to rescind — notice to be given — costs Assignments made after filing petition void After tiling petition, judgment creditors not entitled to execution.. Final order, protection under, from arrest .Judge may discharge petitioner in execution Provij-ion in case of debts fraudulently contracted Annuities considered as debts Coi.sldcration of final order may be adjourned sive die If no day named, Judge may make order for protection Petitioner arrested, discharge of, by Judge's order Schedule may be amended in certain cases Dividends, proceedings on Assignees may sell outstanding debts, &c., after 12 months County Julge may make rules and order under this act May fine and imprison for non-observance Tal)le of costs regulated by Queen's Bench Oflicial assignee, remuneiation of Petition receivable in evidence iNSOL Ac Da Foi Foi Fill Cei EiTi Act r.) . INTER! 95 W llol OS i/>. ib. I rNTERI ib. \ D.r 08 ^ Ju.ll ib. %: In J ib. ; ?j lu s 9') Ord 100 Sim 101 Ad) I ib. 102 llnlc 103 EtUM ih. ib. IXTERP 104 For ib.. i To V. 105 Date ib. Any 106 The ' ih. llov.- 107 "Ik ib. "Go ib. "Go ib. "Lo ib. " u. 108 Nam ib. Wore 109 "Pe ib. " \Vi 110 " No ib. ■ " i\l( Ill "Ik ib. " Oil 112 " Ko ih. Punl ib. Ik' CO 1 'i a Part 114 ivioH ib. " M: 11& Inipi ib. P()\V( ih. PuM ih. Wore ... 0? ... 08 ... ih. ... ib. ... a. ... '.)8 ... ib. ... ib. ... w ... 100 ... 101 ... ib. ... 102 ... 103 ... ib. .. ib. ... 104 ... ib.. ... 105 ... !7;. ... 106 ... ' ib. ... 107 ... ib. ... ib. ... ?6. ... 108 ... ib. ... 109 ... ib. ... 110 ... Ill ... ib. ... 112 ... ih. ib. ... TiJI ... 114 ... ib. ... 11& ... ib. ib,. .... ib. INDEX. 28t^i< INSOLVENT DEr.TOllS— (tv)»//ft!/r,-/). Act limiloil to Upper Ciiufida, and iii'iy lio ultcrcd Ilo Darntion of Act 11 •< Form of pt'tition for protection, «S.:c ib. Form of !iifi'l:ivit vorifyin,;:; petition iiml ."^cliodulo IIH Final order for protection from prrR-cas 1 !'.> Certain traders to havo tiic benefit of <^' Vii;.: c. 48 U7(> EiFect of final oi'der with rcypoct to trad' -■ ib. Act limited to Upper Canada 277 10 & 20 Vic. c. 'j;5 repealed— Aj.pendix. INTEREST, How and when allowed in jiidlelal prooo< diii;.'.-. . See ruACTicK anu i'ncjr.in.ii!;. rNTEllPLEADEll, Defendant not interested in a contest i\,:\\ i!itrri;U:ad — when ('7 Judjiment under Judge's order to he linal ';8 In default of appearance by tiiird party his claim to be bari'ed ib. In sucli case court may make such order ay mnx a.ppear jnst ih. Order of a tingle judge may be set a.'-iile nr altered by the (^mrt (>'/'» Single judge may refer the matter to the Court in tiie tii'fjt inyt;nu:e ib. Adjuslmeni: of claims made by third iiartiey t;> goods or chattels taken in execution ib.. Rules, &c., under this act may be entered on rrv'jrd 70 EtFeet thereof and remedy if costs be not paid ib. INTE IIPRET ATION ACTS, For interpretation of certain terms used iii acts of rarli.imcnt, kc. To what Acts applicable 57, 1^8 Date of Royal Absent to be endorsed and form part of act /'//. Any act may be amended the same session,. IS!)' T!io Governor and succcssoi's to be a corporation sole ib. llov,- the following exi)ressions shall be c^;Il^tr\u>d : — " Her Majesty," &c., "The Crown," &e 57, 140 " Ctovernor," Ike //'.. "Governor in Council," «S:c ib. " Lower Canada" ib. "Upp:r Canada" ib. Names of counties, places, lic (7*. Words in singular number or masculine cionder 57, 140 "rersou" ". in " Writing," " Written" ib. "Now,"'" Next" ib. " Month" ib. " Holiday"' ib. "Oath"! ib. " llegistiai," " Register" ib. Funishincnt for contraventit ii of Acts 112 rtocover}'^ and distribution of penalties ib. Part of consolidated revenue ib. ivionies, hov,' ])aid out of cousolidatcil revenue ib.. " Magistrate," " Two Justices," &c 14;i Imprisonment, whce to be, when directed ib. , Power to appoint, power to remove ib. Public otiicer to mean successor or ileputy ih. Words creating corporations 58, 14-A r n,' \ r 2D0 INDEX. INTRRPHETATION AC'VS^—{ronl>nucd ). RiL^lits of the Crown saved 5P, 14-1 power to ainoiid fiii not th. DiiForcnce between pu'ulic and private bill^i 14r. CiTttiin acts remedial ih. Ordinary rules of cunijti'uction not affected ib. JOINT CONTRACTORS, Liability of representatives of deceased contractor, though other joint contractors Hvini:^ Gl To be proceeded apainst by fcirr fiicias ih. Limitation of liability of stock-holders in banks, &.c ib. JUDGES, Travelling expenses, allov-'ance for, on circuit 42 JURIES— JURORS, All issues of fact to be determined by verdict of t'relve jurors S Precepts to be issued, and by whoii; 186 AVhen precepts tliall be issued, and to whom directed ib. AVrits of venire faci:is, their form 187 Date of teste and return of jury process ib. Writs of iiabeas corpus, &c 188 Actual writ of venire facias may be dispensed with ib. As to cases where plaintiff shall not proceed to trial 188 When defendant, &c., may bring on trial 190 Ballots for drafting petit juries, how to be made ib. Certain juror? not to be included in any ballot 191 By consent the same jury may try several causes ib. Special jury may bo demanded except in certain cases 192 Venire facias for special jury ib. Notice to he given when jury is to be struck ■;.. 19{i Special juries to be taken from roll of grand jurors ib. yinda of ballotting for. ib. Sheriff may strike in place of party failing to attend 195 Oertain cases may be tr'ed by men conversant with the subject 19G Such extra special juries to be struck by elisors i'>. Mode of striking such jury 197 Same special jury may, by consent, trj' any number of causes 198 Proceedings for view, appointment of viewers, &c ,. 199 Right of aliens to be tried by jury de medietate saved 200 'NVho may be summoned as jurors on inquests iL. M'ant of qualification to be a cause for challenge 201 Want of freehold, &.C., not a cause tb. Peremptory challenge limited 202 Crown to challenge for cause only ilj. Peremptory challenge in civil cases ik- Time of summoning, &,c..... ib. .Jurors on inquest, &c., matrons de ventre to be summoned as before 203 Court may order records to be entered, &c., on first day of sitting.. 217 JUSTICES OF THE PEACE. (Protection of). Form of action against 251 Malice and want of probable cause to be alleged and proved ilj. As to actions upon warrants founded upon convictions of other Justices 2")r> Afv Judge refusing to act may be compelled ^■^'■■ M' 5P, 141 ... )f>. ... 14G .. ih. ... ib. icr Gl ... il>. ... io. ... 42 .".'.' 186 ... tb. ... 187 ... ih. ... 188 ... ib. ... 188 ... 190 ... ib. ... 191 ... ib. ... 192 ... ib. '... 19C ib. ... ib. ... 19.5 ... 19G ... ib. ... 197 ... 198 ... 199 ... 200 ... ib. .. 201 ... tb. ... 202 ... ib. ... ib. ... ib. ire 203 K.. 217 2r)-i ib. 255 ik. I INDEX. 291 JUSTICES OF THE VE\CE—{continufd.) No action to lie upor; warrant, under a conviction confirmecl upon appeal Judge may set aside any action brought contrary to this act Actions to be brought witi.in six calendar months Notice of action to be given and how Venue, how to be hiid, pleadings in, &c Amends may be tendered and paid into court , Plaintiff failing in certain proofs to be non-euited, &c Damages limited in certain cases "What costs shall be allowed to either party Inconsistent enactments repealed Act to apply to persons protvcted by repealed acts Interpretation of words " Justices of the Peace," &c. aSVi? Imkr- piiETATioN Act. KING'S BENCH, Establsbed 250 ib. 257 ib. ib. 258 259 ib. tb. 200 ib. LANDS, Execution against. See Exkcution. LAW SOCIETY, Secretary of to issue certificates to Attorneys. See Attokkky. ISIoney granted to, to make provision for the Courts 121 To be raised by debentures 122 Levy on process to pay same ib. How collected ib. A further sum granted for same purpose 20:1 LIBEL AND SLANDER, Jury may give general verdict upon whole matter , 207 Judge may give opinion and directions ib. Jury may render a special verdict ih. Defendant may prove apology in mitigation 208 In libel may plead insertion without malice, &c ib. May pay money in Court as amends ib. Punishment for extorting money by threatening to publish, &c 209 Punishment for publication knowing it to be false ib. Punishment for maliciously publishing any. libel ib. Truth pleaded, when only to be a defence ib. Defendant in certain cases may prove publication without his au- thority 210 Costs, and how recoverable ib. LIMITATION OF ACTIONS, A written me aorandum may take case out of statute of 21 1 As to joint contractors ib. As to non joinder of defendants who have a good defence 212 Indorsement by payee of any payment, not to take case out of statute 213 This statute to apply to set off ib. Ratification of promise made during non-age ib. As to representation of character, credit, &c., of a third paity ib. Statute of frauds to extend to all contiacts for sale of goods to valine of £10, to be delivered at a future time 214 Against Justices of the Peace. Sec Justicks of the Pea(^e. 1 I 202 INDIIX. MAGISTR VTES, Sve .TrsTTcr-.s ok tiik l>r..\«'E. MILLS, No (lrtmiij!;eH rocovorablo fm- erection of dma,- in certiiin cuscs 21i~i Dcl'i'iulaut niiiy plciul t'lo fXouoiMl is.-iio. \c if/. >nsN()Mi:R, Not to be ]»lcii'lcJ in (ibatomont 4^ M0RrGAGl':3 01' ['I-^IISOXAL PllOPHllTY. .V-v.- Ciiattki. M.)RT.jagks MOUTGAGMo OF TJ'AL KSTATll. &c E\k r:ioc!;i)rui;. PLEDGES, By Agents of principal property. Scr AoiO.NT.s. PRACTICE AND PIJOCEDUHE, I. In Ciir.NTi' Courts. Sec C'ounty Corin-s, II. In Si r;;i;iou CoruTS. Court may aljuurn from return lay to i'"I"mi day in Term time 8 Judi!;e^ may f»;raiit orders for arrest Ih. CJoiKiitiuns of rec'oirnizance of bail ib. Mow bail may fcurrcnder tlicir priniii)!i,l Defendants nmy put in special bail in vacation , ih. ('a. Sa. may issue after judgment witliont afiidavit in certain cases 10 Chief Justice to issue precept to .Sheriif to su!iHi\on juries ifj. Conunissions to examine witnesses, v/lieu may be issued i'fj. How to be retui'ued wlieii tal. AUo'.vaiico of costs to be regulated by law of En,q;!and 1(> (v)sts of defendants wlien arrested for more than is due ♦> Not allowed in actions on judgment witliout an oi'der , i/>. Judges to mike orders for justifyia j; Uv.'i, .<'.; 18 Judges of assize may take bail ///. Condition of the cognizance of b INDEX. 203 PRACTICE AND VROCEDVUV.— {continued). IIow bail may aurrender their principal '.' Special bail may be put in, in vacation ih. Bail may be perfoctetl in vacation .'53 Surrenderor principal ib. Manner of i)rocecding to surrender CI Executors of persons deceased may maintain actions, ■vvhon 44 Limitations of particular actions 45 Provision in case of written acknowledgment or part paji'ient ib. If judgment be reversed for error, new action may be broii<;lit 4('» I'leas in abatement for fvi-joinder, to state party's residence, &c. 47 Under plea in abatemeat, plaintiff may have judgniont ib. Misnomer not to be pleaded in abatement 48 In affidavit to hold to bail, i'.'tial of christian name suflicient .'7/. Wager of law disallowed ib. Action of debt maintainable against executor ib. Defendant, except in certain cases, may pay amends into Court ... 49 Local actions may be tried in another county ib. Court of Record may direct pleadings to be amended when 60 Instead of amendment, Judge may direct Jury to find facts 51 After issue joineil, parties may agree upon a special case 52 Jury may allow interest on debt in certain cases ib. Interest in trover in nature of damages 53 Interest when execution delayed by writ of error * ib. Payment of costs by executors, iScc ib. Defendants entitled to costs after a nolle prosequi ib. Costs when nolle prosequi entered as part of declaration 54 Plaintiff allowed costs on scire facias, after judgment by default ... ib. Executors of a lessor may distrain for rent , ib. Arrearages of rent may be distrained for after determination of lease in certain cases = ib. Submission to arbitration, if rule of Court, not revocable without leave of Court 55 Witnesses may be compelled to attend arbitrators by order of Court ib. Witnesses may be sworn upon arbitrations 5G Ground writs of fieri facias unnecessary ib. Judges to make rules for conduct of otTicers ib. Judges of County Courts may grantorders for time to plead, v^c... 158 Judges of Superior Courts may sit apart for certain purposes 182 Clerk in Chambers to be Clerk of Court ib. Judges in Chambers may dispose of businegs in either Court ih. llecord to be delivered to attorney of party entitled to postca 223 Attorney entitled to postea, to prepare the same //'. Deputies not to charge fees in certain cases ib. Postage of records, &c., regulations respecting 224 Case of the Marshal and Clerk of Assize for County of York ib. Clerks of Assize to issue precepts to Sheriff 225 Office days and hours of Sheriff's in U. C 240 Date of delivery of writs to, to be endorsed 247 Penalty for not duly re-delivering writs ib. See (iIho Bills of Exchange and Prumissory Notfs — Dower — P]viI>r,NCE— EXECLTFON — I.NTERPLKADKR — RkpILVIN. PRESCRTPTTON, Certain c'aims not to be defeated by showing counriOncciuent of enjoyment within thirty years 127 Eiijojmeut for sixty years, indefeasible ib. 294 INDEX. rRESCTlTPTTON— (con/»«j/?rf ). \\\*'Ml ih. Alloj;ati()ns of party clainu!!}^, i)leas, iv:c. 12U Matt r of exception to be specially pleaiL^i i/i. Presunipiion, when inadniissable ifi. Terms of years, kc, excluded from computation in certain cases ... IJJO Exception as to lands of the ('rown ib. Extent and commenccuient of Act ib. rnOMlSSOllY notes. Sre Kills of Exciianqk and Tuomissouy Notks. PROPERTY AND CIVIL RIGHTS, Questions relating to, settled by law of England. Sec Civil Rights. QUEBEC ORDINANCES, Repealed 19 QUEEN'S BENCH, Court of, established 3 REPLEVIN, Remeily by, same as by laws of England 34 Proceedings by SherilF on writ of replevin ih. AVhen capias in withernam may issue 35 By whom, and how writs to bo executed ib. Proceedings after appearance '. ib. Notice in case of non-appearance of defomlnnt ib. "When distress not exceeding <£!"), writ may issue from County Court 30 Rules cf practice, &c., to be framed by Court ib. IIow far practice in England to prevail ih. Form of replevin writ ib. Form of replevin bond 37 Assignment by Sheriff , ib. Form of writ of capias in withernam 38 Form of notice 39 Action of to lie in certain cases where actions of trover or trespass now lie 217 Form of writ in such cases 218 Affidavit to be made before issuing the writ 219 Defendant not appearing, plaintiff may file appearance and proceed ib. Condition and amount of bond to Sheriff 220 "Where the action may be brought ih. ^Vhat the Sheriff shall state in his loturn ib. As to pleadings, &c., in such actions ih. Declaration to be made to suit the case 221 What pleas, &c., tlie defendant shall have ib. Sheriff may in certain cases break open doors, &c ib. REPORTERS, Former Acts repealed 205 Law Society authorized to appoint 200 Duty of, and what shall be reported 207 Provision for reporting decision of Judges sitting separately ib. HEPOil A!>1 Re Sal Sill Pn SET-Ol Up SIIERll Nul To To Su| P.ol Cof Cui Ac Qu Nc Ne C.i^ Act Sui As Slu Ex' Shi Noi Sui Nai Sh( Up LiM Foi Foi En Jui An Wi Pe Co Til In Pc Ju Al Of SPECI SPECI V2H ih. ih. \'2'J ih. ih. l;JO th. ih. 19 .. 34 .. ih. • • tJU .. ib. .. ih. .. ih. urt 36 .. ib. ih. . ih. . 37 . ib. . 38 . 30 s . 217 . 218 . 219 1 ib. . 220 . ib. . ib, . ih. 221 , Ib. . ih. 2G5 2(36 267 ih. INDEX. 195 REPORTKRS— (r.-«///if/,v/ ). Alf^c) I'nr reporting decisions in Error nnd Appeal 268 Ei'poits to 1)0 {iriiitcil !ui(l piil)liylu'U th. i'in\iivy of Reporters ". ih. JSal.irio-, pn^meiit of provided for 269 Trcsent Reporters nuiy hold ollioe 273 SET-OFF, Upon plea of, defendant may have a verdict in certain cases 20 SHERIFF. Sfc ExKcuTioN. Not to traile as nierchimtor Shopkeeper 12 To enter into bind with sureties, to accinuit fur public moneys... 24 To enter into covenant respectin}^ duties in jirivate suits ih. Sureties to be approved l)y -Justices in sessions ih. lUmd to be deposited with Inspeetor-tJeucral ih. Covenant to be executed in du[ilicate 25 Co[)y to be furnished on payment of certain Cees ib. Appointtnent not to be made until SLCurities perfected ih. Qualitication ih. New siireties to be given in case of death, insulveiicyr &c 26 New Mireties to be given by SherilT in cases of reputed insolvency . ib. Givinji; new sureties not to discharge former defaults 27 Actions on covenants not to discharge subserjuent actions thereon for former dei'aults.. ib. Sureties discharged when they havepai'l full amount of their bond . ib. As to paitial payments by surety ih. Shcrifl's to furnish new sureties in cfise of former being insolvent or discharged 28 Exccutic ns against Sheriff and sureties, to be lirst levied on Sheriff ih. Sheriff liable to costs of rules of Court , i't. Not entitled to fees unless due retuin made 29 Sums to be specified in the covenants of the svireties of Sheriffs ib. Nature of sureties' liability 30 Sheriff to continue in office until successor appointed ih. Upon death of Sheriff, Deputy to act ih. Liability of Deputy and his sureties 31 Form ofbond to the Crown ib. Form ofCovenant 32 Enforcing returns of writs, by 70 Judge may order attachment of, in case of default 71 Any Judge to have some powers as coin, under habeas corpus with regard to Sheriff and Coroner ib. Writs of habeas corpus, when returnable and before .whom 72 Penalty for neglecting to return writ within three months ib. Costs in the discretion of the Judge j7). This Act not to intcrfei J with other remedies 73 In wiiat cases and to what amount poundage shall be allowed 124 Poundage limited unless full amount collected 126 Judge may make order incases under 7 Vic. c. SO ib. How costs paid in cases of adverse claims 120 Allowance to Sheriff for keeping property pending such trials ih. Office hours 246 SPECI \L BAIL. See Practice and PRocEnuRK. SPECIAL JURIES. See Juries and Jurors. ^0 I N D E X. STATUTE OF FRAUDS, Extcinloil to all cdiitrncts for sale of goods to value of XIO, to bo tlelivorcd at a future time 214 STATUTKS. Set Intfrvuetatiox Act. STATUTHS OF LIMITATION. S,c LiMiTATiON ok AcrroNS. STOCK, SHARES OF. <<^(C Execition. SURVEYORS AND SURVEYS, DiifciiCG of unskilled fjurvejs 14S Protection of defendiuits 14U TAXATION, Of Attorney's \)'\\\i> before or after payment. Sfc Attoknf.y. TERMS, Of Court, appointed 157 TRIAIi. *S'tr Juries ANT) JnioEs. TRIAL, WRITS OF. Sa County Coukts. USURY, PeniiUies for TIsury n^wjlislied 28o Contracts, &c., to be void, as regards cxcet^3 of interest ih. Not to apply to Ranks '. 234 VIEWS. .SVe JuuiES ano.Iiuous. WAGKR OF LAW, Disallowed 48 WITNESSES. *S'c(3 Evidence. WRITS, Of Inquiry and Trial, i^ec Covnty Cuchts. WRITTEN MEMORANDUM, When required to cxeuipt from Statute of Frauds 214 I >' MACLEAE, THOMAS ft CO., PUINTEES, KING STBKET, TORONTO. s to bo 211 M« 14U 157 283 ib. 234 48 214